Social Security Disability Lawyer In Tampa, Florida (SSD Lawyer)

Social Security disability lawyer in florida tampa

Searching Social Security Disability Lawyer In Tampa, Florida? You may be eligible to claim social security disability benefits if you are no longer able to work. It may be due to illness or injury, in all valid cases you can get the Social security disability benefits for your disability. Unfortunately, a lot of Social Security Claims are rejected or denied for various reason. You may need experienced Social Security Disability lawyer to get your claim approved. In all cases you can connect with Standley Law Office to get the best help for your claim.

Standley Law Office have years of experience for handling Social Security Disability claims, thanks to our experienced Social Security Disability Lawyer (s) in the Tampa.

CONTACT YOUR SOCIAL SECURITY DISABILITY LAWYER IN TAMPA

Get best services from our experienced Social Security Disability Lawyer in Tampa, Orlando & Miami.

OVERVIEW OF SOCIAL SECURITY DISABILITY PROCESS

To be qualified for Social Security Disability benefits you must meet Social Security Administration’s definition of “Disabled”, and present a convincing claim with necessary proofs. If your application is denied initially, you have limited time for your appeal to be heard. The first appeal is a reconsideration of the original denial and the second appeal is heard by an administrative law judge. If your claim is not approved, you have right to appeal to the Social Security Council, and Subsequently in Federal Court.

How To Determine SSD Eligibility?

Your disability must arise from a serious medical condition that is expected to continue for at least one year or until death. Whether physical or mental, the condition must have been diagnosed using acceptable medical techniques, and specific evidence must be provided to support your claim.

Social Security Disability Insurance (SSDI) is designed to provide benefits for people who have worked and paid into Social Security, but have suffered impairment through injury or illness and are unable to work. If you are unable to engage in any type of work for gainful employment, regardless of your occupation before you became disabled, you may be qualified.

The SSA has its own unique definition of “disability”. According to SSA, it differs from the definitions used by other programs. No benefits are payable under SSD for partial or short-term disability. For SSD purposes, you are considered disabled only if:

  • You are unable to do the work that you did before
  • SSA decides that you are unable to adjust to other work because of your medical condition
  • Your disabling medical condition has lasted for at least one year or is expected to last for at least one year or to result in death.

TYPES OF DISABILITY BENEFITS

There are two separate programs to pay out benefits to disabled by Social Security Administration:
1. The Social Security Disability Insurance (SSDI) program and
2. The Supplemental Security Income (SSI) program.
The Social Security Disability Insurance benefits are paid out of the Social Security fund but SSI benefits are not. This is a needs-based program, with benefits paid out of the general tax fund, and there is no work history requirement.

If you are disabled but cannot qualify for SSDI benefits because of insufficient work history, you may still be eligible for SSI benefits. The purpose of the Supplemental Security Income program is to provide benefits to disabled children and adults who have limited means.

Under the Social Security Act, the types of disability benefits available are:

  • Social Security Disability Insurance
  • Social Security Disability Insurance: Disabled Widow, Widower, or Surviving Divorced Spouse
  • Social Security Disability Insurance: Childhood Disability
  • Supplemental Security Income
  • Supplemental Security Income: Child’s Disability

HOW WE CAN HELP

At The Standley Law Firm, we have years of experience handling SSD claims. We can help you with your application, help ensure that you provide sufficient medical proof of disability, and represent you in the appeals process. As experienced attorneys, we can help ensure that your case is presented fully and professionally to the Administrative Law Judge.

Our Social Security Disability attorneys will protect your rights and work hard to help you get the benefits you need. Contact our firm today for sound legal counsel and top-notch representation in your Social Security Disability claim.

SOCIAL SECURITY DISABILITY FAQS

WHAT INFORMATION DO I NEED TO APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS?

Whether you apply for benefits online or visit a Social Security field office, you’ll need to gather and have available a number of documents to complete the application. They include:
– all medical records in your possession
– worker’s compensation payment information, including date of injury, claim number and settlement agreement
– names and birth dates of spouse and minor children
– dates of marriages and divorces
– information about military service
– checking account or savings account number for direct deposit of benefit checks
– employment work history information, types of jobs you had in the 15 years before you became disabled and dates you held those jobs

If you have the information available, you should expect the initial application process to take an hour.

MY DISABILITY CLAIM WAS DENIED. WHAT SHOULD I DO?

Many people who collect disability benefits are turned down initially.If you have received a SSDI denial letter, your first step should be to contact an experienced Social Security disability lawyer for a free evaluation of your disability claim. A knowledgeable Social Security Disability attorney at The Standley Law office can help you file an appeal and pursue your disability benefits to obtain the financial assistance you need.
There are four levels of the appeals process. If you have received a denial letter recently, you have 60 days from the date you received the letter to file a written request for an appeal. It can be confusing if you are unfamiliar with the appeals process. Our disability appeals attorneys will review your claim and develop a strategy to try to overturn the denial, based on many years of experience handling many claims.

What is a reconsideration?

