The good news is that many are approved on appeal. Requesting reconsideration is the first step in the process. Our Orlando Social Security disability lawyer explains more about it and the information you will need to provide.

Four Steps In Filing A Social Security Disability Appeal

The Social Security Administration (SSA) provides benefits for people who are unable to work due to long-term disability. If you have a qualifying condition and have earned the required 40 work credits, you are entitled to file a claim. However, it is important to be aware that more than two-thirds are denied by the SSA.

The chances of actually getting benefits significantly increase once you file an appeal. There are four different steps, which the SSA refers to as ‘opportunities’ for getting the disability benefits you are entitled to:

1. Request a reconsideration: This is the first step in the appeals process. It basically involves requesting that the SSA reconsider its denial of your claim based on clarifications of important issues or additional evidence you submit.
2. Request a hearing before an administrative judge: If the SSA denies your request for reconsideration, you have the right to request a hearing when you can plead your case before an administrative judge.
3. Review of hearing decision: If the judge fails to rule in your favor and award benefits, you can have the decision reviewed by the SSA Appeals Council.
4. File a district court lawsuit: If your claim continues to be denied, you can file a lawsuit through the local district court.

Information To Provide When Requesting A Reconsideration

Getting a disability claim approved can be a lengthy process. The average wait time for processing an initial Social Security disability claim is six to eight months. If you receive notice of a denial, you have 60 days to file an appeal. Requesting a reconsideration is the first step.

As there are strict time limits, it is important to act quickly. Information you will need to provide:

• Form SSA-561, which is the Request for Reconsideration;
• A Reconsideration Disability Report;
• An Authorization to Disclose Information to the SSA form;
• Any additional medical records that are required to support your claim;
• A written letter stating your desire to file an appeal.

Your letter, medical records, and other information about your case should address the specific reasons your claim was denied, which should be explained in your denial letter.

To Get The Benefits You Are Entitled To, Contact Our Florida Long-Term Disability Lawyer

Unfortunately, Social Security disability denials are common. At Farrell Disability Law, we help clients get the maximum benefits they are entitled to. For trusted legal guidance throughout the appeals process, contact our Florida long-term disability lawyer and request a consultation in our Orlando or Jacksonville office today.

Sources:

ssa.gov/policy/docs/statcomps/di_asr/2020/sect04.html

ssa.gov/apply/appeal-decision-we-made

ssa.gov/apply/appeal-decision-we-made/request-reconsideration

Long-Term Disabilities Due To Age-Related Impacts

According to the Florida Department of Health, more than 3.5 million people in the state suffer from some type of disability. This averages to roughly one in three adults. Long-term disabilities become more common as you get older, often due to chronic underlying health conditions.

Anyone over 50 can attest to the impacts aging can have on your general health. You may find yourself getting tired more quickly, suffer from a variety of aches and pains, have limited mobility due to stiff joints, or experience other symptoms. When these get to the point that they prevent you from working or performing certain tasks on your job, long-term disability benefits may be available to help offset your lost income.

You may be entitled to these benefits either through employer-provided insurance policies or the Social Security Administration. Among the most common types of age-related conditions that result in long-term disabilities in Fort Lauderdale include;

• Arthritis;
• Asthma;
• Autoimmune diseases;
• Back and neck disorders;
• Diabetes;
• Epilepsy;
• Heart disease;
• Accidental injuries;
• Severe illnesses;
• Other chronic health conditions.

Get The Long-Term Disability Benefits You Deserve

Accidental injuries, chronic health conditions, and sudden severe illnesses can impact people at any age. However, the older you get, the more likely these are to result in long-term disabilities. Taking steps now to protect your health can help reduce the odds of being unable to work in the years to come. This includes eating a healthy diet, maintaining a reasonable weight, getting plenty of exercise, and visiting your doctor regularly.

