Denied SSI Benefits?You Have Options
Serving Jacksonville, Jacksonville Beach and clients throughout Florida
When applying for SSDI or SSI, most people assume that if they are injured and truly disabled, they will automatically qualify. Unfortunately, it isn’t that simple – and people who are qualified are denied frequently in the state of Florida.
As one of the hardest states to win SSDI benefits, denial is almost expected for most applicants. But, denial doesn’t mean you are out of options; it just means you need to fight back harder to get the benefits you deserve.
The Denial Notice
If your claim is denied, you will receive an official denial notice in the mail. This notice will contain:
- A brief description of the medical condition you used, and any impairments that were considered.
- The medical and non-medical records reviewed.
- An explanation of the denial.
- A technical rationale.
The “technical rationale” is the message from the social security office explaining the denial. This includes a full explanation of the medical issues that you have reported that led to your denial as well as a discussion of your residual functional capacity or RFC. This states you are still able to work regardless of a medical condition.
Common Reasons for SSDI Denials
There are a variety of reasons your claim could be denied. The most common include:
- You earn too much income to qualify. While you can work part-time and receive SSDI, you have a maximum earning capacity per month. Even if you earn $1.00 over, you will be disqualified.
- Your disability isn’t severe enough or will not last longer than the required minimum of 12 months.
- You provided inaccurate information; therefore, the SSA cannot verify your identity.
- You didn’t include valid medical records proving the condition or illness.
- You didn’t cooperate with requests for additional paperwork from the SSA.
- You refused to follow the treatment provided by your physician and did not follow medical orders.
- Your disability was due to drug or alcohol use and if you were to quit, your disability would resolve itself.
- You are a convicted criminal.
- You committed fraud or have been convicted of fraudulent acts.
What You Can Do If Your Social Security Disability Case Was Denied
Just because your SSD case is denied doesn’t mean you aren’t disabled and it doesn’t mean you won’t qualify for benefits, but it does mean you have to act fast to rectify the situation.
Always Appeal Your Denial
No matter what, you should appeal a denial. While the review process is not as successful in Florida, it is your first line of defense against unfair denials. Surprisingly, most social security disability claims that are denied are never appealed, but you have the right to do so. However, it’s important to appeal quickly. If you miss the deadline, then you will have to start with a new claim.
Do You Need to Hire an Attorney for Your Denied SSI Benefits Jacksonville?
Statistically, Florida SSDI claims are denied during their initial review. During reconsideration, a high number is still denied. This can happen with or without an attorney, though a higher percentage is approved with an attorney than without. Because SSDI claims are so complex, it is best that you hire an attorney for your denial. Just some of the ways an attorney can help include:
- Representing you during your hearing in front of an administrative law judge
- Developing your case for disability and gathering medical and other evidence to prove you are eligible for SSDI benefits
- Increasing the odds you will win your case
- Winning you more back pay for the time you had to wait to receive benefits
- Ensuring faster processing of your claims
Contact the SSI Experts at Hardesty, Tyde & Ashton, P. A. Today
If your social security disability insurance request was denied, you still have options. Do not give up!
Contact the attorneys at Hardesty, Tyde & Ashton, P. A. today. We understand how frustrating a denial can be, but just because you were denied does not mean you aren’t entitled to SSDI.
Call us now at 904-330-1835 to schedule a free consultation with one of our SSDI experts.
What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)