If you or your child is seriously hurt in an accident, it can create financial havoc for your family. You may not have the time or energy to figure out how to get help when you are recovering from your injury.
Many people, including other lawyers, turn to The Florida Firm when they need help managing a severe injury. A DeLand Social Security Disability lawyer from our firm could explain the benefits you may be entitled to receive and help you apply for them. Our attorneys could also ensure that any compensation you or your child receives from a personal injury claim does not prevent you from collecting benefits.
Understanding the Two Programs
The Social Security Administration manages two programs for people with disabilities. The application and appeals process is similar for both programs, though they serve different populations.
Supplemental Security Income
The Supplemental Security Income (SSI) program is available to people of limited means who are over 65, blind, or permanently disabled. Children who are blind or disabled may also qualify for SSI benefits.
SSI payments are designed to support low-income people, and eligibility is based on income and assets. Some assets do not count for the purposes of SSI eligibility. A DeLand Social Security Disability attorney at The Florida Firm could help you determine whether you or your child may be eligible for the SSI program.
Social Security Disability Income
Social Security Disability Income (SSDI) is available to people who were formerly in the workforce but can no longer work due to a disability. The disability must be severe enough to prevent you from working for at least one year. Fatal conditions also qualify for SSDI.
In most cases, you must have worked for at least five of the preceding 10 years to be eligible for SSDI benefits. The payments are based on your income before you became disabled and will not exceed 80 percent of your pre-disability earnings.
Applying for Social Security Benefits
The application process for both programs involves compiling substantial documentation to prove your eligibility. Our team is experienced with the process and could help you every step of the way.
Both programs deny a high percentage of initial applications. Working with our DeLand attorneys may increase your chances of success on your first Social Security Disability benefits application. If you receive a denial, we are prepared to help you appeal the decision.
We may request reconsideration and provide additional information if necessary. In some cases, we might recommend requesting a hearing before an Administrative Law Judge (ALJ). An ALJ hearing allows you to present evidence and witnesses as well as cross-examine witnesses the government presents. You have only a short time to appeal a denial of benefits, so acting quickly is essential.
How Money From a Legal Claim May Impact Benefits
Many people become disabled due to work accidents. If you are receiving total permanent disability payments from workers’ compensation and the total benefits you receive exceed 80 percent of your pre-injury wages, that income will impact the extent of your SSDI payments. The amount of SSDI you receive will be adjusted downward to meet the threshold, while your workers’ compensation payments will not be affected.
Your eligibility for SSDI is an entitlement based on the number of quarters you paid into the system. Proceeds from personal injury claims will not impact your eligibility for SSDI benefits, but can impact SSI eligibility.
Our Social Security Disability benefits attorneys in DeLand could work with you to preserve your or your child’s SSI eligibility. One solution is to put proceeds from a personal injury claim into a special needs trust. A structured settlement that distributes funds over time rather than in a lump sum may also preserve eligibility for disability benefits.
Contact a DeLand Attorney to Apply for Social Security Disability Benefits
If you or your child suffers a severe injury, disability benefits can help ease your recovery. Unfortunately, accessing the benefits you are entitled to is often time-consuming, tedious, and frustrating.
You can make this process easier for yourself by working with a DeLand Social Security Disability lawyer. Our team at Colling Gilbert Wright could explain whether you will be entitled to benefits, help you apply for them, prepare an appeal if your application is denied, and ensure any money you win in a personal injury settlement does not affect your eligibility for benefits.
Contact us today for help with your disability claim.