When caught in the early stages, you may be able to prevent some age-related conditions from developing into long-term disabilities. However, to protect your rights now and in the event of future impairments, follow these tips:

• Stay on top of chronic conditions and take any medications required;
• Undergo routine medical screening tests;
• Keep copies of all medical records;
• If you have problems working, get a firm diagnosis from your doctor;
• Follow their recommendations regarding testing, treatment, and work restrictions;
• File a claim as soon as you become disabled.

Request A Consultation With Our Florida Long-Term Disability Lawyer

Age-related conditions can increase your risk of long-term disabilities in Florida. When these prevent you from working, you may be entitled to long-term disability benefits either through your employer or Social Security.

At Farrell Disability Law, we provide the caring support and comprehensive legal service you need in filing a claim. To protect yourself and your financial security, call or contact our Florida long-term disability lawyer online and request a consultation in our Orlando or Jacksonville office today.

Source:

floridahealth.gov/programs-and-services/people-with-disabilities/disability-and-health-program/DHP2021DataReport.pdf

ssa.gov/disability

Long-Term Disabilities Resulting From COVID-19

COVID-19 remains a concern for public health and safety officials. The Florida Department of Health conducts ongoing testing, documents cases, and offers resources for patients and people at high risk of suffering complications due to the illness.

Since the early days of the pandemic, people have recovered from COVID-19 only to suffer other troubling symptoms and health problems in the aftermath. They are known as long-haulers. According to the National Institutes of Health (NIH), long COVID is considered a disability in 2024 due to the many troubling and life-impacting symptoms it can cause:

• Excessive fatigue;
• Brain fog and confusion;
• Memory impairments;
• Muscle weakness;
• Joint pain;
• Chest pain and heart palpitations;
• Blood clots;
• Breathing disorders.

Long COVID can cause damage to the heart, lungs, and other important body organs and symptoms. It can also make you more likely to develop autoimmune diseases and neurological disorders and has become a common cause of long-term disabilities in Florida.

Protecting Your Rights To Long-Term Disability Benefits For Long COVID In 2024

Much has been learned about long COVID over the past several years. The NIH advises that even a relatively minor case of the infection can have impacts on your health for long after.

In 2024, long COVID is officially considered a disability under the Americans With Disabilities Act. When it prevents you from working, you may be entitled to long-term disability benefits, either through your employer or the Social Security Administration (SSA). However, getting these claims approved continues to be a challenge. To protect your rights to benefits, it is important to take the following steps:

• Keep a journal documenting your symptoms, when they started, and the impact they have on your life;
• Get medical care from a provider who is experienced in diagnosing and treating long-term COVID;
• Undergo any medical testing and treatment recommended;
• Keep copies of all medical records and any lost wages you suffer as a result of the condition.

Contact Our Florida Long-Term Disability Lawyer

Despite all we have learned about the coronavirus and the potentially debilitating impacts an infection can have on your long-term health, disability claims for long COVID continue to be denied in 2024. The good news is that many of these claims end up being approved on appeal.

If you are denied long-term disability benefits or encounter problems filing a claim, contact Farrell Disability Law. We have extensive experience in these cases and act as a strong legal on your side throughout the application and appeals process. Request a consultation with our Florida long-term disability lawyer in our Orlando or Jacksonville office today.

Sources:

floridahealthcovid19.gov/

hhs.gov/civil-rights/for-providers/civil-rights-covid19/guidance-long-covid-disability/index.html

ada.gov/

ssa.gov/disability/professionals/documents/EN-64-128.pdf

Underlying Issues For People With Long-Term Disabilities In Florida

According to the Florida Department of Health, close to four million people, or roughly one in three adults, suffer from some type of disability that affects their daily lives. Long-term disabilities are those that prevent you from working for a year or more. If this describes your situation, it is important to get help in dealing with special needs.

