Was Your Disability Claim Denied? Don’t Give Up — You Have 60 Days
Most disability claims are denied the first time. Disability Experts of Florida has helped thousands of Florida claimants successfully appeal. Your case evaluation is completely free.
A Denial Is Not the End
A Social Security disability denial feels final, but statistically, it is the beginning of a process, not the end of one. Approximately 65–70% of initial disability applications are denied. Of those claimants who continue appealing, a significant majority are eventually approved, most at the ALJ hearing level.
If you were denied, you are in the majority. The question is not whether you qualify. It’s whether you have the right evidence and representation to prove it.
The 60-Day Deadline — Act Now
From the date on your denial notice, you have 60 days (plus 5 days for mail delivery) to file a request for reconsideration, the first level of appeal. If you miss this deadline, you may have to start the entire application process over, losing your original filing date and potentially months or years of accumulated back pay.
If you are close to the deadline: file the reconsideration request immediately, even if it’s imperfect. You can supplement the record with additional evidence after filing. A delayed filing is worse than an imperfect one.
Why Disability Claims Are Denied
Most denials fall into one of these four patterns. Our team addresses each on appeal:
Insufficient medical evidence.
RFC assessed too generously by DDS.
Technical errors.
Condition not meeting listing criteria.
Want the full explanation of why each of these happens and how it gets fixed? Read our complete guide to why disability claims are denied.
What Happens Next — The Appeal Path
A denial is Level 0. The appeals process has four levels, each progressively more in-depth:
Reconsideration (DDS, different examiner, ~10–15% approval rate)
Federal Court (legal error review, ~20–30% remand/reversal rate)
Most claimants who are ultimately approved win at the ALJ hearing. The denial you received today is, for most people, the first step in a path that leads to that hearing.
What Changes When DEF Takes Your Case
Hiring a representative does not just mean someone files paperwork. Here’s what specifically changes when DEF takes your case after a denial:
Obtain the treating physician RFC. The most impactful single piece of evidence in a disability case. Most unrepresented claimants never ask their doctor to complete it.
Identify and challenge DDS RFC errors. DDS examiners frequently understate functional limitations, particularly for pain, fatigue, and mental health. We review the DDS assessment and challenge every error at the hearing.
Monitor SSA’s record requests. SSA requests medical records from listed providers but doesn’t always receive them. We verify receipt and supplement missing records before any determination.
File a pre-hearing brief. A written legal argument submitted to the ALJ identifying the strongest grounds for approval and the evidence supporting them.
Cross-examine the vocational expert. The VE’s testimony about available jobs is the final obstacle in most hearings. We cross-examine systematically to eliminate jobs you cannot perform.
Your Back Pay Is Already Accumulating
Every month between your established disability onset date and the date your claim is eventually approved is another month of back pay building. A denial does not stop this accumulation. The clock keeps running.
At $1,600 per month in SSDI benefits, 24 months of accumulated back pay is $38,400. At the ALJ hearing level, where most approvals happen, claimants are often two to three years past their onset date, meaning $38,000 to $57,000 or more in back pay, paid as a lump sum at approval.
The denial notice is a setback, not a stop. The back pay is building. The question is whether you fight for it.
Watch What You Post — A Note on Social Media
During your appeal, SSA may review your public social media presence. Claimants who post photos or videos of physical activities inconsistent with their claimed limitations, even activities done on good days, once a year, or with significant effort, create evidence that can be used to undermine their testimony. This is not theoretical. SSA uses online activity as part of its evaluation. Disability Experts of Florida advises all clients on social media practices from the day they engage representation.
Disability Appeals in Florida
Florida claimants face above-average initial denial rates compared to the national average, making professional representation in Florida more important, not less. Florida DDS examiners, Florida OHO ALJs, and the Florida appellate courts all operate within a specific legal and procedural environment that our team navigates every day.
We represent claimants at all Florida OHO hearing offices: Tampa, Jacksonville, Orlando, Miami, and Fort Lauderdale. We know the hearing offices, the individual judges, and the evidence standards that move cases at each location. This is institutional knowledge that national firms operating remotely in Florida cannot replicate.
No Fee Unless We Win
Our fee is 25% of your back pay, capped at a maximum of $9,200. SSA pays our fee directly from your back pay. You never write us a check. If your claim is not approved, you owe us nothing. No retainer. No hourly billing. No risk to you.
Example: If you are approved with $40,000 in back pay, our fee is $9,200, the maximum. If approved with $10,000 in back pay, our fee is $2,500 (25%).
Frequently Asked Questions for Disability Claim Denied
What happens when I call DEF after a denial?
A free case evaluation, usually within the same business day. We ask about your denial notice, your medical conditions, and your work history, then explain the appeal options and what evidence we will need. If you decide to retain us, we begin work immediately. There is no fee unless your claim is approved.
How quickly can DEF start working on my appeal?
As soon as you sign the representation agreement. We file the SSA-1696 (Appointment of Representative) and SSA-561 (Request for Reconsideration) within one business day in most cases. Speed matters: the sooner we are on the file, the sooner we can start gathering missing medical evidence and requesting your treating physician RFC.
Should I hire a disability advocate after being denied?
Represented claimants are approved at significantly higher rates than unrepresented claimants at the ALJ hearing level. Engaging representation after denial and before the hearing is the most effective time to get professional help.
How much does DEF charge to handle my appeal?
25% of your back pay, capped at $7,200 by federal law. Nothing owed if your claim is not approved. SSA pays the fee directly from your back pay. You never write us a check.
What if I've been denied more than once?
Multiple denials are common and represent significant accumulated back pay. DEF handles cases at every appeal level, including ALJ hearings, Appeals Council review, and federal court. Long claim histories with large back pay potential are the cases we specialize in.
Will DEF handle communication with SSA so I don't have to?
Yes. Once you sign the SSA-1696 appointing us as your representative, SSA sends all notices, requests, and forms to our office. We respond to record requests, schedule consultative exams, monitor deadlines, and answer SSA’s questions on your behalf. You stay informed at every step, but the procedural workload sits with us.
We Are Here To Help
Our practice is equipped to handle cases nationwide. We provide personalized service and advocacy to clients across the country. Wherever you are, we are here to fight for you!
