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

Function reports play an important role in the benefits determination process. Our Orlando Social Security disability lawyer explains how these reports impact your claim and offers tips to help fill this form out properly.

The Role Of Function Reports In Social Security Disability Claims

Social Security disability insurance (SSDI) provides benefits that can help offset lost income in the event an injury, illness, or chronic condition prevents you from working for a year or longer. You may be entitled to these benefits, provided you have a qualifying condition and have earned the required work credits. However, reports from the Social Security Administration reveal that only a third of all applications are approved on the first try.

In determining whether to deny or approve claims, function reports play an important role. This is a 10-page questionnaire you are required to fill out in order to obtain benefits. The information it provides includes:

• The disabling condition you suffer from;
• Specific symptoms it causes;
• How your condition impacts your abilities on the job;
• How it impacts other activities of daily living (ADL);
• Any medical testing and treatment you have undergone;
• Current medications and any medical devices you use, such as a cane or wheelchair;
• When you became unable to work;
• Information about assets and other sources of income;
• Information about members of your household and whether you are responsible for their care.

Tips For Filling Out SSDI Function Reports

Your answers to questions on the SSDI Function Report will directly impact whether your disability claim is approved or not. To improve your chances of success, our Orlando long-term disability lawyer offers these tips:

• Allow plenty of time to complete the form;
• Be sure and answer all questions;
• Be truthful in your responses;
• Do not downplay your symptoms, but do not exaggerate them either;
• File out question 20 first, which deals directly with the impacts of your condition;
• Consider your response when answering other questions and take care not to contradict yourself;
• Do not provide information about other conditions or symptoms not directly related to your disability;
• Write clearly and be thorough yet concise in answering questions;
• Use the “Remarks” section on page ten if you run out of space, and use the corresponding number for your responses.

Reach Out To Our Florida Social Security Disability Lawyer 

Do not take chances when it comes to your long-term disability benefits. At Farrell Disability Law, we can assist you in filling out function reports properly and providing other required documents needed to approve your claim. Reach out and contact our Florida long-term disability lawyer to request a consultation in our Orlando or Jacksonville office today.

Sources:

ssa.gov/policy/docs/statcomps/di_asr/2018/sect04.html#chart11

ssa.gov/forms/ssa-3373-bk.pdf

Symptoms of Hearing Loss That May Cause Long-Term Disabilities

According to statistics from the Centers for Disease Control and Prevention (CDC), more than 50 million workers are exposed to conditions that can cause or contribute to hearing loss on the job. Loud noises and certain types of hazardous chemicals may cause damage to the ear canal, resulting in permanent impairments.

In addition to occupational causes, hearing loss can occur due to hereditary diseases, chronic health conditions, accidental injuries, routine exposure to loud noise in your personal life, or as a natural result of the aging process. Long before your hearing loss causes permanent long-term disability, you may suffer the following symptoms:

• Pain and cracking in the ears;
• Tinnitus, or hearing a ringing noise;
• Sensitivity to loud noises;
• Having to strain to hear what people say;
• Needing stereos, televisions, or any listening device turned to the highest volume.

Hearing Loss And Your Rights To Social Security Disability Benefits

You may be entitled to benefits through the Social Security Administration (SSA) if you suffer hearing loss that prevents you from working for a year or longer. Your doctor will need to make a firm diagnosis, which often involves doing air and bone conduction tests, which measure vibrations in the air.

Under the SSA’s Listing Of Impairments, you may be considered hearing disabled if these tests show an average threshold of 90 decibels or greater in your better ear. You may also be eligible for Social Security disability benefits if you score 40 percent or less on a standard word recognition hearing test. Other eligibility requirements you must meet include:

• Have earned enough qualifying work credits. These are awarded four times per year depending on your income. You need 40 credits to get disability benefits.
• Have earned at least ten of these credits over the last year. You must have worked recently to be eligible for benefits.
• Have a qualifying condition. You will need to provide the SSA with copies of all medical records relating to your testing and treatment for hearing loss, as well as statements from your doctor and any specialists involved in your care.

