Aside from the physical and emotional conditions that prevent you from working, there is also a financial reality that can make an already bad situation even worse. The process of obtaining Social Security Disability Benefits can be confusing, time consuming and complicated, especially for one who is recovering from a traumatic event and adjusting to a life that has been irrevocably changed. At Cavey and Barrett we can help determine what benefits you are eligible for and whether you are likely to be considered "disabled" under the Social Security Rules and Regulations. We also complete all of the necessary paperwork, contact your medical providers and secure individualized reports that address your functional limitations and disabilities. If necessary, we arrange for additional medical examinations or vocational evaluations. Finally, we will file appeals on your behalf including a request for a hearing before an Administrative Law Judge if necessary and will prepare your case and represent you at your hearing. We offer a must read free informational book " Your Rights to Social Security Disability Benefits"

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Social Security Disability (SSD)

Florida Social Security Disability Lawyer

Social Security is meant to act as a safety net for Americans. The one thought that occurs to most of us is that our Social Security payments are supposed to be there for us when we get old. While that’s correct, Social Security is also meant to be there in the event that we get injured or disabled and find ourselves unable to work.

This is an important aspect of Social Security that many of us don’t think about, and why would we? No one plans to get injured or disabled. No one expects to have a lifelong disability.

The process of obtaining Social Security Disability Benefits can be time consuming and complicated. However, Sharon Barrett, a former Social Secuity staff attorney, can help determine what benefits you are eligible for and whether you are likely to be considered "disabled" under Social Security Rules and Regulations. Contact our Social Security Disability Law Firm for a copy of our  free no obligation book "Your Rights to Social Security Disability Benefits". This informative book will explain the disability claims process in detail and reading it will not be a waste of your time!

Social Security Disability Process

The Social Security Administration offers disability benefits (called Social Security Disability Insurance) for those that were severely injured or unable to work. The spouse and children of the injured are also eligible to receive financial aid.

The Social Security Administration  (SSA)does not make it easy to get benefits. The SSA can be very strict and sometimes very short-sighted when it comes to issuing payments. Approximately seventy percent of applicants are denied on their first application.

The process of applying for benefits can be very long and very difficult, and isn’t something that a person adjusting to a disability should have to go through alone. Statistics show that Social Secuirty Disability applicants who have an experienced Social Security  lawyer have greater success in obtaining benefits. At Cavey and Barrett, your St. Petersburg , Florida Social Security lawyer, we help you through all phases of the Social Security Disability Claims Process.

The Disability Claims Process: What You Should Know

An applicant for Social Security Disability Insurance has five chances to get his or her claim approved. Having an experienced attorney could help you get approved sooner, which would help you get the money that you will need.

Stage One - Initial Application

In order to receive Social Security benefits, you must first apply. Begin by calling the Social Security Administration(SSA) at                1-800-772-1213       . Once you contact Social Security, you have established a protective filing date for your application for benefits. You will then be scheduled for an interview with a claims representative at a local Social Security office. If you are unable to go to your local Social Security office, you can have a telephone interview.  Alternatively, Cavey and Barrett can help you with your initial disability claims application to the Social Security Administration (SSA).

When you apply for benefits, you should advise Social Security about every health problem that is preventing you from working. You should also tell Social Security about every doctor, therapist, clinic and hospital you have been to for treatment. Make certain that you ask for copies of your disability report, vocational report and any other forms completed by Social Security at the time of your application for benefits. A claims examiner at Social Security will make an initial determination as to whether or not you qualify for benefits and the State Disability Determination Section will make a medical decision on your case. You will be sent a written decision in approximately 90 to 120 days following your application. If you do not hear from Social Security within this time frame it is a good idea to call and check on the status of your claim.

