Orlando Social Security Disability Lawyer
Experienced Florida Social Security Disability Lawyer Serving Clients in Orlando
Disability benefits are designed to help employees and their families when the employee gets hurt or sick and cannot work due to a disability. Accidents and injuries on the job often result in severe injuries and lifelong disabilities. Such accidents and injuries can mean that an employee may not be able to return to work for months, and sometimes the employee will never be able to return to work due to a permanent disability. When you cannot do your job and earn an income, it can be overwhelming. However, disability benefits are supposed to be there to help you. As such, when you learn that your ERISA or SSD claim has been denied, you may not know if you have options.
At Farrell Disability Law, we want to assure you that you do have options for appealing benefit denials. Our firm has years of experience assisting thousands of individuals who have been denied disability benefits. You should know that you have rights and can fight back. To be clear, you can appeal this devastating decision. An aggressive Orlando social security disability lawyer at Farrell Disability Law can get to work on your case today.
ERISA Disability Insurance Claim Denied in Orlando?
Many employees in the Orlando area either have paid for their own disability insurance or have these benefits through their employers. Employees should know that their benefits, and their rights as employees who are entitled to benefits, are protected under the Employee Retirement Income Security Act of 1974 (ERISA). Filing a claim can be a complicated process, and many employees have their claims denied the first time due to a minor error in the filing process.
When you file a disability claim, it must be decided within 45 days after the plan receives your claim. In the event the claim is denied, the plan advisor is required to send the claimant a notice with a detailed explanation of why the claim has been denied, in addition to providing you with information about the appeals process. In some cases, employees are not eligible for disability benefits under the plan, but claims can be denied for many different reasons. Indeed, some plans are denied simply because the claimant did not provide enough information the first time. No matter what the reason for your claim denial, an Orlando ERISA lawyer can assist with your appeal.
You typically have 180 days to file an appeal, so be sure to reach out to a lawyer as soon as possible.
Fighting Back Against an Orlando Social Security Disability (SSD) Claim Denial
Were you recently denied Social Security Disability (SSD) benefits or Supplemental Security Income (SSI)? As the Social Security Administration (SSA) explains, there are many requirements for obtaining SSD benefits. Social Security does pay benefits to employees who cannot work when they have a medical condition that is expected to last at least one year or to result in the employee’s death. In order to be eligible to receive these benefits, employees are required to meet earnings tests, and they are also required to provide extensive and detailed information about themselves, their medical condition, and their employment history.
SSD claims are denied often given the complicated nature of the application process. If your claim was denied, you should know that there is a clear appeals process in place and that you have rights. An experienced Orlando Social Security disability lawyer can assist with your appeals process today. If you meet the requirements to receive SSD benefits, we will do everything we can to ensure that you receive the compensation you deserve.
Orlando Social Security Disability FAQs
If you have questions about Social Security disability claims or denials, you should not hesitate to discuss your situation with an Orlando Social Security disability attorney. At Farrell Disability Law, we focus on assisting clients who have been denied disability benefits, and we can begin working on your appeal today. When we work with clients in Orlando, we receive numerous questions about Social Security disability and claims denials. Here are some answers to frequently asked questions (FAQs).
Q: What are Social Security disability benefits?
A: The Social Security Administration (SSA) has two programs through which people can receive disability benefits: Social Security Disability Insurance (SSDI or SSD), and Supplemental Security Income (SSI). Eligibility for these two types of benefits depends upon a person’s work history and income level, as well as the type of disability they have and how it impacts their work.
What is the difference between SSD and SSI? SSD is for workers who have been at their jobs for long enough to pass a “duration of work” test. In other words, they have accumulated enough hours of employment to qualify for SSD. SSI is a little bit different in that these benefits typically are need-based, and do not have anything to do with the amount of hours an individual has worked. Individuals who qualify for Medicaid in Florida may be eligible for SSI benefits.
Q: How do I know if I am “disabled” under the SSA definition?
A: Generally speaking, disability benefits are designed for individuals who cannot work due to a serious disability that is expected to last for at least a year, or is so severe that it is expected to result in the individual’s death. Social Security benefits are not designed for individuals with temporary or partial disabilities.