To Get The Benefits You Are Entitled To, Contact Our Florida Social Security Disability Lawyer

If hearing loss prevents you from working, you may be eligible for Social Security disability benefits. To get the maximum amount you are entitled to, contact Farrell Disability Law. Request a consultation with our Florida Social Security disability lawyer in our Orlando or Jacksonville office today.

Sources:

cdc.gov/niosh/topics/noise/

ssa.gov/disability/professionals/bluebook/2.00-SpecialSensesandSpeech-Adult.htm#2_01

Neurological Disorders That Can Result In Long-Term Disabilities

According to the National Institutes Of Health (NIH), neurological disorders represent a wide range of conditions impacting the brain, nerves, and spinal cord and are a leading cause of death and disability. They can happen at any age but become more common as you get older.

Symptoms such as muscle weakness, lack of coordination, chronic pain, and cognitive impairments often result in limited mobility and can make it increasingly difficult to perform even routine tasks on the job. Common types of neurological disorders that are likely to result in long-term disabilities include:

• Alzheimer’s Disease
• Amyotrophic Lateral Sclerosis (ALS)
• Aneurysm
• Bell’s palsy
• Brain tumors
• Epilepsy
• Head injuries
• Herniated disks
• Migraine headaches
• Multiple Sclerosis
• Parkinson’s Disease
• Spinal cord injuries
• Stroke

Your Rights To Social Security Disability Benefits

Social Security disability benefits can help make up for lost income in the event you suffer an illness or injury that leaves you unable to work for a year or longer. Typically, they may reimburse you for up to two-thirds of your lost wages, and you may be able to work part-time while receiving them.

You may be entitled to long-term disability benefits for any of the above or other neurological disorders, provided you meet eligibility guidelines. In addition to having a qualifying condition, you may also have earned enough work credits. These are awarded up to four times per year and are based on your income. You will need to earn at least 40 work credits to be eligible for long-term disability payments, half of which must have been earned over the past ten years.

Even if you meet these guidelines, it is not uncommon for claims to be denied. To protect yourself and your rights to benefits, take these steps:

• Make sure your doctor provides a firm diagnosis of your condition;
• Undergo any testing or treatment they recommend;
• Keep copies of all medical records and any lost wages you suffer;
• Keep a journal detailing how your condition impacts you at home and on the job;
• File a disability claim as soon as you are unable to work;
• Provide all requested documents and respond promptly to any communications you receive from the Social Security Administration;
• If your claim is denied, delayed, or otherwise disputed, reach out to our Orlando long-term disability lawyer.

Contact Our Florida Social Security Disability Lawyer Today

If you suffer a neurological disorder that impacts your ability to work, you may be entitled to Social Security disability benefits. At Farrell Disability Law, we provide trusted legal guidance throughout the claims process. Contact our Florida Social Security disability lawyer and request a consultation in our Orlando or Jacksonville office today.

Sources:

ncbi.nlm.nih.gov/pmc/articles/PMC6459001/

ssa.gov/benefits/disability/

Social Security disability benefits can provide a lifeline, enabling you to continue providing for yourself and your family. However, filing a claim and getting it approved takes time. Our Jacksonville Social Security disability lawyer explains steps you can take to prepare and increase the chances of getting your claim approved.

Preparing for When You Are Unable To Work

If you are unable to work for a year or longer, you may be entitled to Social Security disability. This can help offset lost wages, but obtaining benefits is not an easy process.

According to the Social Security Administration (SSA), close to two million people file an application each year, but only a quarter of these are approved. You will likely be denied and need to file an appeal before you finally begin receiving these benefits. If you anticipate being unable to work in the future, take these steps now to prepare:

1. Get a firm diagnosis from your doctor.

Getting a firm disability diagnosis is not always as easy as it may seem. You may need to go to several doctors, undergo rigorous testing, and consult with specialists before one will list you as disabled on your medical charts.

2. Keep copies of all medical records.

Keep thorough records regarding all the medical providers you have seen, medical testing and the results, treatments you have undergone, and any physical therapy or medications you are taking. You will need these records to support your claim.

