SSDI Appeals Attorney in Orlando, Florida

If you've received a denial of your Social Security Disability Insurance (SSDI) benefits in Orlando, Florida, it's crucial to seek experienced legal representation to work through the appeals process.

At Reese Legal, we're experienced in SSDI appeals, offering skilled and dedicated legal counsel to help protect your rights and examine your case.

With extensive experience in handling disability claims, Attorney Michael Reese is committed to providing the strategic representation necessary to help secure your benefits. Contact us today for a confidential consultation and take the first step toward a resolution of your SSDI appeal.

Review the SSDI Program

SSDI is a federal program administered by the SSA that offers benefits to people who have worked and paid into the Social Security system through payroll taxes. To qualify for SSDI, an applicant must meet two primary criteria:

1. Work history: The individual must have earned enough "work credits" by paying Social Security taxes through past employment. Typically, individuals need to have worked for five out of the last ten years to qualify.

2. Disability: The applicant must have a medical condition that meets the SSA's definition of "disability." This means the condition must be severe enough to prevent the individual from engaging in substantial gainful activity (SGA) and is expected to last at least one year or result in death.

Once an individual has been denied, they can initiate an appeal to have the decision reconsidered. The appeal process in Florida follows the same general steps as in other states, but local factors such as the caseload in specific areas can influence the timeframes and success rates of appeals. Certain circumstances could also potentially cause a denial.

Reasons for SSDI Denial

In Florida, as across the nation, the SSA may deny an SSDI claim for several reasons. Some of the most common ones include:

• Insufficient medical evidence: The most common reason for denial is the lack of sufficient medical documentation to prove the severity of the disability. The SSA requires medical records, test results, and detailed physician reports to substantiate the claim.

• Not meeting the SSA’s disability criteria: Even if a person has a serious condition, it must meet the SSA’s strict disability criteria. Conditions such as back pain, mental illness, and diabetes can qualify for SSDI, but only if they prevent the individual from working for at least a year or result in death.

• Earning above the SGA limit: If an applicant earns income above the SGA threshold (which, as of 2024, is $1,470 per month for non-blind individuals), they are considered capable of working and thus ineligible for SSDI.

• Lack of sufficient work history: To qualify for SSDI, an individual must have worked a sufficient number of years and paid into the system. If the person hasn't accumulated enough work credits, the application will be denied.

• Failure to follow treatment: If an applicant fails to follow prescribed treatments or medical advice without a valid reason, the SSA may consider this in determining whether the person is truly disabled.

The good news is that, if you've received an SSDI denial in Florida, you have the right to appeal the decision. Attorney Michael Reese can help you determine why your claim was denied and how to move forward.

SSDI Appeals Process in Florida

The appeals process generally involves four stages, and reviewing each stage is critical to handling the system effectively.

1. Request for Reconsideration

The first step in the appeals process is to request a "Reconsideration" of the SSA's decision. This is essentially a request for the SSA to review the denial and decide if the original decision was correct. In Florida, you can file a request for reconsideration online, by phone, or by mail.

• Timing: You have 60 days from the date of the denial notice to file your request for reconsideration. If you miss this deadline, you may lose your right to appeal and would need to start the process over.

• Process: During reconsideration, the SSA will assign a different claims examiner to review your case. This person will look at the same medical records and documentation that were used in the original review. You can submit additional evidence during this stage to strengthen your case, such as updated medical records or new test results.

• Outcome: If the SSA’s reconsideration results in another denial, you'll move to the next step in the appeals process.

If your request for reconsideration is denied, the next step is to request a hearing with an Administrative Law Judge (ALJ). 

2. Request a Hearing With an Administrative Law Judge (ALJ)

This is one of the most important stages of the appeals process and often provides the highest chance of success. You can typically expect the following process:

• Timing: You must request a hearing within 60 days of receiving the reconsideration denial notice. The SSA recommends that you submit this request as soon as possible to avoid missing deadlines.

• Hearing location: In Florida, hearings are held in local offices, and you'll be assigned to a hearing office based on your county of residence. You can find hearing locations in cities such as Miami, Tampa, Jacksonville, and Orlando.

• The hearing: During the hearing, you and your attorney will present your case before an ALJ. The ALJ will review your medical evidence, listen to your testimony, and consider any other supporting information (such as witness testimony from family or friends). You'll have the opportunity to explain how your disability affects your ability to work.
  
  It's critical to be prepared for the hearing. You should bring all updated medical records, any relevant employment records, and other supporting documents. You may also need to present a vocational professional to discuss how your disability impacts your ability to perform specific jobs.

• Decision: After the hearing, the ALJ will issue a written decision. This can take anywhere from a few weeks to several months. If the ALJ rules in your favor, you'll receive SSDI benefits, including retroactive payments if applicable.

If the ALJ denies your claim, you have the option to request a review by the Appeals Council.

3. Appeals Council Review

This step is the next level of appeal and involves a higher review of your case by a group of senior officials within the SSA.

• Timing: You have 60 days from the date of the ALJ decision to request an Appeals Council review.

• What happens: The Appeals Council will review the ALJ’s decision to make sure it is consistent with SSA rules and regulations. The Council won't conduct a new hearing but will examine whether any errors were made in the original decision. This review can take several months.

• Decision: The Appeals Council can either agree with the ALJ's decision, overturn it, or send the case back for further review.

If all other appeals are exhausted and you're still denied SSDI benefits, you can file a lawsuit in federal court. 

4. Federal Court Review

This legal option provides a final opportunity to have your case reviewed by a federal judge. With Attorney Michael Reese on your side, you can rest assured knowing you're taking the necessary steps toward approving your benefits. 

• What happens: In federal court, a judge will review your case to determine if the SSA's decision was legally sound. If the court finds an error in the SSA’s decision, it may order the agency to reconsider the case or approve benefits.

• Outcome: A federal court review can take years, and the success rate is relatively low. However, it's still a possibility for those who have exhausted all other options.

Appealing an SSDI denial can be overwhelming, especially given the challenges involved. That’s why having experienced legal support can make all the difference.

Tips for Increasing Your Chances of Success

Successfully working through the SSDI appeals process requires careful attention to detail and a thorough understanding of the system. Some key tips to keep in mind when filing for an appeal include:

1. Gather strong medical evidence: The SSA requires detailed medical evidence to support your disability claim. Make sure to keep all records of doctor visits, test results, and treatments. Be proactive in following up with your healthcare providers to obtain any missing documents.

2. Consider hiring an attorney: A disability attorney can help guide you through the appeals process, prepare your case, and present compelling arguments on your behalf. Attorneys experienced in SSDI appeals are familiar with the system and can significantly improve your chances of winning your case.

3. Submit additional evidence: If you receive new or updated medical records after your initial application, make sure to submit them during the appeals process. New evidence can help strengthen your case and address gaps in your original submission.

4. Be persistent: Many SSDI applicants are initially denied, but with persistence and the right approach, it's possible to secure benefits. Follow all deadlines, seek professional assistance when needed, and remain patient throughout the process.

The SSDI appeals process in Florida may be intimidating due to the lengthy timeline involved. However, with the right documentation, preparation, and legal support, residents in Florida can improve their chances of obtaining the disability benefits they need.