Flordia Social Security Disability Law
OUR EXPERIENCE
We have vast experience in processing, developing and winning claims for Social Security Disability and Supplemental Security Income benefits. We have performed literally thousands of hearings before Administrative Law Judges in all parts of the country. We have developed streamlined case management systems to ensure that your case is won at the earliest possible convenience with the maximum award of past due benefits. We will be in constant contact with your doctors to be sure we have the evidence we need to win your case. We will handle all contact with Social Security and maintain close contact with their staff to ensure timely processing of you claim. Our staff of paralegals, case analysts and case managers is always available to take your calls and emails. The case analysts review your information while the case managers prepare your files to appropriately represent your case throughout the court hearing process. We know how difficult your situation is and we want to help you get the benefits you deserve.
Social Security is a big bureaucracy that often loses site of the fact that you are a human being. We never forget that you are a person with significant medical problems. We know that Social Security has not treated you with the respect you deserve. You will always be treated with the utmost respect by our staff and we will demand that Social Security does the same. Let us handle your Social Security Disability claim from initial application through the award of benefits. We are capable of handling your case and we will help you get what you deserve.
ABOUT SSD AND SSI
If you are disabled from performing substantial employment, you may be eligible for Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits.
Under the law, "disability" means the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death."
In other words, you may qualify if:
- You are unable to work
- You have a physical or mental disability (which can be proven with medical records)
- Your disability will last at least 12 months or may result in death
SUPPLEMENTAL SECURITY INCOME BENEFITS (SSI)
Supplemental Security Income Benefits (SSI) benefits are paid to people who are both poor and disabled. In addition, SSI children's disability benefits are paid to children 18 years old and younger who are disabled and whose parents or guardians are poor.
SOCIAL SECURITY DISABILITY BENEFITS (SSD)
Social Security Disability Benefits (SSD) are paid to disabled people who have reasonably stable work histories. Generally, SSD is available if you have been employed five out of the last ten years.
STEPS TO GETTING SOCIAL SECURITY DISABILITY (SSD) OR SUPPLEMENTAL SECURITY INCOME (SSI) BENEFITS.
Step One: Initial Application
Applicants file initial application and supporting documents with the Social Security Administration.
Step Two: Reconsideration Level
If you are denied benefits on your initial application, you must request reconsideration of your case within 60 days of receiving your denial letter. The most common mistake made by applicants is failing to appeal. Additional medical evidence can be presented.
Step Three: Hearing Level
If your claim is denied after reconsideration, you have 60 days to request a hearing which will be held in front of an administrative law judge who will listen to witnesses, review medical evidence, and decide your case.
Step Four: Appeals Council Level
This step consists of filing a written appeal which will be considered by a special department of the Social Security Administration in Falls Church, Virginia. The appeals Council reviews their case to determine whether you were given a fair hearing. If you succeed, your case will likely be remained back to the Administrative Law Judge for further proceedings.
Step Five: Federal Court Level
If the Appeals Council denies your appeal and/or refuses to review your case, you have 60 days to file for review of your case in the Federal District Court. After reviewing the record from your hearing, the Federal judge can (1) award disability benefits, (2) deny disability benefits, or (3) send your case back for an additional hearing.
FREQUENTLY ASKED QUESTIONS
- Is there an age requirement?
- No. Any individual of any age can be found disabled by Social Security. The rules change for individuals over 50 years of age and over 55 years of age making it easier to obtain benefits.
- How long will I receive benefits?
- Until you reach full retirement age or until your condition improves to the point where you are able to work on a full time sustained basis for a period in excess of nine months. Social Security has instituted a number of provisions to encourage individuals to attempt a return to work without jeopardizing their disability payments. Remember, just because you may have worked for a short period of time after the onset of your disability you may still be entitled to a full period of disability.
- What if I have other income?
- For recipients of SSD there is no limit to the amount of other income you can receive, as long it is not from work activity. For example, if you own an apartment building and receive income from the rents or if you have investments that generate dividends. For recipients of SSI there are additional non-medical requirements related to assets and resources. Please contact our office for more detailed information on the non-medical requirements for SSI.
- If I was denied benefits based upon my initial application, should I appeal?
- Yes! Many claims that are denied initially are awarded at a later stage.
- If I am awarded SSD or SSI benefits, how much will I receive?
- It varies based on your earnings history. You will receive anywhere from $500 to $2,000 a month or more.
- How long will the process take?
- From 6 to 18 months to get through the Administrative Law Judge hearing decision stage.
- What will it cost me?
- There is no cost to you for our representation unless we are successful in obtaining your benefits.
- Can my kids get benefits if I am disabled?
- Minor children of a disabled worker can receive auxiliary benefits. The amount is approximately 40% of the disabled workers monthly payment.
- What can I do to improve my chances of winning SSI or SSD benefits?
- Maintain regular and consistent treatment with physicians that support your claim for disability. If you cannot afford to maintain treatment with private physicians please contact our office and we will refer you to free clinics and county facilities where treatment can be obtained free of charge.
- What if more than 60 days passed since I was denied benefits under initial application?
- If there is a good reason for not appealing within the 60 days the appeal may still be processed. Otherwise a new application is filed with a request to reopen the prior application. This is done to preserve the prior date of application to ensure that the maximum amount of past due benefits will be awarded.
- How do I get started?
- Call us at (727)781-3433.
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