Do You Need a Lawyer To Get Social Security Disability Benefits in Florida?
A Florida Social Security lawyer can provide valuable support when facing a debilitating injury or condition that keeps you from earning a sustainable living. We know what a painful situation this is to be in. Fortunately, Social Security Disability benefits can help—but only if your application is approved. Most, unfortunately, are not.
While you do not necessarily need a lawyer to help you through the application process, working with an experienced Social Security attorney can improve your chance of approval. An attorney can also be a helpful ally if you have wrongfully been denied benefits.
If you or a family member is currently navigating the Social Security Disability system, we recommend getting in touch with a Florida Social Security lawyer as soon as possible. At Colling Gilbert Wright, we support disabled people and their family members. We can help ensure you receive the benefits you need and deserve. To schedule your FREE case review, call us today at (407) 759-7948.
Social Security Disability & Eligibility
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are federal programs designed to support those who are unable to work or make an adequate income because of disabilities.
While these programs are much-needed protections for people with disabilities, the process for obtaining benefits—and even understanding what you qualify for—can be complicated and overwhelming.
First, you need to know what it takes to qualify for Social Security Disability Insurance payments, after which you can get a better sense of what you may be eligible to receive in monthly payments.
What Automatically Qualifies You for SSDI in Florida?
There are two criteria for qualifying for Social Security Disability:
- You must suffer from a disability or blindness
- You must have enough work history
In terms of work history, you generally must have worked 5 out of the last 10 years to receive enough work credits, unless you are under the age of 24.
Work History Qualifications
The Florida SSA office looks at how long you have worked and how recently you have worked to determine if you’re eligible for SSDI. Your length of work is measured in Social Security credits, and you get a maximum of four credits per year based on income. Your age when you became disabled determines how many credits you need to qualify.
If you are younger than 24 when you apply, you must have earned at least six Social Security credits in the three years preceding your disability. Applicants between the ages of 24 and 31 need six credits plus one additional credit for each year between their 21st birthday and the onset of their disability.
Applicants between 32 and 40 must have earned 20 credits in the ten years before their disability, and the number of credits necessary rises as you age. Credits must have been earned within the preceding ten years if you are 32 or older when you apply.
Establishing a Disability
For the first criterion, the Social Security Administration (SSA) relies on the Disability Evaluation Under Social Security guidelines, referred to as the Blue Book. This is a full list of conditions and impairments that qualify individuals for Disability, from musculoskeletal conditions to immune system disorders. If your condition meets or exceeds the criteria listed in the Blue Book, the process for qualifying for Disability will generally be much easier.
If you are suffering from a debilitating condition not listed in the Blue Book, that does not necessarily mean you are unable to receive Disability benefits. However, it may be more difficult since you will need to be able to prove that your condition keeps you from making a living. A Florida Social Security lawyer could offer valuable guidance on how to build a strong claim for benefits.
Other Eligibility Criteria
Your disabling condition must be serious enough to prevent you from working for at least one year. You also qualify if your condition will eventually cause your death.
You must be unable to perform your current or last job due to your disabling condition. You are not eligible for Disability if you can still perform the job duties you had when you became disabled. You are unlikely to be approved if you are able to perform a similar job. The SSA will also evaluate whether you can work at any job.
Special Rules if Your Disability is Blindness
The Florida SSA office considers you blind if your corrected vision in your best eye is 20/200 or less, or if your visual field in your better eye is 20 percent or less. Your blindness must persist or be expected to persist for at least twelve months for you to be eligible for SSDI.
Some of the rules regarding work credits and allowable earnings are more generous if your disability is blindness. Our knowledgeable Social Security disability attorneys can explain the specifics and help you compile the documentation proving you qualify.
Eligibility for Supplemental Security Income (SSI) Benefits
The Florida SSA office uses the same criteria to determine whether your disability qualifies you for benefits, whether you are applying for SSI or SSDI. The difference is that SSDI benefits are for people who have paid into the Social Security system through working. SSI is available to people of limited means who have never worked or have not worked enough to qualify for SSDI.