The Centers for Disease Control and Prevention (CDC) advises that people with long-term disabilities often have serious underlying issues that need to be addressed. These include:

• Obtaining safe, affordable, and accessible housing;
• Getting quality medical care and arranging transportation for doctor visits;
• Refilling expensive medications, maintaining the proper dosages, and managing side effects and the potential for addiction;
• Obtaining mental health services for issues common among people with long-term disabilities, such as depression and anxiety;
• Planning for assisted living or long-term care, which may be needed as your condition progresses.
• Obtaining the Social Security or other long-term disability insurance benefits you need.

Support For People With Long-Term Disabilities

If you suffer from a long-term disability, one of the first steps you need to take in caring for yourself is to review your rights to benefits. Long-term disability benefits may be available either through employer-provided group policies, private insurers, or through the Social Security Administration (SSA). These benefits can help in providing a steady income, allowing you to meet housing, food, medical care, and other expenses.

The Florida Agency for Persons with Disabilities advises making an action plan to address how you will meet your other needs and maintain your quality of life. This involves creating a support team, which may include the following:

• Your spouse, adult children, or other family members you live with;
• Close friends who may have offered their support;
• Legal representatives who can help protect your rights and work on your behalf in obtaining the maximum amount of benefits you are entitled to;
• Medical care team, to ensure your condition is being managed properly;
• Support groups or other services that provide counseling and encouragement in meeting the daily demands of living with a long-term disability.

Get The Help You Need From Our Florida Long-Term Disability Lawyer

Living with long-term disabilities is one of the most challenging situations you can face, but help and support are available. For trusted, local legal guidance in obtaining disability benefits, reach out to our Florida long-term disability lawyer at Farrell Disability Law. Call or contact our office online to request a confidential consultation in our Jacksonville or Orlando office today.

Sources:

floridahealth.gov/programs-and-services/people-with-disabilities/disability-and-health-program/DHP2021DataReport.pdf

cdc.gov/ncbddd/disabilityandhealth/relatedconditions.html

ssa.gov/benefits/disability/

Four Things To Be Aware Of When Filing A Florida Long-Term Disability Claim

Disability benefits available through the Social Security Administration (SSA) can help offset lost wages you suffer in the event an injury, illness, or chronic health condition prevents you from working for a year or longer. These benefits are often a lifeline, helping to ensure disabled people and their families are provided for. However, it is important to be aware of the following when completing your application:

1. Over two-thirds of all claims are denied.

The approval rate for first-time filers seeking Social Security disability benefits is dismal. According to the latest SSA reports, 67 percent of first-time claims are denied. The good news is that many are approved after filing an appeal.

2. You must have a qualifying condition or be otherwise unemployable given your medical conditions, age, education and work experience.

One of the most common reasons for disability benefit denials is not having a qualifying condition. Check to see if yours falls under the SSA listing of impairments and meets all other guidelines.

3. You must have earned the required work credits.

In order to obtain Social Security disability benefits, you must have the required 40 work credits. These are earned on the job and up to four per year. They stretch back through your career, but at least ten must have been from in the past 10 years.

4. You must provide medical documentation.

You must have a firm diagnosis from your doctor, explaining your condition and how it prevents you from working. You will also need copies of all test results and other medical records detailing any procedures, medications, physical therapy, or other treatments received. Keeping a disability journal that explains how your condition impacts other areas of your life is helpful as well.

Let Our Florida Social Security Disability Lawyer Help You Get The Benefits You Are Entitled To

Unfortunately, even if you have a qualifying condition and complete all other SSA requirements, disability benefits may be denied. Farrell Disability Law has decades of experience helping clients in these cases. We can review your application, reasons for the denial, and provide trusted, local legal representation in filing an appeal.

Keep in mind that if approved on appeal, benefits may be awarded on a retroactive basis from when you first applied. You have nothing to lose and everything to gain. To protect your financial security and that of your family, call or contact our Florida Social Security disability lawyer online and request a consultation in our Orlando or Jacksonville office today.

