Filing and Winning a Social Security Disability Benefits Claim
Work with a leading New Port Richey Social Security lawyer to properly submit your application or appeal a rejection.
A disabling and permanent illness or injury qualified individuals to receive Social Security Disability cash and medical benefits. A disabling illness or injury prevents applicants from working at the occupation they had before their illness or injury and prevents them from working a different kind of job. A permanent disability is terminal or is expected to last at least a year.
Additionally, most SSDI claimants must have earned enough work credits to obtain these benefits. Exceptions apply to disabled children and in a few other cases.
The initial denial rate in SSD cases is very high. Frequently, a Disability Determination Services officer rejects the claim for technical reasons. Eliminating these technical errors significantly increases the chances that a DDS officer will at least consider your claim. If the DDS officer denies your claim, which is the most likely result, a New Port Richey Social Security lawyer appeals the matter and keeps fighting for you.
Necessary Documents
Filing an SSD claim is very easy nowadays. In most cases, the process only requires a few minutes and a few clicks.
Technology has changed the application process but not the legal requirements. Generally, a filing package must include:
- Social Security Number: The Social Security Administration portal usually doesn’t detect and reject improper Social Security numbers. Our New Port Richey Social Security lawyers handle many appeals involving transposed numbers and other such errors.
- Proof of Age: The DDS office never takes your word for it. Instead, this office requires proof of age, usually a birth certificate. A birth certificate transcript usually suffices, but different countries produce these transcripts in different ways.
- Medical Records: Benefits are available if an applicant has a Blue Book-listed condition or a substantially similar illness or injury. Submitted medical records should include medical records generated by doctors, counselors, caseworkers, and others involved in your care, as well as test results from blood and lab work.
- Work Records: Medical conditions are disabling if they preclude SGE (substantial gainful employment). SGE is a stimulating job that pays enough to lift the applicant and any dependents above the poverty line. Specific evidence includes a work history, including dates and a description of the type of work performed, along with a recent W-2 or federal tax return. You may also need to show proof of your spouse’s income, which can be considered when determining your eligibility for Social Security disability benefits.
These requirements are only the minimum qualifications. To obtain maximum benefits, an attorney must build on this foundation.
Claims Process
DDS officers have broad discretion to reject claims that meet the technical requirements and appear solid. Initial rejections often frustrate applicants, who then abandon their claims or settle them for a few pennies on the dollar.
In these situations, a New Port Richey Social Security lawyer advocates for victims, if necessary, until the matter reaches the Administrative Law Judge appeals stage.
An ALJ appeal resembles a private trial. Lawyers can make legal arguments, introduce evidence, and challenge evidence.
A neutral ALJ, as opposed to a Social Security-employed DDS officer who probably isn’t a lawyer, evaluates these appeals. Because the odds are even at this hearing, many disability claims settle out of court at this point. And they settle on victim-friendly terms.
Count on a Dedicated Pasco County Social Security Disability Lawyer
Injured workers have important legal and financial rights in Florida. For a free consultation with a Board Certified workers’ compensation lawyer in New Port Richey, contact the Rooth Law Firm. Virtual, home, and hospital visits are available.