3. Review your eligibility for Social Security disability benefits.

Review your personal information with the Social Security Administration (SSA) and confirm you have the required work credits to be eligible for disability benefits. Review the SSA’s Listing of Impairments to ensure you have a qualifying condition as well.

4. Familiarize yourself with the claims process.

Review all the steps needed in filing a disability claim. This includes the application process, submitting to interviews, and attending a physical with an SSA doctor. Be aware of your rights in filing an appeal in the event of a denied claim, which is common.

5. Consider ways to provide for yourself while you wait.

It can take long months or even years to finally get approved for Social Security disability benefits. Consider how you will provide for yourself while you wait. This may involve cashing in other insurance policies, dipping into retirement benefits, or seeking help from loved ones.

Contact Our Florida Social Security Disability Lawyer

Do not get discouraged when filing for disability benefits. Farrell Disability Law is here to help. We fight to get the total amount you are entitled to in the least amount of time possible. Contact our Florida Social Security disability lawyer and request a consultation in our Orlando or Jacksonville office today.

Sources:

ssa.gov/benefits/disability/

ssa.gov/oact/STATS/dibStat.html

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

Can You Work While Collecting Social Security Disability?

Disability benefits are designed to make up for lost income suffered by people who are unable to work for a year or more. Provided you have earned enough work credits and have a qualifying condition, you may be entitled to payment of up to two-thirds of your prior wages. Unfortunately, this may not be enough to pay your bills or maintain your previous lifestyle. It is important to be aware that you may be able to work while still receiving your SSDI benefits.

The Social Security Administration’s pamphlet “Working While Disabled’ provides pertinent information you need to be aware of. The bottom line is that any type of work that can be considered substantial gainful activity and puts you over established income limits could jeopardize your rights to benefits. However, provided your total income (including disability payments) does not reach more than $1,470 a month, or $2,460 if you are blind, you may be able to earn extra money in one of the following ways:

• Selling items on Etsy or eBay;
• Holding yard sales or selling objects at local flea markets
• Offering consulting, accounting, or other freelance services on a part-time basis;
• Setting up a Go Fund Me or other fundraising efforts.

Job Training And Other Disability Benefits

In addition to performing the above or other activities to generate additional income, you may also be able to earn extra money through programs offered by the Social Security Administration. The largest is Ticket To Work, which is free, voluntary, and available to Social Security disability recipients between the ages of 18 and 64.

The Ticket To Work program offers the following benefits, while still allowing you to continue to receive disability payments:

• Career counseling;
• Job training and vocational rehabilitation;
• Help with resumes and job referrals;
• Job placement through a network of employers who can help with SSA requirements and in coordinating your benefits.

While enrolled in the program, the monthly income limit is temporarily eased for up to nine months, allowing you to make additional amounts of money. However, if you continue to work beyond this period, the SSA will discontinue your benefits.

Discuss Your Options With Our Florida Long-Term Disability Lawyer

At Farrell Disability Law, we have decades of combined experience protecting the rights of people who receive SSDI and helping them navigate the system. To discuss your options, call or contact our Florida long-term disability lawyer online and request a consultation in our Orlando or Jacksonville office today.

Sources:

ssa.gov/pubs/EN-05-10095.pdf

ssa.gov/work/

The Purpose Of A Disability Interview

Social Security Disability Insurance (SSDI) can provide up to two-thirds of your lost wages if you are unable to work, provided you meet qualification guidelines. You must have a qualifying condition that prevents you from working for a year or longer and earned 40 work credits, 20 of which were awarded over the past 10 years. You can get up to four credits per year, based on your income. Even if you meet these qualifications, you must fill out an application and undergo other screening procedures.

One of these is a Social Security disability interview. This may be conducted either by phone or in person and your answers to questions will play a major role in determining whether you are entitled to benefits. Be aware that in addition to what you say, what the interviewer observes is also important.

Particularly in person, if they notice your home undergoing major repairs, interrupt you in the process of engaging in hobbies, sports, or other physical activities, or even your position and appearance during the interview could cast down on your income or disabled status and result in a denied claim.