The SSA’s process for determining whether an individual is “disabled” is a complex one that requires the claimant to submit many types of documentation about his or her medical condition. Due to the complexity of this disability determination process, many individuals are unfairly denied benefits and should speak with an Orlando SSD benefits denial lawyer about an appeal.
Q: What should I do if my Social Security disability claim was denied?
A: You should know that many eligible individuals are denied SSD benefits. This often happens for bureaucratic reasons concerning the complexity and detail of the claims process. You can appeal your denial! Whether you were denied SSD or SSI benefits, and whether you were denied for medical or non-medical reasons, the SSA has a clear appeal process that can allow an individual to obtain the benefits they deserve.
If your claim is denied again upon appeal, you can ask for a hearing. An Orlando SSD denial attorney can assist at every stage of this process.
Q: What should I expect at a Social Security hearing?
A: If your appeal is denied, you can request a hearing with an administrative law judge. This hearing typically will be held within 75 miles of your home in Orlando. The administrative law judge will question you, as well as any witnesses in your case, including medical experts or vocational experts.
These hearings can feel intimidating, and they can be complicated. With an experienced Orlando Social Security disability denial lawyer on your side, you should feel confident asking for a hearing and seeking the benefits to which you are entitled.
Orlando Disability Insurance FAQs
Florida Disability Insurance Denial Lawyer Assisting Clients in Orlando with Frequently Asked Questions
At Farrell Disability Law, we regularly assist clients throughout the Orlando area who have been denied disability benefits. With years of experience advocating for employees who have policies covered under the Employee Retirement Income Security Act of 1974 (ERISA), our firm knows how to approach these cases and how to submit a strong appeal. We get many different types of questions from our clients, and we want to answer some of those frequently asked questions (FAQs) for you today.
Q: What is disability insurance, and who pays for it?
A: There are different types of disability insurance policies, but the key thing to know is that these policies can provide coverage for individuals who get hurt on the job if they meet the required definition of “disabled.” An individual can purchase a disability insurance policy on his or her own, while sometimes these policies are sponsored by an individual’s employer. Policies that are purchased by an individual are much different than those sponsored by an employer, and they tend to have very different requirements for obtaining compensation.
If your disability insurance policy is sponsored by your employer, there is a good chance that it is covered under ERISA. A fact sheet from the U.S. Department of Labor (DOL) explains that “ERISA sets specific periods of time for plans to evaluate your claim and inform you of the decision.” Under ERISA, plans must make a decision about disability claims within “a reasonable period of time, but not later than 45 days after the plan has received the claim.” Submitting a claim can be a complicated process, and it is important to work with an Orlando disability benefits lawyer on your case.
Q: What is a determination of disability, and how do I qualify?
A: For claims under disability insurance policies, the plan typically will need to evaluate whether your condition qualifies as a disability and thus whether you qualify for benefits. There are different types of policies, as we mentioned, including “own occupation” policies and “any occupation” policies. Under the former, an employee typically only needs to prove that her disability prevents her from doing her own job, or her “own occupation.” The standards for “any occupation” policies are more stringent and typically require an employee to show that her disability prevents her from working in “any occupation.”
These determinations of disability can be extremely complicated, but a dedicated disability lawyer in Orlando can help.
Q: What should I do if my disability insurance claim was denied?
A: For most disability insurance policies, there is a built-in appeals system that you can rely upon to appeal the denial. You should know that many claims are denied, even when the individual is eligible for benefits. Sometimes the plan simply does not have sufficient information to approve the claim. Other times, the complicated nature of the claims process results in a minor error that leads to a denial.
If your plan is covered under ERISA, you will receive a denial letter from the plan administrator that will explain precisely why your claim was denied, and it will also provide information about the appeals process. You have only 180 days to file an appeal in such a case, so you should contact a lawyer as soon as possible.
Contact an Orlando Social Security Disability Lawyer with Experience Handling ERISA and SSD Claims
At Farrell Disability Law, we focus on ERISA disability insurance denials and SSD claims denials. We know how difficult it can be to learn that you are disabled, only to find out that your benefits claim has been denied. You have rights and can appeal the denial. A dedicated Orlando social security disability lawyer can speak with you today about your options. Contact Farrell Disability Law to learn more about how we can assist with your case.