Workers’ Comp | Social Security | Disability Insurance | Personal Injury
SOCIAL SECURITY
How do I apply for social security?
What does it take to qualify for social security disability?
How are my benefits calculated?
How far back can I be paid?
When should I file for Social Security?
How does the process work?
Do I need a lawyer?
How does my lawyer get paid?
Can I work and still get social security?
What is the difference between Supplemental Security Income (SSI) and Social Security Disability Income (SSDI)?
How do I apply for social security?
You can apply online at www.ssa.gov. You can phone Social Security at their national number 1-800-772-1213 and request an application, or you can visit your local Social Security office. The location of the closest office can be found by calling Social Security and following the telephone prompts.
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What does it take to qualify for social security disability?
A person must meet the medical requirements for receiving disability, and they must meet the “fully insured” status. The medical requirements must substantiate that you are, or are expected to be, disabled for a period of at least a year. Fully insured individuals, who are incapable of performing substantial gainful activity for a l year period or more, are eligible for disability benefits.
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How are my benefits calculated?
The social security administration looks at your earning record over your lifetime, and uses five different methods for calculating your monthly benefit. The method which results in the highest monthly payment determines your primary monthly amount.
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How far back can I be paid?
One year prior to the date of your application.
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When should I file for Social Security?
You should file as soon as possible after determining that you have a condition which will keep you from working for any significant period of time. Social Security will not pay benefits for periods of time less than a year unless the medical condition is considered severe or permanent enough that one could conclude the disability will last a year or more. Although disability benefits do not begin until the 6th month after disability begins, many claims are initially denied, and it is best to get process started quickly in case the claim must proceed all the way through to a hearing.
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How does the process work?
After you apply for benefits Social Security benefits, you will receive many forms in the mail asking you to detail your medical and work history. Social Security will send your file to the Office of Disability Determinations for development. If your medical condition is stable, they will generally approve or deny your claim within 60 to 90 days. If rejected, you will receive a letter asking if you want to file an appeal, known as a “reconsideration”. After filing for a reconsideration and submitting any additional evidence, the Social Security Administration will again determine if your claim should be approved. This takes another 30 to 60 days depending on the amount of additional evidence submitted. If rejected again, you will be asked if you want to have a hearing before an Administrative Law Judge. If you request a hearing, it could take several months to a year to get a hearing, depending on the caseload of the local Office of Hearings and Appeals. The Tampa Office of Hearings and Appeals handles most of west central Florida, including Hillsborough, Pinellas, Pasco, Hernando, and Bradenton Counties.
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Do I need a lawyer?
Having a lawyer greatly increases your chances of approval especially at the hearing level. The lawyer’s job is to review and collect your medical records. Consult and ask for input from you doctor’s where necessary. Obtain consultive examinations from physicians or obtain functional capacity evaluations if needed. Prepare you or other witness for giving testimony before the Judge. Summarize your medical records and prepare memorandum of law in support of your claim for the court. The lawyer will also ask you questions in court, cross examine experts used by the Social Security Administration in court, and file an Appeal in your case if necessary.
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How does my lawyer get paid?
Your lawyer gets paid only if you win your case and back due benefits are owed. In that case, Social Security will withhold 25% of your past due benefits to pay your lawyer, up to a maximum amount. Right now that maximum is $5,300 dollars.
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Can I work and still get social security disability?
Yes, as long as the earnings fall below the substantial earnings amount. That amount varies from year to year, and the amount is available at Social Security’s website. The rules are different for those receiving SSI.
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What is the difference between Supplemental Security Income (SSI) and Social Security Disability Income (SSDI) ?
Disability Income is based on the amounts you paid into Social Security over the years through FICA taxes withheld from your paycheck. In order to receive disability income you have to have 40 quarters of coverage. Disability benefits are payable regardless of your assets and non-earned income. If you don’t have enough quarters of coverage you may only be eligible for SSI benefits, which is a monthly benefit available to disabled individuals who meet certain income and asset limitations. Those exact income and asset limitations are also available at Social Security’s website.
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