November 21, 2018

RE-OPENING A SOCIAL SECURITY DISABILITY CASE THAT WAS CLOSED

Consider the case of an application for Social Security benefits filed by a parent or guardian on behalf of a minor or mentally incompetent person. The initial application is turned down several times on separate occasions. The claimant, who was not represented by an experience Social Security Disability attorney, did not file for reconsideration on any application within the 60 day appeal period.

Four years pass and a new application is filed; the claimant for the first time is represented by an attorney. The Social Security Administration (SSA) denies the application, taking the position that the administrative determination more than four years old could not be reopened, that the prior decisions are final and they bar the claim.

WHEN HIRING AN ATTORNEY CAN CHANGE THE INEVITABLE

But this time around, the claimant has an attorney by his side. The Court of Appeals overruled and reversed the SSA decision.  The Court decided that the claimant did not have the mental competence necessary to request review of the original appeal and ruled that the Social Security Administration must reopen the prior determination and issue a revised determination. This is how experienced Social Security Disability attorneys can make the difference in their client’s lives.

What to look for when selecting a Social Security Disability Attorney.

Social Security Disability law is complex. The experienced attorneys at Hoffman, Larin and Agnetti, PA offer a free consultation so that you can learn your rights. There are no fees for representation before the Social Security Administration in disability claims, unless we win. We have offices throughout south Florida in Dade, Broward and Monroe Counties for your convenience.