Do you need legal guidance from Florida Social Security Disability attorneys? Look no further. Our dedicated team specializes in navigating the complexities of SSDI appeals, helping clients overturn denials and secure the benefits they deserve.

Navigating the intricacies of Social Security Disability Insurance (SSDI) appeals can be daunting, especially after facing an initial denial. At Culbertson, Jacobs & LaBoda, our Florida Social Security disability attorneys are committed to assisting individuals at every stage of the appeals process. From dissecting denial reasons to advocating at hearings and beyond, we provide comprehensive support to ensure your claim has the best chance of success. Discover how our experienced legal team can guide you through challenging SSDI appeals, offering invaluable expertise and unwavering advocacy along the way.

Meet Our Social Security Disability Attorneys

Having two of ten attorneys in the state of Florida who are certified for Social Security Disability Law is no minor feat.Richard Culbertson Since graduating from Western State University College of Law in 1975, Richard Culbertson has handled thousands of Social Security and Supplemental Security Income cases from Southern California to Central Florida. He’s owned and run his own Law office since 1996, serving cases from pre-application to the Federal Courts. He’s currently serving as the Chairman of the Social Security Committee of the Orange County Bar Association. Sarah JacobsSarah Jacobs is the second Board Certified Advocate in Social Security Disability. She began working at Culbertson, Jacobs & LaBoda, PLLC. directly out of law school. Since graduating, she’s successfully briefed hundreds of cases, as well as cases before the Eleventh Circuit Court of Appeals. Over time, she has limited her practice to exclusively represent claimants who are seeking benefits throughout all stages of the disability process. In addition, we have other attorneys who all represent our clients from the initial level through the hearing level. With over 40 years of experience and three locations across Central Florida, our Florida Social Security Disability attorneys have the experience to ensure your claim has the best chance of getting approved.

How We Can Help

Our attorneys can help you every step of the way. From the initial application process, you’ll want your claim to contain detailed information and documents to maximize your chances of approval. If, for whatever reason, your claim is denied by the Social Security Administration, we can then assist you in the appeal process. 

Levels of Social Security Disability Appeals

There are multiple levels of appeal available to you if your initial claim for benefits is rejected. If you have additional questions or would like guidance through the appeals process, we encourage you to reach out to one of our attorneys.

Reconsideration

A reconsideration entails a thorough review of your claim by a medical consultant and claims examiner at the Disability Determination Services (DDS) level, both of whom were not involved in the initial decision. They examine all evidence from the initial determination and any new evidence provided. This process typically takes several months, with benefits granted in approximately 10-15% of reconsideration claims. After receiving your initial denial notice, you have 60 days to file a written request for reconsideration, either by filling out the online form or completing and mailing Form SSA-561-U2 to your local Social Security office. If your claim is denied after reconsideration, you will receive a similar denial notice, and the next appeal level is a hearing before an administrative law judge.

Administrative Hearing

If the DDS denies your reconsideration request, either for an initial claim or a continuing disability review termination, you can further appeal by requesting a hearing before an administrative law judge (ALJ) within 60 days of receiving the denial letter. ALJs, who work for the SSA’s Office of Hearings Operations (OHO), primarily handle decisions regarding disability benefits. Consider hiring a disability lawyer to strengthen your case at the ALJ hearing, as having an attorney can improve your likelihood of success.

Appeals Council

If your benefits are not approved at the Administrative Hearing level, the next step is Appeals Council. The Appeals Council, which randomly selects cases and has the discretion to grant, deny, or dismiss requests, will only review cases that meet specific criteria, such as ALJ abuse of discretion, errors of law, lack of substantial evidence, or cases that raise broader policy or procedural issues. Dismissals can occur if requests are filed late or if you request dismissal yourself.

Federal Court Review

The subsequent step in the appeal process involves filing a lawsuit in U.S. District Court, where having an attorney representative is crucial. Federal judges who preside over disability cases without juries are supposed to review cases for legal errors, but often rule on factual questions as well. District court judges reverse ALJs or the Appeal Council in a small number of cases but remand about half of the disability cases they review. Common reasons for remanding include insufficient consideration of a treating doctor’s opinion, pain, and other symptoms, or lack of assessments of abilities from treating doctors.

Pursue Your Benefits With Culbertson, Jacobs & LaBoda

If you want to hire one of our Florida Social Security disability attorneys, you would first enter a fee agreement. This agreement would be contingent on whether or not we are successful. Contact us today to get started!
Headers/FAQs Form
0 of 100 max characters