Questions Your Interviewer Will Ask

The main focus of your disability interview is to give you the opportunity to answer questions pertaining to your claim. Most of these were likely addressed on your application, but asking again offers the chance for the interviewer to verify your answers and determine whether your circumstances have changed or are likely to change in the near future.

Social Security Matters, an information resource from the SSA, offers some tips on standard questions you can expect during your disability review. These include:

• How long have you lived at your current address?
• Who else currently lives with you in your home?
• What is the total amount of income and expenses for your household?
• What are your total assets and earnings, including any savings or retirement benefits?
• When did you become unable to work?
• How did your disability impact you on the job?
• How does your disability impact you at home and in performing daily activities?
• What is your official prognosis?
• What symptoms do you currently suffer?
• What medication, physical therapy, or other treatments are you currently taking?
• Do you plan to return to work in the future, on either a full or part-time basis?

Get Our Florida Social Security Disability Lawyer On Your Side

Answers to the above or other questions, as well as information the interviewer infers, could impact your rights to Social Security disability benefits. To protect yourself and your rights, get Farrell Disability Law on your side. We provide trusted legal guidance throughout the claims process. To request a consultation in our Orlando or Jacksonville office, call or contact our Florida long-term disability lawyer online today.

Sources:

ssa.gov/benefits/disability/

blog.ssa.gov/prepare-for-your-disability-interview-tips-from-social-security/

Four Problems That Could Impact Your Long-Term Disability Claim

In 2022, more than half a million people were approved for Social Security disability, This is a considerable drop from 2010, in which over one million were awarded benefits. Why the drop? Many claim the system is broken and prevents qualified people from getting what they are entitled to. Problems that could impact your rights in filing a claim include:

1. The Social Security Administration Is Running Out Of Money

A 2022 annual report from the Social Security Board of Trustees shows that funds used to provide benefits will be depleted by 2035. This does not mean the SSA will cease to exist, but that payouts will be limited to what they take in each year. These projections show improvement over the prior year due to cuts in staffing and in benefit awards.

2. Disability Benefits Processing Times Are Excessively Long

Social Security disability benefits are designed to help if you are unable to work. However, budgetary restraints mean it can take shockingly long to get approved. According to a recent Washington Post report, budget cuts at the SSA are at an all-time high, impacting staffing and processing times. People are waiting months or even years for claims approval and to begin getting benefit payments.

3. Disability Guidelines Are Excessively Strict

The SSA maintains a listing of Impairments that may entitle you to benefits. To be considered as having a qualifying condition, you must have a detailed diagnosis from your doctor. While this previously was enough to get approved for benefits, today’s applicants must also prove that their condition results in major functional or vocational impairments. This often requires an excessive amount of documentation, including medical records, test results, and statements from doctors, employees, and family members. Even then, it is not uncommon to get denied.

4. Administrative Errors Resulting In Denied Claims

Only 20 percent of long-term disability claims are approved on a first application. Along with not proving a qualifying medical condition, the SSA reports that more than half of all claims are denied due to administrative and technical errors. 

Our Florida Social Security Disability Lawyer Helps You Get The Benefits You Need

If you have been denied SSA benefits, get the legal help you need at Farrell Disability Law. Our Florida Social Security lawyer is dedicated to getting clients the benefits they are entitled to. Call or contact us online to request a consultation in our Orlando or Jacksonville office today.

Sources:

gov/oact/STATS/dibStat.html#f2

ssa.gov/OACT/TR/2022/

washingtonpost.com/politics/2022/12/05/social-security-disability-benefit-offices-backlog-breaking-point/

ssa.gov/policy/docs/statcomps/di_asr/2020/sect04.html#chart11

Your Rights In Receiving Social Security Disability Payments

Social Security is funded through taxes that are deducted from your work paycheck. In addition to retirement benefits, you may be entitled to disability benefits that provide a steady source of income in the event an injury, illness, or chronic medical condition prevents you from working for a year or longer.

