Massey & Duffy’s Social Security Disability lawyers will fight hard to help you obtain the benefits you deserve.
If you have been wrongfully denied Social Security benefits, we can help. As you may know, there are four levels of Social Security appeals. They are:
a) Reconsideration;
b) Hearing by an administrative law judge;
c) Review by the Appeals Council; and
d)) Federal Court review.
The Social Security Administration is supposed to send you a letter about their decision on your claim, and tell you how to appeal the decision. The appeals process can be daunting, and this is how we can help.
Considerations Regarding Your Benefits Claim
Often, the medical evidence you have will disagree with the Appeals Council’s decision. This is because the government’s five step process and the strict application thereof often has unfair results. The five considerations are:
1. Are you working?
If you are working and your earnings average more than a certain
amount each month, the US Government generally will not consider you disabled. If
you are not working, or your monthly earnings average the current amount or less,
the state agency then looks at your medical condition.
2. Is your medical condition “severe”?
Your medical condition must significantly limit
your ability to do basic work activities—such as walking, sitting and remembering—for
at least one year.
3. Is your medical condition on the List of Impairments?
The Government has a List
of Impairments that describes medical conditions that are considered so severe that
they automatically mean that you are disabled as defined by law. If your condition
(or combination of medical conditions) is not on this list, the Government looks
to see if your condition is as severe as a condition that is on the list. If the
severity of your medical condition meets or equals that of a listed impairment, the
Government will decide that you are disabled. If it does not, the state agency goes
on to step four.
4. Can you do the work you did before?
At this step, the Government decides if your
medical condition prevents you from being able to do the work you did before. If
it does not, the Government will decide that you are not disabled. If it does, the
state agency goes on to step five.
5. Can you do any other type of work?
If you cannot do the work you did in the past,
the Government looks to see if you would be able to do other work. It evaluates your
medical condition, your age, education, past work experience and any skills you may
have that could be used to do other work. If you cannot do other work, the Government
will decide that you are disabled. If you can do other work, the Government will
decide that you are not disabled.
Sometimes, the Appeals Council even decides not to review your case. In this and other cases, you may file a lawsuit in a federal district court.
Call our Florida lawyers today to assist you with your claim involving Social Security Disability Benefits.
Our law firm regularly handles appeals, and regularly handles matters in federal court. Please contact our Florida law firm immediately if you feel as though you have a claim relating to Social Security Disability benefits. We will advise you on the best legal course of action.
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