Questions About Social Security Disability

Representing Orlando, Tampa, Miami and Nearby Areas of Florida

Am I eligible for Social Security Disability benefits?

If you become disabled after working at a job that is covered by the provisions of the Social Security Act, you are most likely eligible for Social Security Disability benefits. However, you will need to have worked at your job for a certain amount of time to be deemed eligible. This required length of time varies according to your age and when your disability occurred.

As defined by the Social Security Administration, a disability can be physical, emotional, or a combination of both. In order to receive benefits, your disability must be severe enough that it prevents you from working a regular-paying job for at least a year. This can be difficult to prove, as many disabling conditions are hard to diagnose with objective testing.

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 which office you submitted your application to. 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 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
  • Disabled

In general, children who are dependent on a disabled parent can receive around 50% of the disabled parent’s monthly benefits. This 50% will be divided equally among every eligible dependent.

Does having an attorney really 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.

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.

If you live in Florida and have further questions about Social Security Disability, please contact our experienced Florida disability claims lawyers today for a free initial consultation. Colling Gilbert Wright & Carter can be reached online or by phone at (855) 880-4741.