How do I appeal a denied Social Security disability claim in Florida?
1. Federal Program. SSDI (42 U.S.C. § 401) needs work credits; SSI (42 U.S.C. § 1381) is income/asset based. Both use the 5-step sequential evaluation (20 C.F.R. § 404.1520; § 416.920).
2. Initial Determination. Florida's Division of Disability Determinations (DDD) under the Florida Department of Health processes claims. About 66% denied initially.
3. Level 1: Reconsideration. File SSA-561 within 60 days; different examiner; ~86% denied.
4. Level 2: ALJ Hearing. HA-501 within 60 days. OHO offices serve Florida from Miami, Fort Lauderdale, Fort Myers, Jacksonville, Orlando, Tampa, and Tallahassee. Wait 12-15 months; video/telephonic.
5. Level 3: Appeals Council. HA-520 within 60 days; Falls Church, VA.
6. Level 4: Federal District Court. 42 U.S.C. § 405(g); file in the Northern, Middle, or Southern District of Florida within 60 days.
7. Florida Supplemental. None. Florida has no state-run short-term disability program.
8. Continuing Disability Reviews. Every 3-7 years; cessation appeals reset to reconsideration.
9. Attorney Fees. 25% of past-due benefits or $9,200 (2024) cap (42 U.S.C. § 406(a)).
10. Concurrent State Aid. Florida is a "1634 state" — SSI recipients are automatically enrolled in Medicaid through DCF.
This is legal information, not legal advice.
- Your initial claim and reconsideration were both denied
- You're preparing for the ALJ hearing and need vocational expert cross-examination
- Your benefits were terminated after a CDR
- 42 U.S.C. § 405(g)
- 20 C.F.R. § 404.1520
- 20 C.F.R. § 416.920
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.