Social Security Disability Insurance Protecting The Rights Of Employees Statewide

Miami Social Security Disability Lawyers

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You have worked hard all your life. Now you face a physical injury or mental disability that keeps you from working. You still have bills to pay, but your condition prevents you from working. What are your options for obtaining assistance?

You may choose to apply to the United States Social Security Administration (SSA) for Social Security disability insurance benefits. If you make that decision, the law firm of Touby, Chait & Sicking is ready to help. Backed by more than 100 years of combined legal experience, our award-winning Miami social security disability lawyers can maximize your chances of securing the benefits you need.

Dial (305) 363-6400 today to find out how our team can assist you.

Qualifying For Social Security Disability Benefits

Federal law allows you to receive benefits if you can show that you have worked but now have a disability that prevents you from substantial gainful employment. You may receive benefits as long as you remain disabled.

If you apply for Social Security disability benefits, your application may be denied. The decision for granting benefits is made by an SSA employee who determines whether or not you qualify, then examines your medical records and interprets how Social Security regulations apply to your specific circumstances.

Answering The SSA's Questions

The SSA examines your application to find the answers to five questions:

  • Are you currently working?
  • Is your condition severe?
  • Is your condition found in the list of disabling impairments?
  • Can you do the work you did previously?
  • Can you do any other type of work?

If you are denied, you may enter a long and complicated process of appeals.

How Do SSD Appeals Work?

Most social security disability applications are initially denied. While an initial claim denial is not always the final decision, you will be forced to go through the appeals process to attempt to change the SSA’s ruling. You generally have 60 days after you receive a notice of denial to request an appeal. This process can be complex, intimidating, and difficult to navigate without the assistance of a trained attorney. An attorney can help you understand your legal options and choose the most appropriate course of action.

Appealing a denied social security disability claim typically involves the following steps:

  • Reconsideration: If your claim was denied for medical reasons, you may request an appeal online. Your claim will then be reconsidered by a person who did not take part in your claim’s initial denial along with any new evidence you submit. You may also request a reconsideration online for denials related to income, resources, overpayments, or other non-medical reasons.
  • Hearing by an administrative law judge: If your claim is denied again upon reconsideration, you may then request a hearing before an administrative law judge (ALJ) within 60 days. An ALJ is an attorney who works for the SSA who works to uphold or overturn disability denials or terminations. It is estimated that roughly half of appeals are approved at this level.
  • Review by the Appeals Council: If an ALJ does not approve your appeal, you may request to have your case be reviewed by the Appeals Council. The Appeals Council randomly selects cases for review and may dismiss cases without review unless it finds an abuse of discretion, an error of law, a lack of evidence to support the ALJ decision, or broad policy or procedural issues. If your case is reviewed, the Appeals Council may either make a decision or return it to an ALJ for further review. Only a small fraction of appeals that reach this stage are approved.
  • Federal Court review: If your claim is still denied, or if the Appeals Council does not review your case, you may file a civil lawsuit in district court. This is only applicable in rare cases and is generally seen as a last resort.

Finding Experienced Legal Help

A law firm that has knowledge and experience with the Social Security disability process can be a valuable legal asset in this situation. At Touby, Chait & Sicking, we have been helping clients obtain Social Security benefits for many years. We'll meet with you prior to an appeal hearing to review your case and prepare for your hearing date. Our Miami SSD attorneys know the process and we know how to put our experience to work for our clients.

Call (305) 363-6400 or fill out an online form today to learn more about the social security benefits to which you may be entitled. You have nothing to lose: the consultation is free and we don't get paid for our cases until we recover benefits for you!

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