Social Security Disability is a federal government program that provides disabled people with compensation so that they will be able to have a source of income when they are no longer able work. For many disabled Floridians, Social Security Disability provides the assistance they need to survive.
If you or a loved one is applying for Social Security Disability or your application has been denied, contact an experienced attorney at Colling Gilbert Wright & Carter to discuss the next steps for your disability claim: (407) 712-7300. We represent clients in Orlando and throughout Florida.
Understanding Social Security Benefits
There are two different forms of Social Security:
- Social Security Disability: Social Security Disability provides income and benefits to people who have worked and paid social security taxes in the past, but are now too disabled to gain income.
- Supplemental Security Income: Supplemental Security Income provides disabled individuals with income regardless of whether or not they have been employed in the past.
For both Social Security Disability and Supplemental Security Income, you must show that your disability will prevent you from gaining income or employment for at least one year.
Applying for Social Security Benefits
The application process for Social Security Disability and Supplemental Security Income can be very difficult. We will work with you and help you apply for the benefits you need. Sometimes, legitimate claimants are denied social security disability because they fail to complete all the appropriate forms or provide convincing evidence of their disability.
If you are denied Social Security Disability, we will help you appeal the decision until you recover the benefits you need. Our attorneys have experience reviewing medical records and showing that our clients deserve Social Security benefits.
Once your Social Security Disability has been approved, you will be reimbursed compensation for the benefits you would have been receiving from the time you first applied.
Questions About Social Security Disability
The process of getting social security disability and benefits can be a long, arduous process, and you likely have many questions. Some of the most common ones our Orlando disability claims lawyers hear include:
Am I Eligible for Social Security Disability?
The Social Security Act has provisions that cover employees who become disabled after working at a job, which entitles you to social security disability benefits. There are stipulations on eligibility, though. You must have worked at your job for a certain length of time, which varies based on your age and when the disability occurred.
What Types of Disability Qualify for Social Security Disability?
The Social Security Administration defines a disability as a long-term injury that can be physical, emotional or a combination of the two. The impairment must be severe in that it prevents you from working for a year or longer to qualify for benefits. The severity of your disability may be challenging to prove, as many conditions are difficult to diagnose.
How Long Will It Take Social Security to Reach a Decision About My Benefits?
The processing time for your Social Security Disability claim will vary depending on where you submitted your application. In most cases, it takes around 4-6 months before a decision is reached. If your initial claim is denied, it can take anywhere from 3-5 months for a reconsideration (first appeal) to be processed. If you make a second appeal (requiring a hearing), this can take 9-15 months or more.
Can I Lose My Social Security Disability Benefits?
Although it doesn’t happen often, it is possible for you to lose your disability benefits if your medical condition improves to the point that Social Security considers you physically and emotionally capable of performing a regular job in the workplace. In order to cut off your benefits, the Social Security Administration needs to provide evidence that there has been a medical improvement in your condition.
Are My Children Entitled to Benefits?
Children who are 18 and under or children who have not yet graduated high school may be entitled to benefits if their parent is retired, deceased, or disabled. In general, children who are dependent on a disabled parent can receive around 50 percent of the disabled parent’s monthly benefits. This 50 percent will be divided equally among every eligible dependent.
Does Having an Attorney Increase My Chances of Winning My Social Security Disability and/or SSI claim?
Statistically, claimants with a legal representative are far more likely to win their claim. An experienced attorney is familiar with the type of proof that the SSA requires and can eliminate the possibility of errors being introduced in your complicated paperwork. That increases your chances of winning your claim without having to go through the appeals process.
Having legal help is also invaluable for people whose disability makes it difficult for them to visit a Social Security office themselves and wait in long government lines. If your Social Security Disability claim is not won, no fee will be collected.
Contact an Attorney About Your Social Security Disability Claim
If you are disabled and would like to apply for Social Security Disability or Supplemental Security Income, find out how Colling Gilbert Wright & Carter can help. Call (407) 712-7300 or contact our firm online today for a free review of your case. Our attorneys serve clients throughout Florida, including the Orlando area.