Attorney Fernando Narvaez Discusses Legal Issues Affecting Your Claim
The Social Security Administration (SSA) is facing an unprecedented number of new applications for disability benefits. As a result, it is enforcing its eligibility requirements with greater scrutiny over claims, and will undoubtedly analyze every aspect of your claim to ensure it meets the SSA’s legal criteria for approval. Fortunately, if you are initially denied benefits, a Tampa Bay area Social Security disability attorney can help you re-apply or appeal your claim – processes which fall under similar legal guidelines and regulation. For help in any of these areas, please contact us right away.
Legal Issues Surrounding Eligibility
The over-arching issue facing any applicant for disability benefits is “am I eligible?” This question involves an evaluation of not only the severity of the applicant’s injury or illness, but the ability of that applicant to continue working despite the onset of the medical condition. In other words, an injury that makes one candidate eligible does not necessary make another candidate eligible – and it all depends on the physical or mental requirements of each applicant’s job at the time of application.
To determine eligibility from this angle, the SSA will look at the type of physical or mental requirements of the candidate’s employment position, and may enlist the services of an occupational expert for guidance. For instance, if the applicant was engaged in highly-physical, demanding work, a severe accident or injury will likely render that applicant unable to continue at his job. Conversely, an applicant who works primarily from a desk with little physical movement may have a more difficult time proving an inability to continue working, especially if the injury is seemingly unrelated to the performance of work tasks.
Legal Standards on Appeal
Every applicant for benefits has the right to a hearing upon denial. Known as an administrative law hearing, this process allows the applicant to testify before an administrative law judge about the nature of his injuries and his inability to continue working. If the judge still deems the applicant unable to work, he may appeal to the Review Board. From there, it may be necessary to commence a private civil lawsuit for benefits, which may be successful in some scenarios.
Contact an Experienced Tampa Bay Area Social Security Disability Lawyer Today
If you have questions about the legal issues facing applicants for Social Security disability benefits, you are not alone. We encourage you to contact Fernando V. Narvaez, Attorney at Law by calling 727-914-4999 right away.