Sources:

ssa.gov/disability

ssa.gov/policy/docs/statcomps/di_asr/2020/sect04.html

ssa.gov/disability/professionals/bluebook/AdultListings.htm

Common Tactics Used By Insurers To Deny or Delay Your Long-Term Disability Benefits

According to the Bureau of Labor Statistics (BLS), nearly half of all workers are entitled to long-term disability benefits through group policies employers have in place. These may be included as part of your overall employee compensation and provide important protections in the event an illness, injury, or chronic health condition prevents you from working.

While you may be entitled to long-term disability benefits in Florida, getting your claim approved by insurers is often a complicated and time-consuming process. Keep in mind that as for-profit businesses, it is in the insurer’s financial interests to find reasons to either deny or downplay your claim. Tactics they often employ include:

• Disputing whether you are eligible for long-term disability insurance coverage;
• Disputing whether you have a covered condition;
• Downplaying your condition and disputing whether it leaves you disabled;
• Claiming you failed to file the appropriate paperwork or submit the required evidence.

Protecting Your Rights When Dealing With Long-Term Disability Insurers

As an employer-provided benefit, provisions for administering long-term disability benefits are covered under the Employee Retirement Income Security Act of 1974 (ERISA). As a federal law, ERISA does not mandate that your employer provide this insurance, but does protect your rights throughout the claims process and provides options in terms of filing an appeal. To protect yourself in dealing with insurers and their representatives, follow these steps:

• Obtain copies of all long-term disability policy documents, which you are entitled to upon request and free of charge under ERISA;
• Make sure your doctor provides a firm diagnosis of your condition and that it qualifies as a long-term disability;
• Keep copies of all medical records documenting your condition and the care you have received;
• Keep copies of all pay stubs showing lost wages and get detailed descriptions regarding job duties on your job.

Once you file your claim, respond to any communications from the insurer promptly. If they delay making a decision or dispute your rights to benefits, contact our Florida long-term disability lawyer.

Request A Consultation With Our Florida Long-Term Disability Lawyer Today

Long-term disability benefits provided by your employer help to protect your financial security if you are unable to work. However, insurers often engage in tactics that result in denied or delayed benefits. To protect your rights in a claim, get Farrell Disability Law on your side. Call or contact us online and request a consultation with our Florida long-term disability lawyer in our Orlando or Jacksonville office today.

Sources:

bls.gov/opub/ted/2020/short-term-and-long-term-disability-insurance-for-civilian-workers-in-2020.htm

dol.gov/general/topic/health-plans/erisa#:~:text=The%20Employee%20Retirement%20Income%20Security,for%20individuals%20in%20these%20plans.

What Is Ableism?

The use of the word ‘ableism’ is a trendy new term relevant to people who suffer long-term disabilities in Florida. Healthline defines ableism as any type of bias, prejudice, or attitude of discrimination directed at people who suffer disabilities.

Ableism can show up in how people talk to you and their general attitude. Examples of ableism that often impact people with long-term disabilities include:

• Having your condition and your symptoms doubted or downplayed by your doctor;
• Having to jump through hoops to get needed medical care;
• Being refused reasonable accommodations on your job;
• Facing doubts from family or friends about your condition and the severity of your disabilities.

Unfortunately, ableism can also arise when applying for long-term disability benefits. Claims administrators and others you deal with may make unreasonable demands, require excessive documentation, or otherwise make it harder to get the benefits you are otherwise entitled to.

Protecting Yourself Against Ableism When You Suffering Long-Term Disabilities

Ableism has nothing to do with being overly sensitive or wanting special treatment as a result of long-term disabilities. It does involve defending your rights and making sure you get the level of care and services you are otherwise entitled to.

The National Institutes of Health (NIH) warns that ableism is a common problem in the medical community that compromises the quality of care people with long-term disabilities receive. It also rears its head when applying for long-term disability benefits in Florida. These may be available through your employer or the Social Security Administration (SSA).

