Floridians who are struggling to access their Social Security disability benefits rely on our team of SSI/SSDI lawyers to help them get compensation based on their inability to work.
Summary
- Individuals unable to work for over a year due to disability may qualify for SSDI benefits, provided they meet work credit requirements.
- SSI offers support to low-income individuals with serious medical conditions, even if they lack sufficient work credits for SSDI.
- The Social Security Administration provides four disability programs: SSDI, SSI, Disabled Widows and Widowers Benefits, and Disabled Adult Child Benefits.
- SSDI requires applicants to have worked at least five of the last ten years, with adjusted criteria for younger workers.
- The Social Security disability benefits claims process involves application submission, detailed review, initial determination, reconsideration, and potentially a hearing.
If you are a Florida citizen and a disability has left you unable to work for over a year, you may be entitled to Social Security benefits. Individuals with legally defined serious medical conditions that hinder their ability to work might qualify for Social Security Disability Income (SSDI), provided they meet specific work credit requirements.
However, if you don’t meet these criteria, there is still hope with Supplemental Security Income (SSI), designed to support low-income individuals facing severe medical challenges. At Werner, Hoffman, Greig & Garcia, our skilled Florida SSI/SSDI lawyers are ready to guide you through the Social Security system.
Whether you need assistance in determining your eligibility, filing an initial claim, or seeking an appeal for a denied SSDI or SSI claim, our team of SSI/SSDI lawyers is here to provide you with the professional support and representation you need to secure the benefits you deserve.
Call (800) 320-HELP or submit a contact form and let us help you navigate this process with confidence.
Social Security Disability Explained
The Social Security Administration (SSA) offers four distinct programs to support individuals with disabilities, each tailored to specific needs. Social Security Disability Insurance (SSDI) provides benefits to disabled workers who have accumulated sufficient work credits. Supplemental Security Income (SSI) assists low-income individuals who are disabled, blind, or aged 65 and older.
Disabled Widows and Widowers Benefits (DWB) extend support to surviving spouses who become disabled within a specified period following their spouse’s death. Disabled Adult Child Benefits (DAC) cater to adult children who became disabled before age 22 and depend on an eligible parent.
Although all these programs adhere to the same rigorous disability determination process involving specific medical criteria, many people often confuse SSDI with SSI due to their overlapping purposes.
Social Security Disability Insurance (SSDI)
Social Security Disability Insurance is a vital program designed to provide financial assistance to individuals who have recently been part of the workforce but are now unable to work due to a disabling condition, such as a spinal cord injury.
To qualify for SSDI, applicants typically need to have worked for at least five out of the last ten years, earning enough work credits to meet the eligibility criteria. However, recognizing the challenges faced by younger individuals under 31, the program offers adjusted requirements to accommodate their shorter work history.
This ensures that younger people with serious health issues also have access to necessary support through Social Security disability benefits. Navigating the SSDI claims process can be challenging, with its intricate procedures and stringent documentation requirements.
This is where the expertise of seasoned Florida SSI/SSDI attorneys at Werner, Hoffman, Greig & Garcia becomes invaluable. With a deep understanding of the Social Security system, professional advocates can guide you through each step, from initial application to potential appeals.
Supplemental Security Income (SSI)
Supplemental Security Income is another crucial financial aid program aimed at supporting low-income individuals with disabilities, irrespective of their employment history. This program is especially beneficial for those who haven’t accumulated enough work credits to qualify for Social Security Disability Insurance benefits.
For individuals who have been denied Social Security Disability Insurance benefits due to insufficient work history, SSI offers a viable alternative, providing much-needed assistance.
However, securing these benefits necessitates thorough and precise medical documentation that clearly outlines the nature of the disability and its impact on your ability to work. This is similar to what the VA requires of veterans claiming disability benefits.
Moreover, recipients of SSI benefits automatically qualify for Medicaid, ensuring comprehensive healthcare coverage to address their medical needs. This integration underscores the program’s commitment to holistic support for eligible individuals.
An experienced WHG Florida SSI/SSDI lawyer can play a vital role in this process, guiding applicants to compile the requisite documentation and strengthening their claims. Leveraging the expertise of seasoned professionals can significantly improve the chances of a successful application, ensuring that you receive the benefits and healthcare support you deserve.
Eligibility Criteria for Social Security Disability Claims
To qualify for Social Security disability benefits, you must meet specific criteria, especially if an illness or injury has hindered your ability to work. A key requirement is having paid Social Security taxes for at least five of the past ten years. Additionally, you must demonstrate recent active participation in the workforce.
The Social Security Administration mandates that applicants substantiate the following:
- Incapacity to perform previous employment: You must prove you can no longer fulfill the demands of your former job due to your medical condition.
- Inability to undertake any other work: Beyond previous employment, you must show you are unable to engage in any other type of employment available in the current economy, reflecting the severity of your condition.
- Long-term medical condition: The condition must be expected to last for at least one year.