 

Stage Two - Reconsideration

If your initial application is denied, you should receive a written notice from Social Security. This notice states why Social Security denied your claim. In Sharon's experience, a large number of valid claims are improperly denied Social Security disability benefits at this stage. To continue your claim, you must file paperwork asking for “reconsideration” of your case within 60 days after receiving the written notice of denial. You should advise Social Security about any evidence that might benefit you. Do not be surprised or discouraged if your claim is denied at reconsideration - very few claims are granted at this level.

Sharon Barrett, a St. Petersburg, Florida Social Security Disability Lawyer, can help you  prepare and file a Request for Reconsideration and help develop the necesary evidience to be submitted to the Social Security Administration (SSA).

In some circumstances, your case will be referred to an adjudication officer (AO) at the state agency. This AO will summarize the evidence in your case prior to sending your file to the Judge for hearing. In some cases, Cavey and Barrett can work with the adjudication officer to get your claim allowed. Otherwise, your case will proceed to hearing. This “AO Program” is a pilot program and is only available in a limited number of claims at the discretion of Social Security.

Stage Three - Hearing

If you receive a notice of denial of your request for Reconsideration, you must file a request for a hearing within 60 days. Since your hearing is your best opportunity to win benefits, and because you will be appearing before a judge, it is wise to have Sharon Barrett, a former Social Security staff attorney, working on your case. Social Security’s own statistics show that claimants who have lawyers win more often than claimants who go to hearings alone.  

Stage Four - Appeals Council

If you lost at the hearing level, you can appeal to the "Appeals Council" and ultimately to Federal Court. The Appeals Council accepts new material evidence and written arguments in support of an appeal. You must file your request for review within 60 days of your receipt of the hearing denial notice. The Council will only reverse or remand a hearing decision for a limited number of reasons. An experienced attorney will know how to argue on your behalf before the Appeals Council..  

Stage Five - Federal Court

Even if you lose all of your administrative appeals, an attorney can still represent you in an appeal to the federal district court. Again, this appeal must be filed within 60 days of your receipt of the Appeals Council denial notice. Unlike the previous stages of appeal, an appeal to the Federal District Court is an adversarial proceeding and a United States Attorney will defend the Social Security Administration and their decision in court. Like the Appeals Council, a District Court Judge will only reverse or remand a hearing decision for a limited number of reasons. An experienced attorney will know how to argue a case in District Court, but very few cases are reversed or remanded at this level of appeal.

You can also file a new application for benefits. However, filing a new application is not the same thing as appealing a denial, and you could lose benefits by not appealing a denial. In some instances, failure to appeal a denial can even result in your becoming ineligible to receive further benefits.

Don't Give Up! Get Assistance from Cavey and Barrett

Bridging the Gap for Floridians

If you have any questions or have been denied Social Security Disability benefits, we will  review your case and denial letter at no charge and suggest an appropriate course of action. Contact our Florida Social Secuity Disability law office for your free initial phone consultation of your case today by calling               (727) 894-3188       . 

It is important to think of the Social Security Disability Insurance application process not as an application, but rather as a trial. You will be required to prove the extent of your injuries, and you will be required to show exactly why these injuries are keeping you from working.

Just as you wouldn’t think of going to trial without an attorney, you shouldn’t consider attempting the Social Security Disability Insurance application without legal counsel. If you are suffering from a disability and can’t return to work, there is a great deal at stake in getting your application approved.

Cavey and Barrett, your Tampa Social Security lawyers, are some of the foremost experts on Social Security law in Florida. We know exactly what it takes to get a disability claim approved, and we take pride in helping you get through the process successfully.

If you or a loved one is attempting to get through the Social Security Disability Insurance application process, contact our offices for a free legal assessment today.         

With offices in St. Petersburg, Florida, the Law Offices of Cavey and Barrett serves clients throughout the Tampa Bay area, including St. Petersburg, Pinellas Park, Clearwater, Dunedin, Palm Harbor, Tampa, Brandon, Bradenton and Sarasota. The firm serves clients in Pinellas County, Hillsbrough County, Pasco County, Manatee County and Sarasota County, Florida. 

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