The goal should be to ensure that people who need these benefits get them in the quickest and easiest manner possible. Unfortunately, the process for filing a claim is lengthy and complex, and many applications are denied or delayed. To protect yourself, follow these steps:

• Be aware of your rights when it comes to long-term disability benefits by reviewing eligibility guidelines through your employer or the SSA;
• Request reasonable accommodations at places you go and document if your request is refused;
• Avoid ableist self-talk and remember: you matter and would perform certain types of work or engage in certain activities if you did not suffer a long-term disability.

Contact Our Florida Long-Term Disability Lawyer And Request A Consultation Today

Farrell Disability Law acts as a strong legal advocate on the side of those with long-term disabilities in Florida. We provide the caring support and comprehensive legal service you need to get the benefits you are entitled to. Call or contact us online and request a consultation in our Orlando or Jacksonville office today.

Sources:

healthline.com/health/what-is-ableism

ncbi.nlm.nih.gov/pmc/articles/PMC9072618/

ssa.gov/disability

What Is A Stroke?

According to the Centers for Disease Control and Prevention (CDC), strokes are a leading cause of long-term disability in the United States. They impact close to 800,000 people each year and are responsible for one out of every six deaths.

A stroke happens due to blocked blood flow in the brain. The CDC states that this can cause parts of the brain to get seriously damaged or even die. This can impact the victim’s ability to talk while causing a host of physical, cognitive, and emotional impairments. There are three types of strokes that can cause long-term disabilities in Florida:

1. Ischemic stroke: This is the most common type of stroke and happens when blood clots or other particles, such as fatty deposits of plaque due to heart disease, block blood vessels in the brain.
2. Hemorrhagic stroke: This is less common and happens when an artery in the brain ruptures or leaks, damaging the surrounding brain cells. High blood pressure and aneurysms are common causes of hemorrhagic strokes.
3. Transient ischemic attack (TIA): Often referred to as mini-strokes, these serve as warning signs that a major stroke is in your future and warrant immediate medical care.

Warning Signs Of Stroke And Your Rights To Long-Term Disability

The American Stroke Association advises anyone with high blood pressure or other symptoms of heart disease to be aware of the risks regarding strokes. The acronym F.A.S.T. is a good way to remember the serious warning signs:

• Face-drooping, in which the person’s smile or other features appear different and uneven;
• Arm weakness, which typically impacts one side and causes numbness or difficulty lifting the affected limb;
• Speech difficulty, such as slurred words or being unable to talk;
• The ‘T’ stands for ‘Time to Call Emergency’, as every minute counts in getting stroke victims the medical care they need.

If you suffer any type of stroke or have underlying health issues that put you at high risk, you may be entitled to long-term disability benefits in Florida. These are often available either through your job or by filing a claim for Social Security disability insurance (SSDI).

Our Florida Long-Term Disability Lawyer Is Here To Help

At Farrell Disability Law, we help people who are at risk or have suffered a stroke get the disability benefits they are entitled to. For caring support and comprehensive legal service in filing a claim, call or contact us online and request a consultation with our Florida long-term disability lawyer in our Orlando or Jacksonville office today.

Sources:

cdc.gov/stroke/facts.htm

stroke.org/en/about-stroke/stroke-symptoms

ssa.gov/disability/index.htm

Medical Issues Impacting Your Eligibility For Long-Term Disability Benefits in Florida

According to the Centers for Disease Control and Prevention (CDC), close to five million people in Florida suffer from some type of disability. When this prevents you from working, you may be entitled to benefits through employer-provided long-term disability insurance policies.

Unfortunately, despite the high cost of premiums, insurers are notorious for denying and disputing disability claims. In addition to disputes over coverage and the length of time the policy has been in effect, the most common issues impacting eligibility concern the circumstances surrounding medical conditions. According to a recent Policy Genius report, the following are five of the most commonly cited problems:

1. You have a pre-existing condition: Common pre-existing conditions include asthma, cancer, heart disease, and autoimmune disorders.
2. You have an undiagnosed medical condition: Some potentially debilitating conditions can take years to thoroughly diagnose.
3. You have not undergone recommended testing or treatment: Failure to follow your doctor’s recommendations regarding medical treatment or testing could result in denied claims.
4. You have pending procedures: If you have an upcoming surgery or other medical procedure, the insurer is likely to delay approval of long-term disability benefits until it is completed and you have time to recover.
5. You have other health concerns that aggravate your condition: Unfortunately, smoking, overindulging in alcohol, eating disorders, and being under or overweight could impact eligibility for disability payments.

