Orlando Social Security Disability Lawyers
The process of applying for and obtaining social security/disability benefits can be tedious, frustrating, confusing, and burdensome. The majority of people who apply for social security/disability benefits get rejected the first time, especially if they don’t use an attorney.
Social Security Disability Insurance (SSDI) is a federal insurance plan funded by payroll taxes and managed by the Social Security Administration (SSA). The purpose of SSDI is to provide supplemental income to eligible disabled Americans who cannot work because of their disability. SSDI benefits are either provided temporarily or permanently, depending on the severity, type, and permanency of the recipient's disability.
Here are a few important things you should know about SSDI benefits:
Alleged Onset Date
When you apply for social security disability benefits, you must include the alleged onset date (AOD). The alleged onset date is the date that you became disabled. As part of the review process of your application, the SSA will determine whether the date you provided is correct and will declare an established onset date (EOD). You will be eligible for social security disability benefits starting five months after the established onset date, and you may be able to receive these benefits for retroactive back pay going back up to 12 months.
Alleged Onset Date vs. Established Onset Date
The established onset date (EOD) is the date that the Social Security Administration determines as the onset date of your disability. The SSA does not have to accept your alleged onset date of disability and may determine a different date as the established onset date based upon whatever evidence or information you have supplied. The SSA must, however, have medical evidence that supports its decision.
Therefore, we are always careful to include sufficient evidence of the onset date of your disability. The difference between the EOD and the AOD can mean a difference of thousands of dollars to you and your family.
The SSA may deny a claim for SSDI if it is not properly completed or filed or if the SSA determines that the applicant is ineligible because he or she does not meet work, disability, and other requirements. The experienced Social Security Disability attorneys at The Trial Professionals use our vast experience and resources to handle Social Security appeals for clients throughout the entire State of Florida.
Determining Your Eligibility
We are here to answer your questions about determining your eligibility for SSDI benefits, and we hope that you will find helpful insight on our website as well. To determine whether or not you may be eligible for SSDI benefits, ask yourself the five simple questions below. If you have any additional questions, you can always call or email The Trial Professionals for a confidential, free consultation.
The SSA has strict qualifications in place to determine whether a social security disability applicant is genuinely disabled and, therefore, unable to work. In short, the SSA has a list of recognized disabilities. If the applicant's physical or mental condition is not included in the SSA's list of disabilities, however, the condition must be severe, must interfere with the applicant's ability to perform his or her previous job and must keep him or her from working in other areas. You must be out of work or must anticipate that you will be out of work for at least 12 continuous months. The applicant will have to provide sufficient medical evidence of his or her disability to his or her local Social Security office.
Filing for Benefits
You can file for benefits online, over the phone, by visiting your local Social Security office or through the help of The Trial Professionals. In applying for social security disability benefits, you will need to provide detailed information about yourself and your disability, and you are encouraged to attach medical records and other evidence to prove you are disabled.
How Are Benefits Calculated?
The SSA uses a four-step formula to calculate the monthly benefit amount that a disabled worker or eligible family member may receive. This formula takes into account the disabled worker’s earnings from the age of 21 to the first year of eligibility. The Trial Professionals can help explain this formula and help you determine what amount of benefits you may be entitled to receive.
Mental Disorders and SSDI
Mental disorders can qualify an applicant for SSDI benefits if a psychological or mental disability impairs the applicant’s ability to work. Approximately 20% of Social Security disability awards in 2011 were for a diagnosed mental disorder such as mental retardation, autism, post-traumatic stress disorder, depression and schizophrenia.
Social Security Disability Appeals
In 2011 approximately 9.8 million people were receiving Social Security disability benefits. Approximately 66% of Social Security Disability applications are denied by the SSA the first time around, so it is extremely important to understand your options to appeal. The Trial Professionals are prepared to take the necessary steps to help you appeal a determination by the Social Security Administration, including requesting reconsideration, requesting a full review, and, finally, appealing the initial determination with the Appeals Council.
Social Security Disability Hearings
If you receive an unfavorable decision from the Social Security office and file a request for reconsideration that also results in an unfavorable decision, the next step is a request a full formal review. This request for review will formally start the hearing process. All Social Security disability hearings are presided over by Administrative Law Judges who work for the SSA. The Administrative Law Judge assigned to your case will review the evidence and consider testimony from the applicant and any additional witnesses such as work supervisors and doctors to reach a new decision.
Types of Benefits Available
The Social Security disability program has several different types of benefits available to qualified applicants. The most common type of benefit for disabled workers and their eligible family members is a cash benefit on a monthly basis. Disabled widows and widowers as well as disabled adult children may also be eligible for benefits such as Medicare benefits and vocational rehabilitation services. SSDI benefits may be received at the same time as other benefits, such as workers' compensation, long-term disability, short-term disability, retirement pension or union disability. Certain limitations apply, however, so it is important to get information that pertains to your specific case. Medicare coverage may also available to recipients of SSDI benefits after they have received Social Security disability benefits for two years.
We have a great deal of experience in assembling complete and thorough applications for benefits that we believe may give our clients the best chances for being approved for social security/disability.
Get Counsel for SSDI Applications & Appeals When You Call 800-874-2577
The Orlando Social Security Disability attorneys at Trial Professionals, P.A., can help you with your claim from start to finish. We accept SSDI claims for clients across the state of Florida and have done so for many years. We will help you obtain and file all evidence necessary to successfully apply for SSDI benefits.
Moreover, if your claim has already been denied, we will be happy to carefully assess the circumstances surrounding the denial and help with an appeal. Our Social Security Disability department handles these cases on a contingent fee basis, which means that we only get paid if you do. Do not hesitate to get the professional help you need, contact The Trial Professionals P.A.
Set up a free consultation when you call 800-874-2577. Our specialists have 100+ years’ collective experience.