Social Security Disability Lawyers

Serving Orlando, Kissimmee, and Central Florida

What to Do if Your Social Security Disability Claim is Denied

If your Social Security Disability claim in Orlando, Florida, is denied, that doesn’t mean you will never receive benefits. There are several courses of action you can take.

Appeal the Decision

The first step to take if your Social Security Disability claim is denied is to appeal the Social Security Administration to reconsider its decision by filing the appropriate paperwork. You have 60 days from the date of denial to file your appeal. It is important to take care of this step personally, even if you have hired representation.

It is essential for two reasons to make sure that you file your appeal within the 60 day deadline, because if you don’t you will not only lose your appeal rights, but you will have to begin the entire process of claiming your benefits over from the very beginning.

  1. Claimants who appeal their denied claims have a better chance of receiving benefits than first-time applicants.
  2. Starting over wastes time and will likely result in the same reasons for denial as your original application.

The important thing to remember is that time is of the essence, so file your appeal immediately.

Request a Hearing

If your subsequent appeal is denied, you have the right to request a hearing before an Administrative Law Judge. Since this hearing is similar to a court proceeding and you might be justifiably nervous about the whole thing, it is probably a good idea to hire a social security disability attorney such as David Best to represent you.

The hearing is an informal, court-like session in which the Administrative Law Judge, a secretary, and a vocational expert are usually present. You may attend the hearing by yourself or along with legal representation.

Appeals Council

If the Administrative Law Judge denied your claim you still have two options:

  1. Go to the next level of appeal which is the Appeals Council. At this point, you would absolutely want a disability representative such as an experienced Social Security Disability attorney to help you deal with this intimidating step.
  2. Start over completely and file a new claim.

Benefits of Hiring a Social Security Disability Attorney

  1. A Social Security Disability attorney is an expert on what type of evidence is necessary to prove your disability claim
  2. Errors in your claim application will be minimized because your attorney knows what to look for
  3. Every part in the claims process is handled in a professional manner, garnering you the respect you deserve
  4. You are less likely to have to wait in long lines just to speak to someone at the Social Security Administration office
  5. You are much more likely to win you claim if you have representation.

The most important thing to remember is not to give up. Most people give up to soon. You just need to be patient and realize that filing a claim is a long, complicated process.

If you have more questions about Social Security Disability, please see our Questions about Social Security Disability Claims page.