What Florida Claimants Need to Know about Social Security Disability Appeals

The process of filing for disability benefits can be difficult and confusing, causing many claimants to forget critical pieces of their application materials or necessary evidence. An incomplete or unsupported claim for disability benefits can result in the denial of your claim, making a Social Security disability appeal necessary. To avoid this situation or help with an appeal, a Jacksonville Social Security disability lawyer can be of help.

When is a Social Security disability appeal necessary?

If your application for disability benefits is denied, or if you receive a sudden reduction or termination of benefits after being approved, you may need to contact a Jacksonville Social Security disability lawyer to file a Social Security disability appeal. A denial of your claim or reduction in your benefits is not a final decision and it can be fought with the help of an experienced Jacksonville Social Security disability lawyer.

Filing a Social Security Disability Appeal

Your Jacksonville Social Security disability lawyer can help you file your intent to appeal but it must be done within 60 days from receiving the notice of claim denial, benefit reduction or benefit termination. There are 4 levels of appeal:

• reconsideration;
• hearing by an administrative law judge;
• review by the Appeals Council; and
• federal court review.

Reconsideration is common when you failed to provide enough evidence to support an initial disability benefits claim. If a decision at this level is inadequate you may request review by an administrative law judge. Your Jacksonville Social Security disability lawyer will be critical at this stage as it involves representation in a court hearing.

If you are still unsatisfied with your disability benefits situation you may bring your Social Security disability appeal to the appeals council. The council may make a new decision, or return the case to an administrative law judge. The last stage of Social Security disability appeal is to bring your case to a federal court.

The Status of Your Disability Benefits During Appeal

If you are appealing a termination of your disability benefits you may be able to continue to receive benefit payments during the appeals process. Your Jacksonville Social Security disability lawyer can help you request benefit continuation if you are appealing a decision that says you no longer have a disabling condition, or if you are no longer eligible for benefits due to lack of need.

Your Jacksonville Social Security disability lawyer must file this request for benefit continuation within 10 days of the notice of benefit termination or reduction. In the case that your Social Security disability appeal is unsuccessful you may be required to repay the benefits you received after the initial termination notice.

Contacting a Jacksonville Social Security Disability Lawyer

The Jacksonville Social Security disability lawyer team at Sullivan & Hepler understands that you have questions regarding your Social Security disability claim. We have your answers. Before you hire an attorney or file your claim, order this free consumer guide Cutting Through the Red Tape: Top Ten Things Florida Social Security Disability Applicants Should Know for more information about how to build a strong claim. Contact us today at 904-384-8808 or 1-800-295-4193.