It is important to be aware of your rights when it comes to applying for Social Security disability and collecting payments. These include:

• The right to clear guidelines in terms of application and eligibility requirements;
• The right to have a lawyer assist you through the complex process of filing a claim;
• The right to information that can impact your application, such as lists of qualifying conditions and statements regarding your earned credits and income levels;
• The right to receive notification that your application was received and other important information concerning the claim process;
• The right to be notified if additional documentation is needed;
• The right to be notified of denial or approval within a reasonable timeline;
• The right to be provided with concrete reasons, in the event your claim is denied;
• The right to file an appeal if you think your denial was in error;
• The right to receive timely payments, once your benefits are approved;
• The right to engage in part-time work provided it falls within income levels.

Your Responsibilities In Obtaining Social Security Disability Benefits

Along with a bill of rights, the Social Security Administration (SSA) provides a clear list of responsibilities for people who are filing applications, are currently in the claims process or have begun receiving benefits. These include:

• To fill out the required forms and follow application submission guidelines;
• To provide personal information about your household, finances, and work activities;
• To provide information about your condition, including medical records and statements from your doctor and others involved in your care;
• To provide lists of medications, medical tests, and treatments you have undergone;
• To complete personal interviews, medical questionnaires, physicals, or other procedures required;
• To respond promptly to all communications received by the SSA;
• To report any changes in your health or disability status immediately;
• To report changes in income and any part-time work you perform.

Contact Our Florida Social Security Disability Lawyer

Social Security disability benefits provide a safety net if you are unable to work, but navigating the system can be challenging. You have the right to have an experienced Florida Social Security disability lawyer on your side, guiding you through the process. To discuss the details surrounding your claim, call or contact Farrell Disability Law online and request a consultation in our Orlando or Jacksonville office today.

Sources:

ssa.gov/benefits/disability/

ssa.gov/ssi/spotlights/spot-rights-responsibilities.htm

How To Protect Your Rights To Social Security Disability 

Social Security is a federal program funded through taxpayer dollars. After paying into the program for decades, it can come as a shock to finally need benefits only to have your application denied.

Unfortunately, this is a common scenario. According to the Social Security Administration (SSA), close to 70 percent of applicants are denied on their first try. You have the right to appeal their decision and the odds of being successful on a second application are significantly better. However, this means going without a steady income for long months. There are some simple steps you can take now to reduce the odds of a denial. These include:

1. Check your eligibility for benefits.

To be approved for Social Security disability benefits, you must have earned the required amount of work credits, such a condition included under the SSA’s Listing of Impairments, and be unable to work for a year or longer.

2. Attend regular doctor visits.

To obtain Social Security disability payments, you must have a verifiable condition that is documented by medical providers. To protect your rights, visit your doctor regularly, obtain a firm diagnosis, get second opinions as needed, and undergo all recommended testing and treatments.

3. Keep copies of all medical records.

Keep a file folder containing copies of all medical records and related items. This includes office visit summary notes, statements from your doctor or any specialists you are seeing, copies of test results, and receipts for all prescription or over-the-counter medications you are taking. Include notes or bills from physical or mental health therapists, chiropractors, or other providers.

4. Gather evidence from your job. 

The more evidence you have to support your Social Security disability application, the more likely it is that it will be approved on the first try. Gather as much information as you can about how your condition impacts your job, including detailed job descriptions, statements from your employer, wage statements showing losses, and comments from co-workers or others you encounter in the workplace.

5. Keep a disability journal.

Details regarding how your disability affects your home and personal life are relevant when filing a claim. Keep a disability journal, detailing the impacts your condition has on your family and your ability to engage in your usual hobbies and activities.

Our Florida Social Security Disability Attorney Is Here To Help

Whether you need help in filing a claim or appealing denied benefits, reach out to Farrell Disability Law. Call or contact us online to request a consultation in our Orlando or Jacksonville office.

Sources:

ssa.gov/policy/docs/statcomps/di_asr/2020/sect04.html#:~:text=Denied%20disability%20claims%20have%20averaged%2067%20percent.

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