It is much more beneficial and efficient to have the same attorneys for your workers' compensation and Social Security claims. This way, your attorney will have familiar ground from which to work, as much of the same medical documentation and detail is used in both claims.
Social Security:
Social Security benefits are available to individuals who are unable to work on a regular and continuing basis due to a serious medical or mental condition or a combination thereof. Because the Social Security process can be long and frustrating, many people who would qualify for disability benefits give up and fail to follow through the entire appeals process. The Social Security Administration denies most applications for disability at the initial and reconsideration levels. It often is not until the third level of appeal in which applicants appear before an Administrative Law Judge that they are granted benefits. That is why it is imperative that an applicant continue to appeal any denial of his or her claim for Social Security disability benefits. We have more than 25 years of experience in representing Social Security claimants. Our attorneys are familiar with the "red tape" of the Social Security process and are able to obtain benefits for our clients as timely as possible.
Often, persons applying for Social Security disability benefits suffered work related injuries. Hiring the same law firm for both your Social Security and Workers' Compensation claim can be beneficial because the standards for proving disability under both systems are similar and interrelated. In fact, under the Florida Workers' Compensation laws, an injured worker may be required to apply for Social Security disability. Further, the cost of litigation can be significantly reduced by having the same attorney represent you for both claims as it will not be necessary to duplicate medical and other records.
The first step to receiving Social Security benefits is to go to your local Social Security office. If you meet the outlined criteria, you may make an initial application at that office. That application will either be approved or denied by the Social Security Administration. A decision will be made in about three (3) months.
Frequently a first application is denied. At this point, you may elect to hire an attorney to help you with your appeal. The next step is to file a request for reconsideration which must be filed within sixty (60) days from the date of your initial denial.
If your request is again denied, you or your attorney may file a request for a hearing with the Social Security Administration. This must be filed within sixty (60) days from the denial of your request for reconsideration. This is the level at which benefits are most likely to be granted. You will be given a hearing before an Administrative Law Judge approximately six to nine (6-9) months after your request for hearing. The judge's ruling will take an additional three (3) months.
If the judge denies your request, you may make an appeal to the Social Security Administration Appeals Council in Arlington, Virginia. This is the highest action you can take at the administrative level. If the Appeals Council denies your request, the next step would be to file a lawsuit with the Federal District Court. This is most often a lengthy process. An attorney who is knowledgeable about your case and medical condition is invaluable to this procedure.
When to Seek an Attorney's Assistance With Your Social Security Claims:
- have made your application at the local Social Security office and been denied at least once.
- have medical documentation that proves you are permanently disabled.
- have sufficient work quarters.
McKenzie and Hall, P.A. does not accept children's Social Security cases.
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