The first level in the appeals process if your Social Security disability application is denied is to request a reconsideration of your application by Disability Determination Services.
A reconsideration involves a review of your entire file and the medical evidence of your disability by someone who did not take part in the initial decision.The reviewer will also consider any new evidence or information that you have about medical tests and treatments since you previously submitted information. The average time to do a disability application reconsideration is approximately 160 days, according to the Social Security Administration.

WHAT IF I DISAGREE WITH THE RECONSIDERATION DECISION?

You may appeal the reconsideration decision by requesting a hearing before an administrative law judge. The judge’s office will send you notification of the time and place of the hearing. You will be expected to present evidence supporting your claim for benefits and follow the rules of civil procedure. It is helpful to have an experienced disability lawyer represent you at the appeals hearing. An experienced Social Security Disability Lawyer at Standley Law Office can help you prepare for the hearing and help you understand the kind of questions the administrative law judge will likely ask. An attorney can help you gather new medical information and arrange for medical experts and other witnesses to testify on your behalf. After the hearing, the administrative law judge will make a decision based on all the evidence.
If you disagree with the judge’s decision, you may ask the Social Security Appeals Council to review the decision. The council may deny the request for a review if it believes that the judge made the correct decision. You may file a lawsuit in federal court if you disagree with the Appeals Council’s decision.

WHAT IS THE SOCIAL SECURITY’S DEFINITION OF SUBSTANTIAL GAINFUL ACTIVITY?

Whether an applicant can perform substantial gainful work is one of the Social Security Administration’s criteria for determining eligibility for disability benefits. Can you do any type of work, even if you cannot do your former job? Gainful work is any work done for pay or with the intention of profit. Work is considered substantial by the Social Security Administration if it entails significant physical activity, mental activity or some combination of both physical and mental activities. If a doctor determines that you can still do substantial gainful work, then you will not be eligible for disability benefits. Both part-time work and full-time work may be considered substantial gainful activity.

IS THERE A WAITING PERIOD FOR SOCIAL SECURITY DISABILITY BENEFITS?

If you qualify for Social Security Disability Insurance, there is a five-month waiting period before your disability benefits will begin. You will receive payment starting in the sixth full month after the date you are determined entitled to benefits. The amount of your Social Security Disability Insurance check will be based on your lifetime average earnings covered by Social Security.

WHAT IS A DISABILITY COMPASSIONATE ALLOWANCE?

Certain very serious medical conditions by definition meet Social Security’s definition of disability. If you or your loved one has been diagnosed with any of the approximately 200 most serious conditions, such as certain types of incurable cancer, you may obtain a compassionate allowance and have your disability claim application expedited. It may be processed in a few weeks, so disability payments can start. The 200 conditions that qualify for compassionate allowances include acute leukemia, inoperable bladder cancer, inoperable breast cancer, ALS/Parkinsonian Dementia Complex, esophageal cancer and liver cancer.

CAN MY FAMILY MEMBERS QUALIFY FOR DISABILITY BENEFITS?

Yes, certain members of your family who become disabled may be entitled to disability benefits based on your work history. They include:
– your spouse if he or she is 62 or older
– your spouse at any age if he or she is taking are of child who is disabled or younger than 16
– your unmarried child who is younger than 18, or younger than 19 if still in high school
– your unmarried adult child if he or she had a qualifying disability that started before the age of 22

CAN CHILDREN WITH DISABILITIES GET SOCIAL SECURITY BENEFITS?

A child with a disability age 18 or older may get Social Security benefits when a parent gets retirement or disability benefits. The child may also get benefits if a parent dies. The child’s disability must have begun before age 22.

WHAT HAPPENS IF I RECEIVE DISABILITY AND THEN RETURN TO WORK?

You will need to notify Social Security promptly if you receive Social Security Disability Insurance benefits or Supplemental Security Income assistance and your level of work activity changes. You have an obligation to report the changes. You will need to notify SSA if you resume work or your work duties or pay have changed. The SSA will give you a receipt showing that you have fulfilled your obligation.
If claims reviewers determine that you no longer qualify for disability benefits due to medical improvement or your ability to work at a level considered substantial gainful activity, your benefits will be stopped. The decision is typically effective in the month you receive a written notice.

Can I qualify for Social Security disability benefits if I get veterans’ benefits?

The Department of Veterans Affairs (VA) and the Social Security Administration (SSA) each have disability programs.  It is possible to receive disability benefits from both,; however, the criteria for receiving disability benefits through Social Security are different from the criteria for receiving disability benefits from the VA, and you must file separate applications.  For example, the VA may pay benefits for partial disability, but SSA pays disability benefits only to people with impairments so severe they prevent any kind of substantial gainful activity (SGA).  You may find that you qualify for disability benefits through one program but not the other, or that you qualify for both. 

For more information about whether you qualify and how to apply for disability benefits, see Social Security Protection If You Become Disabled.

If I get Social Security disability benefits and I reach full retirement age, will I then receive retirement benefits?

Social Security disability benefits automatically change to retirement benefits when disability beneficiaries become full retirement age. The law does not allow a person to receive both retirement and disability benefits on one earnings record at the same time.

REFERENCES

https://www.ssa.gov/benefits/disability/qualify.html

https://faq.ssa.gov/en-US/search/?q=disability

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