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Denied Social Security disability: Appeal or litigate?

When anyone in Florida suffers an illness or injury that is debilitating, returning to work might be impossible. At this time, Social Security Disability Insurance benefits might be the victim's only means of income. However, many claims for benefits are denied at first. Although it is possible to appeal, the process is complicated and a challenge to navigate without help.

When a claim is denied initially, it is usually appropriate to file an appeal. If the benefits are provided through an employer, a strict administrative appeals process must be followed under federal law. If it is a private fund, the terms of the policy will determine the steps to take for an appeal. In employer-provided Social Security -- and some private funds -- the appeals process must be navigated before a lawsuit can be filed.

Filing an appeal will allow the injured worker to present additional medical and other reports with respect to the application for benefits, while a judge in a litigated proceeding will base a decision only on information contained in the file. It is crucial to be aware of all the requirements and the strict deadlines for the preparation and filing of an appeal. Any errors at this time might bring about a denied appeal, and might even prevent the filing of a lawsuit.

The process to secure Social Security Disability Insurance benefits could be a road full of stumbling blocks. For this reason, many applicants in Florida choose to seek the support and guidance of an experienced disability attorney. A lawyer can explain the person's rights and make sure all the requirements and deadlines are met.

Source: FindLaw, "Disability Insurers and the Claim Process", Accessed on May 12, 2018

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The Law Offices of Cameron D Simpson, P.A.
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