Low-income people aged 65 or older, and people of any age with blindness or other disabilities, can apply for SSI. Your income must be below a limit that changes annually, and you must have few other assets. The team at The Florida Firm can explain the income and asset limits currently in effect when you apply.
How Much Does Florida Pay for Social Security Disability?
Since Social Security Disability is a federal program, Florida does not technically pay for Disability. Instead, the federal government covers SSDI and SSI payments.
How much SSDI you are eligible for depends on several factors, including your average earnings while you worked and how much Social Security tax you have paid. It’s a complicated calculation, so the best way to determine what you would be eligible for is to create an account and enter your information on the SSA’s website, which will then calculate your estimated monthly payments.
A few important numbers to know:
- While the maximum monthly payment for 2024 is $3,822, this is far more than what most recipients get. In September of 2024, the average monthly payment was just $1,672.65.
- When it comes to SSI, the maximum monthly payment is $943 for an individual and $1,415 for a couple. But again, how much you will actually receive depends on a range of factors and most SSI beneficiaries do not receive the maximum payment.
If these benefits are not enough to cover your and your family’s needs, you may also qualify for assistance from programs offered by the Florida Department of Children and Families.
Do You Need a Lawyer To Get Disability in Florida?
While you do not need a lawyer to qualify or apply for Disability, an attorney can help you navigate the process for you. Each year, over 2,000,000 Disability claims are submitted to the SSA, and most of these claims are denied.
Working with a Florida Social Security lawyer can help increase your chances of approval by guiding you through the process and ensuring all of your documentation and records are complete while helping you avoid mistakes that could delay your approval or lead to a denial.
Read More: When Should I Talk to a Social Security Disability Lawyer?
Is Florida a Hard State To Get Disability?
Since SSDI and SSI are federal programs, how difficult it is to get Disability should not depend on which state you are in—but that’s not necessarily the case since cases are reviewed by state SSA offices.
According to research, while Florida is not one of the hardest states to get Disability, it’s also not one of the easiest with 40% of initial applications resulting in approvals. Hence, improving your chance of an initial approval may require a great deal of preparation—and possibly an appeal if your initial approval is denied.
The attorneys at The Florida Firm are skilled litigators and could present a compelling and persuasive case if your initial application was denied and you request a hearing.
How Long Does It Take To Get Approved for Social Security Disability in Florida?
There are a few steps required for Disability approval:
- An SSA field office must first review an applicant’s eligibility based on non-medical requirements. This typically takes 2-3 weeks.
- The State Disability Determination Services (DDS) reviews the applicant’s eligibility based on their medical condition. On average, this takes 180 days.
- The SSA field office approves or denies the claim. This usually happens relatively quickly.
All told it takes about 7 months on average for a claim to be approved or denied, according to the SSA.
How Can a Social Security Disability Lawyer Help You?
Because of how long it takes for claims to be processed by the SSA, it is critical that your application is well-prepared. A Social Security attorney can help you do this by:
- Compiling medical documentation
- Preparing and filing your application
- Identifying and planning for any potential roadblocks
In most cases, this experience and attention to detail can improve your chances of approval.
If your claim is denied, a Florida Social Security lawyer can help by filing appeals, representing you at hearings, gathering additional evidence, and more.
Reach Out to a Florida Social Security Lawyer at Colling Gilbert Wright Today
If you are applying for Social Security Disability benefits or your application has been denied, the experienced attorneys at Colling Gilbert Wright are here to help. We understand how frustrating it can be to deal with the system, and our goal is to simplify the process for you and your family while giving you the best chance of receiving benefits. We have an excellent reputation among our legal colleagues and other area professionals, who routinely send their family members and clients to us when they need help with Social Security Disability issues.
To get started, contact Colling Gilbert Wright today for a FREE case review with our Florida Social Security lawyers. We proudly serve our neighbors in Orlando and throughout Florida.
