8 FAQs About Traumatic Brain Injury Claims in Florida
The brain is a delicate organ that plays an essential role in every vital process within the body. Even a minor brain injury can have devastating...
by Donaldson & Weston
You were injured, maybe it was on the job or in a car accident or through some unforeseen danger. The injury itself was and still is devastating, you can no longer work, and your income is gone. Naturally, you filed for disability benefits to help meet your basic needs. You went through the lengthy process, found all the proper documentation, and met all the deadlines and requirements. Then the social security disability denial letter came in.
Your heart sinks, your mind races. How could this be? How am I going to pay my bills? Why did this happen to me? Is there anyway to change this?
Well, you are not out of luck. First, let us begin by reviewing the disability process and how a What is Disability?
According to the Social Security Administration, disability means that you cannot do the work you did before, the Administration has decided that you cannot adjust to other work because of your condition, and your disability has lasted or is expected to last for at least one year or until death.
Have I Worked Long Enough?
Next, we will need to examine how long you have worked at a qualified job. The Social Security Administration operates on “credits” and generally, 40 “credits” need to be earned to qualify, 20 of which were earned in the last 10 years. What are “credits”? Credits are determined on a yearly basis and are calculated based on wages earned. One credit in 2015 was earned for every $1,220 of wages earned with a cap placed at $4,880 of wages earned or 4 credits.
Am I Disabled?
For 2014, if you earned more than $1,070 a month you will generally not qualify for disability. Your medical condition must also impair with your ability to perform basic work related tasks and you are not able to perform a comparable job.
How Do I Appeal a Social Security Disability Denial Letter?
You have met all the conditions listed by the Social Security Administration yet your application was still denied. You can appeal that decision. The appeals process is often difficult and complicated thus; an appeal should begin by contacting an experienced Social Security disability attorney. Your attorney will help you prepare a reconsideration, which will require you to gather the proper documentation and medical records. If your reconsideration is denied, your attorney can help you set up a hearing before an administrative law judge. If this measure fails, your attorney can then file for review by the Social Security Appeals Council. The final measure is to file a lawsuit in federal district court.
While it is disheartening to have a disability claim denied, with the help of an experienced social security disability denial attorney you can have the denial reversed and get the disability benefits you and your family need.
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