Our Social Security System is based on a pay-in / pay-out model. In other words, when you work at your job, you pay taxes to the Social Security System. When you retire, or become disabled, you, your spouse, or your dependent children are eligible for a monthly benefit. Social Security Disability Insurance (SSDI) is a part of this program as is Supplemental Security Income (SSI), Disabled Widows and Widowers benefits (DWB) and Disabled Adult Child Benefits (DAC).
However, just because you pay into the system, it does not guarantee that you will be automatically approved if you file for social security disability.
There is no personal trust account at the social security administration with your name on it. . All of the social security taxes paid in Florida are pooled together with all of the other states into a single trust account and benefits are paid out of this account to the individuals.
In order to receive benefits, you must meet the eligibility requirements as spelled out by the Social Security Administration. In Florida the Division of Disability (DOD) will determine if your claim meets the eligibility criteria. The lawyers at Harris Guidi have years of experience and know what the DOD and SSA are looking for in claims. Put that experience to work for you today.
Social Security Disability Benefits Claims and Appeals Process
If you social security claim is denied, that does not mean that it is the end of the road for you. On the contrary, it is just the beginning of the process, but time is not on your side.
There are actually four stages to the social security disability process.
- Initial Application (Filing Your Initial Claim, if it is denied you proceed to the next step)
- Reconsideration (Your Initial Appeal, here is where you can appeal the denial.)
- Hearings with the Administrative Law Judge (If your initial appeal is denied, then you can request a live hearing in front of a judge to again appeal the decision.)
- Appeal to the Appeals Council (If the judge denies your claim, then you have a final appeal)
Many claims are initially denied by the Social Security Administration, but that does not have to be the end of the process for you. As you can see illustrated, there are actually several layers of appeals.
The Process is very lengthy and requires extensive documentation, as well as the testimony of medical professionals. Many of the claims that are initially denied are denied because the paperwork is not completely filed out, or pieces are missing from the application.
Our Jacksonville attorneys will make sure that you have all of the documentation and a well organized and compelling case. The social security disability attorneys at Harris Guidi will fight for your rights. But time is limited. Once your original claim is denied, the clock is ticking and filing appeals must be filed before the time runs out.