Unfortunately, many individuals fail to receive the social security benefits they deserve. The Social Security Administration is immersed in complicated rules that make it difficult to navigate the process. That is why it is best to have a professional Boca Raton social security lawyer who knows the rules and has years of experience representing those who have issues with the massive organization and its vast litigation resources. Read on to learn more about how a professional injury attorney can fight for your rights today.
Qualifying for Social Security Benefits
To be eligible for monthly social security payments, an applicant must have paid into FICA (Federal Insurance Contributions Act) for a minimum of 10 years and be at least 62 years old. Family survivors, spouses, and children of the beneficiary are also eligible if the beneficiary dies. Spouses who have paid into FICA for the required time are eligible for retirement and dependent benefits, but cannot claim both.
They must claim whichever benefit that pays the most. Unmarried children younger than 18 are also eligible to receive payments, and the age limit raises to 19 if the child is a full time elementary or secondary school student. Individuals who are not U.S. citizens may claim benefits if they meet all eligibility requirements and fit into one of several categories. Reach out to a professional injury lawyer to learn more.
Often, parties other than the beneficiary will be involved in a social security dispute to further complicate a case. The employer, the spouse, an agent of the system, and others can be involved. Know that mistakes in the amounts of monthly payments do happen to some 60 million recipients because of computer errors or mistakes committed by social security employees. Beneficiaries also cause errors by not reporting life changes, such as the death of a spouse or reporting false earnings.
Beneficiaries who have issues with the Social Security Administration are entitled to appeal its decisions under administrative law. There are four levels of appeal. First is reconsideration. After a claim is denied, a beneficiary can submit the paper trail to support the appeal and petition the administration to reconsider the denial. If that fails, the beneficiary is entitled to the second appellant level, an administrative law hearing before a judge at which the claimant can present their case.
The third appeal is to the appeals council that will review the administrative judge’s ruling and decide whether or not to hear the case. The case is presented on paper, and the beneficiary is not provided oral arguments. The last appeal is to the Federal District Court of Appeals, which hears appeals from federal administrative agencies.
The path to reinstating a denied claim is an exact process requiring a Boca Raton social security lawyer who is well-versed in administrative law and the rules of the Social Security Administration. Claimants who try to have their denied claim approved face a daunting task without a weathered Boca Raton social security lawyer. If you are struggling to receive the benefits you deserve, reach out to a qualified Boca Raton Social Security lawyer today to schedule your initial consultation.