When you or your child suffers from a disabling injury or health condition, you are entitled to disability benefits. There are two main federal disability programs that serve different populations. The application process for each program is challenging, and it is common for the government to deny an initial application.
A Kissimmee Social Security disability lawyer at Colling Gilbert Wright could explain the programs, help you complete your application, and appeal a denial if needed. You can rely on our dedicated attorneys to do everything possible to expedite your receipt of benefits and protect you from financial hardship.
Disability Benefits for Adults Who Cannot Work
If you cannot work due to a physical or mental disability, you were once in the workforce, and you have not yet reached retirement age, you can apply for Social Security Disability Income (SSDI) benefits. In most cases, you must have 40 Social Security credits to get SSDI, which translates to 10 years in the workforce. If you are younger and did not accumulate 40 credits before becoming disabled, you may be eligible for SSDI in some circumstances.
SSDI benefits depend on how much you earned before you became disabled, not the value of your assets. If your disability results from medical malpractice or an accident and you receive funds from a lawsuit, you can still be entitled to SSDI.
You typically qualify for SSDI if your disability will last for at least one year or if it will result in your death. You must have medical records that support the duration of your disability and its long-term impact. Our Kissimmee Social Security disability attorneys could help you complete the application and collect supporting documentation that demonstrates your eligibility for SSDI benefits.
Benefits for Children and Severely Disabled Adults
If your child is severely disabled by a congenital condition, birth injury, or accident, they may be eligible for Supplemental Security Income (SSI) benefits. Because they have no work history, they are not able to receive SSDI.
SSI is a means-based program, so if your child lives with you or another parent, the government will consider any parental assets when determining your child’s SSI eligibility. The rules are complex, and some assets are excluded from the means calculation. It is always worthwhile to get legal advice rather than assume that your home or other assets will disqualify your child.
If your child’s disability is the result of someone else’s negligence, the manner in which you handle any financial settlement can impact your child’s continuing qualification for benefits. Depending on the circumstances, our experienced Social Security disability lawyers in Kissimmee might recommend establishing a special needs trust or structured settlement to preserve your child’s eligibility for SSI benefits.
Navigating the Appeals Process
Nationwide, less than 40 percent of initial applications for Social Security disability benefits are approved. Each state handles applications from its own residents, but our local approval rates are similar to the national average. Even if your application is accurate and complete, you may need to submit it more than once before you receive approval for your request for benefits.
If you receive a denial for your first application for Social Security disability benefits, contact one of our attorneys at The Florida Firm in Kissimmee immediately. We could analyze the reason for the denial, review your application, provide additional information if necessary, and request reconsideration. You have only 60 days from the date of the initial denial to apply for reconsideration, so it is important to act quickly.
If the reconsideration produces another rejection, we could request a hearing before an administrative law judge. The hearing is similar to a trial in that you can present evidence and witnesses and cross-examine the government’s witnesses. If the hearing does not produce a favorable result, our attorneys may advise bringing a federal lawsuit.
Consult an Attorney About Applications for Social Security Disability Benefits in Kissimmee
Your stress levels are probably already high if you are trying to adapt to a disability or are caring for a disabled child. Federal disability benefits can provide crucial financial assistance, but the application process can be time-consuming and frustrating. Our Kissimmee Social Security disability lawyer has years of experience helping people in similar situations to yours obtain the benefits they deserve. The initial consultation is always free, so contact us to find out how we could help you obtain SSDI or SSI benefits.