These criteria are designed to ensure that benefits are allocated to those genuinely in need, offering support to individuals facing long-term challenges in securing and maintaining employment. The VA offers something similar to veterans in the form of TDIU benefits.
The Process of Claiming Florida Social Security Disability Benefits
The process of securing Social Security Disability benefits can be confusing and protracted, particularly for those without legal representation from seasoned FL SSI/SSDI lawyers. Many applicants find themselves unable to advance beyond the initial stages of the process. Here’s a breakdown of the primary steps involved in the SSD claim process:
Application
The first step in pursuing Social Security Disability benefits is filing an application. This can be done at a local Social Security office or conveniently online. This initiation is crucial, setting the foundation for your claim.
Review
Once your application is submitted, a claims examiner will undertake a comprehensive review. During this stage, your medical records, employment history, and other relevant details are scrutinized to assess your eligibility for disability benefits. Veterans undergo a similar process when they file disability claims with the VA.
Initial Determination
In this phase, the claims examiner makes a preliminary decision regarding your application. This determination is pivotal, as it influences your chance of receiving benefits. Statistics indicate that approximately 40% of claims receive approval at this juncture.
If your claim is approved, you move closer to receiving benefits. However, if denied, you have the option to advance to reconsideration, exploring further avenues for approval.
Reconsideration
Should your initial claim be denied, you have a 60-day window from receiving the notification to request a further review through the appeals process, termed reconsideration. This step involves submitting a request either via a written letter, an iAppeal, or by scheduling an in-person meeting.
If your reconsideration request is accepted, a different Claims Examiner will re-evaluate your documentation. They’ll also look at any additional information you’ve provided. Then, they will reassess your eligibility for benefits. However, it’s important to note that only around 20% of claims are successful at this stage.
Hearing
If your claim is once again denied after reconsideration, you have the option to appeal. At this point, you can request a hearing before an Administrative Law Judge. This hearing is informal and typically attended by just three individuals: the judge, the judge’s secretary, and a vocational expert who will discuss the applicant’s qualifications.
You are encouraged to introduce any new evidence or information at this hearing. The judge will then make a determination on your disability status and whether you qualify for benefits. This offers you another chance to secure the support you need.
Assert Your Rights With the Help of a WHG Florida SSI/SSDI Lawyer
Navigating the Social Security disability claims process can be stressful, particularly in Florida, where regulations can be stringent. Experienced FL SSI/SSDI lawyers at WHG offer invaluable support, leveraging our expertise to guide you through each stage. With our in-depth understanding of the system, we provide crucial assistance tailored to the unique needs of every client.
- Comprehensive Case Evaluation: We assess your situation thoroughly to determine eligibility and develop a strategic plan for your claim.
- Documentation Assistance: Florida SSI/SSDI lawyers help gather and organize all necessary medical and employment records, ensuring your application is complete and compelling.
- Application Preparation: We meticulously prepare and file your initial application, minimizing errors that could delay the process.
- Communication Management: Your SSI/SSDI attorney will handle all communications with the Social Security Administration, clarifying questions and managing requests on your behalf.
- Appeals Representation: If your claim is denied, our Florida SSI/SSDI lawyers expertly navigate the appeals process, increasing your chance of overturning a decision.
- Hearing Advocacy: During hearings, we represent you before the Administrative Law Judge. That involves presenting evidence and arguments to support your case effectively as we do for veterans facing BVA hearings.
Through these services, Werner, Hoffman, Greig & Garcia SSDI/SSI lawyers provide essential guidance and support. Our team will work to enhance your chances of receiving the benefits you deserve.
Schedule a Time to Discuss Your Social Security Disability Benefits Case Today
Seize the opportunity to secure the Social Security disability benefits you deserve with the expert guidance of Werner, Hoffman, Greig & Garcia’s seasoned Florida SSI/SSDI lawyers. Don’t let the challenges of the claims process hinder your access to the support you need.
By reaching out to our dedicated team, you can ensure a thorough review of your case and a strategic approach tailored to your unique circumstances. Call us today at (800) 320-HELP or submit this online contact form to schedule your free initial consultation.
Frequently Asked Questions
How much does a Florida SSI/SSDI lawyer cost?
WHG Florida SSI/SSDI lawyers operate on a contingency fee basis, meaning we only receive payment if your claim is successful. Typically, our fee is a percentage of the back pay awarded by the Social Security Administration. If you are familiar with the fee structure for veteran disability benefits attorneys, it is essentially the same system.
What documents do I need when filing a Social Security disability claim?
When filing a claim, essential documents include comprehensive medical records detailing your condition, just like for personal injury claims. You’ll also want to submit a record of your employment history showcasing your work background. Additionally, include any documentation of income or tax records. These materials help establish the severity of your disability and your work credits.
What conditions does the SSA consider?
The Social Security Administration evaluates a wide range of physical and mental conditions. These include but are not limited to, cardiovascular issues, musculoskeletal disorders, neurological disorders, mental health conditions like depression or anxiety, and many more. The condition must significantly impair your ability to work.
