People who have physical or mental disabilities may be eligible for disability benefits from the U.S. Social Security Administration, but these claims for social security disability insurance (SSDI) can be denied under certain circumstances. One may want to consider a Boynton Beach SSDI lawyer for assistance.
Contacting the experienced and compassionate Boynton Beach social security lawyers at Kogan & DiSalvo can help those who have been denied their benefits.
What Are Types of Disability Insurance?
The system allows four broad types of disability claims:
- SSDI for people who cannot work because of a medical condition that will prevent working for a year or longer. Partial and temporary disabilities are not covered
- Supplemental security income (SSI) is paid to people who have low incomes, are blind or disabled, and are 65 years or older
- Benefits for the widows and widowers of deceased social security beneficiaries
- Disabled adult children of beneficiaries who were disabled prior to reaching 22 years old
To receive SSDI payments social security beneficiaries must prove that they are, in fact, disabled and that they have paid into social security for the required amount of time, which is generally a minimum of 10 years.
Those applying for SSI benefits only need to prove they have limited financial resources and low incomes.
The amount of SSDI payments are based on the applicant’s earnings and SSI is based on the individual’s needs. An experienced Boynton Beach SSDI lawyer would have knowledge surrounding these eligibilities.
Challenges to SSDI Claims
The Social Security Administration requires proof for all elements of a claim, medical and non-medical, so claimants must be prepared to support their contentions and file error free paperwork.
Denials occur for various reasons, such as insufficient medical evidence, too high-income level, missing application information, failing to attend a consultative exam, or the system’s physicians and mental health providers may dispute a disability itself or how long it will last. The main reasons for denial are that the application does not have enough evidence, the applicant’s income level is too high, the applicant was not following prescribed treatment or was not taking the necessary medical exams.
Sometimes it may be better to start with a new and thoroughly prepared application. A Boynton Beach SSDI lawyer can help review a denial, as well.
If an application is denied, a system of four administrative law appeal levels is in place. Administrative law has far different statutes and procedures than civil law. The applicant may petition for the agency to reconsider its denial and provide evidence to support a reconsideration. Failing that the appeal moves to a hearing before an administrative judge.
The judge’s ruling can be appealed at an appeal council, which can decide to hear the case or not. Lastly, the appeal is with the Florida Federal District Court of Appeals.
Contact Our Boynton Beach SSDI Lawyers Today
The Social Security Administration is an enormous organization with a body of intricate rules that can be difficult for the uninitiated to comprehend. Legal representation will ensure all the paperwork, which can be extensive, is properly completed to help avoid a denial. If the case goes to court, an attorney can ensure that you will be well prepared with evidence.
Our Boynton Beach SSDI lawyers at Kogan & DiSalvo could provide a no-cost consultation to help you apply for benefits, review denials, and determine if the rejection can be rectified. Call us today to schedule a free initial case consultation.