When and How Should I Appeal a Denial of Florida Disability Benefits?

Posted on May 16, 2011 by cjblog

If you have a medical condition that keeps you from working but you have been denied Social Security disability benefits, you should appeal this denial. Statistics show that although most applications for disability benefits are denied, those claimants who appeal their denial through the hearing stage are awarded benefits more often than not. An experienced Ocala Social Security attorney can improve these chances even further.

How long do I have to appeal a denial?
After you receive your first denial of benefits, you have 60 days to request reconsideration. Few claimants are awarded benefits at the reconsideration stage, so you will probably receive another denial. You will then have another 60 days to request a hearing with an administrative law judge (ALJ).

Because your claim is most likely to be awarded at the ALJ hearing, you'll probably want to appeal your denials as soon as possible to get to the hearing stage more quickly.

What if I do not appeal within 60 days?
You'll have to file a new application and start the process over. You may also lose some back benefits. It's important that you meet these deadlines.

How do I appeal?
Your denial letter will contain instructions about how to appeal, but basically there are three ways to do it:
- Call the Social Security Administration and arrange to appeal by phone or mail.
- Go to your local Social Security office and submit your appeal in person. If you choose this option, bring a copy of your denial, and make sure that the Social Security representative gives you a signed copy of your appeal to prove that you appealed within the 60-day time limit.
- File an appeal on the Social Security Administration website at https://secure.ssa.gov/apps6z/iAppeals/ap001.jsp. After you submit the appeal, you will get a receipt. Be sure to print this to prove you met the deadline.

If you need help appealing your denial of Florida disability benefits, please contact the CJ Henry Law Firm at (352) 304-5300 for a free claim evaluation, or fill out the form at the top of this page.

This entry was posted in Appeal, Blog, News, Tips by cjblog.