Social Security Disability Law

Serving Daytona, Deltona and Palm Coast

(updates 2/23/2017)

Social Security Disability benefits provide assistance to individuals with disabilities. If a disability keeps you from working, you may be entitled to receiving a form of these benefits.

Types of Social Security Benefits

There are two types of benefits offered through the Social Security Administration. The two types are:

  • Social security disability insurance - You (if disabled) are eligible and certain members of your family if you are \"insured.” Insurance requirements are met if you’ve worked long enough and paid social security taxes.
  • Supplemental security income -You (if disabled) are eligible if you have a financial need.

Social Security Application Process

Applying for Social Security Disability benefits can be a lengthy process.  It is highly recommended if you want to apply for benefits that you first speak to a social security disability lawyer who can assist in gathering all necessary documents necessary to submit with the application.  Moreover, an attorney can and should walk you through the process to prepare.

Initial Application

In order to begin the application process, the social security administration allows you to begin your application online. Or, you can schedule an appointment with your local social security office and apply in person.  Be sure to have the following documents (although other documents may be necessary) handy to initiate the application process:

  • Bank account information
  • Spouse/Children’s personal data
  • Medical Records and opinions
  • Employment history
  • Prescription list
  • Military information (if you have served in the military at any time)

Reconsideration

Many times initial applications are denied.  If your application is denied, you may appeal this denial by requesting that the administration reconsider your application for benefits.  This request must be submitted in writing within 60 days of receiving the initial denial.  An attorney in our office can and will help you have the best chances of being approved at this “Reconsideration” level.  

This process can be daunting, which is why we recommend you go through the process with skilled attorneys who have handled many of these types of cases. During the reconsideration process a claims representative will consider any new evidence you submit with your appeal.

Hearing

Many applicants are denied at the reconsideration as well.  If you are denied at this level, you may request a hearing before an administrative law judge.  An administrative law judge or ALJ will conduct an administrative hearing, where you can question witnesses and present evidence. The ALJ will then draft an opinion and award or deny benefits.

Appeals Council

If you are dissatisfied with the ALJ’s ruling, you are entitled to request an appeal, although the appeals council is not required to grant you another hearing.

Federal Court

The final stage in appealing an award for disability benefits is to file a federal court lawsuit in federal district court. If you or a family member has become disabled and is no longer able to help, the attorneys in our office are available to help every step of the way in applying for benefits. Contact us at (386) 777-7777 or fill out our online contact form below for a free case evaluation.

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