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The Social Security Disability Act is different from other government and private sector disability programs in how it defines beneficiaries more strictly. Title II of the act is limited to disabled individuals who contributed earnings to the social security trust fund, generally for a minimum of 10 years, and in certain circumstances their disabled spouses and children.
Dealing with the Social Security Administration’s social security disability insurance (SSDI) paperwork and denials can be intimidating when attempted alone. With the help of a professional Boca Raton SSDI lawyer with experience helping many individuals, the long road to receiving benefits can be much smoother. Read on to learn more about how a skilled injury attorney can potentially make a difference in your life today.
Federal law defines disability as not being able to carry out any substantial gainful activity because of physical or mental injury that can lead to death or that lasts for at least one year. In the event of death, the surviving spouse would be entitled to benefits. Disabled spouses who have contributed to social security must take either their own disability benefits or survivor benefits. Children younger than 18 are judged disabled if they have serious physical or mental limitations that can cause death or that continue for at least 12 months.
The son or daughter of a deceased social security beneficiary, if disabled prior to reaching age 22, may also be eligible for disability benefits. In addition, social security offers a program for low-income disabled claimants known as Supplementary Security Income (SSI) that serves individuals over ages 65 who are disabled or blind. This program is funded by the US Treasury’s general fund. Individuals with questions regarding their eligibility for disability benefits should reach out to a dedicated Boca Raton SSDI lawyer for more information.
Unfortunately, about 70% of original claims are denied for various reasons, even for minor errors in the required documents. Those who claim disability benefits must submit proof of their disability and be examined by medical and mental health providers chosen by the Social Security Administration to prove all of the criteria necessary for approval.
Examples of reasons that individuals could have their claim denied include incorrect paperwork, insufficient evidence of the medical or mental disability, the disability or its severity can be disputed by professionals, failing to be examined, the claimant’s income exceeds the legal limit, the claimant does not follow the necessary treatments, or they do not respond to inquiries. Those who wish to contest a claim’s denial should contact a weathered Boca Raton SSDI lawyer as soon as possible to determine the next steps towards potentially fighting that denial.
Claimants who are denied social security disability benefits have the right under administrative law to appeal the decision. Four avenues of appeal are available. The claimant may first ask that the denial decision be reconsidered. The petition can contain information and evidence that was not initially included. If reconsideration is denied, the claimant may ask for a hearing before an administrative law judge. Administrative law can be different from other legal settings in that the hearings are less formal than civil law.
If the administrative law judge’s decision is against the claimant, the claimant can ask the appeal council to review the case. The council may or may not decide to review it. The last option involves asking the Florida Federal District Court of Appeals to intervene.
While the procedure to receive social security benefits may seem lengthy and complicated, know that you do not have to face it alone. A compassionate Boca Raton SSDI lawyer can assist you throughout the application process to ensure that all necessary forms are fully completed by their respective deadlines. Those who try to navigate the Social Security Administration’s nuances are more likely to succeed with the advice and representation of a dedicated Boca Raton SSDI lawyer who knows the system and can guide you through it. Contact an experienced Boca Raton SSDI lawyer today to learn more about your best options for obtaining benefits.
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