Protecting Your Rights To Florida Disability Benefits

Long-term disability benefits in Florida can provide the lifeline you and your family need if you are unable to work. While getting a denial can be devastating, be aware of your rights in filing an appeal. If long-term disability insurance is provided by your employer, complex federal laws apply.

Under the Employee Retirement Income Security Act (ERISA), you have the right to dispute decisions made by the insurer concerning your benefits. You also have a right to copies of all policy-related documents, free of charge and at your request. To protect yourself and get the benefits you need and are entitled to, take these steps:

• Review terms of coverage carefully, paying close attention to covered conditions and exclusions;
• Keep copies of all correspondence received from the insurer;
• Gather all medical records, including those you may have missed when first applying for benefits;
• Keep a journal detailing all the impacts your condition has on your life.

Contact Our Florida Long-Term Disability Lawyer

If you have been denied benefits, reach out to Farrell Disability Law. We provide the trusted legal guidance you need in filing an appeal. Call or contact our Florida long-term disability lawyer online and request a consultation in our Orlando or Jacksonville office today.

Sources:

cdc.gov/ncbddd/disabilityandhealth/impacts/florida.html

policygenius.com/disability-insurance/surprising-reasons-for-disability-insurance-decline/

Medical reviewers will scrutinize these records, in order to determine whether you have a qualifying condition and are otherwise eligible. Our Jacksonville long-term disability lawyer explains more about this process and how it could impact your rights to disability payments.

Medical Reviews In Disability Claims

If you are one of the estimated five million that the Centers for Disease Control and Prevention (CDC) reports suffer from some type of disability in Florida, it is important to be aware of your rights to benefits. You may be entitled to long-term disability benefits through insurance policies your employer has in place, or through the Social Security Administration (SSA). In applying for these benefits, you will need to take the following steps:

• File a claim, either through the insurance company or the SSA;
• Provide details about your disability and how it impacts you at home and on the job;
• Provide medical records, including physician’s reports, diagnostic test results, and other documents detailing your condition;
• Submit to all insurance or SSA processes and provide additional information as needed.

As part of the claims approval process, your medical records will be carefully looked over by a team of medical reviewers. Their job is to ensure you have a qualifying health condition and are otherwise entitled to receive long-term disability payments.

Problems In the Medical Reviews Process

Unfortunately, getting through the medical review process is often the most aggravating and time-consuming part of filing a long-term disability claim. Problems that often arise include:

• Delays in processing: Issues concerning the medical review process that have nothing to do with your specific claim, such as short staffing and overwhelming case counts, can result in lengthy delays.
• Excessive requests for information: There are laws in place that prevent medical reviewers from requesting excessive amounts of documentation or requiring you to submit medical records numerous times.
• Disputes over your condition: Medical reviewers may point to certain evidence, or a lack thereof, to dispute whether you have a qualifying condition and can be considered disabled.

During the medical review process, it is important to remain in regular contact with the insurance company or the Social Security Administration, whichever you are dealing with. Failure to respond to communications on their part or failing to provide requested documentation will result in denial of your claim.

Enlist The Help Of Our Florida Long-Term Disability Lawyer

Medical reviewers can stand in the way of getting the long-term disability benefits you deserve. To avoid problems throughout the claims approval process, enlist the help of our Florida long-term disability lawyer. Call or contact Farrell Disability Law online today and request a consultation in our Orlando or Jacksonville office.

Sources:

cdc.gov/ncbddd/disabilityandhealth/impacts/florida.html

ssa.gov/benefits/disability/