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Titusville, FL Social Security Disability
Nearly everyone in the United States who has a job pays for Social Security Disability insurance; the program is funded by deductions from every paycheck. However, actually receiving these benefits if you become disabled may not be so easy.
Filing a claim can be complex and the odds of initially succeeding are not in your favor. The majority of initial applicants for Social Security Disability (SSDI) benefits are denied, and the number of denials has been trending upward. In 2017, nearly 70% of applicants were denied their initial claims, compared to around 60% in 2000.
After being denied, many applicants simply give up. But if you’ve been denied benefits, you should know that you still have options. There is an appeals process that can qualify you for disability benefits — and for your best chance of success, you should have an attorney on your side.
The Morgan & Morgan Titusville office can help. Whether you are filing an appeal or just starting out in the application process, we can navigate complex Social Security laws to help you receive the benefits you deserve. The consultation is free, and you never pay a fee unless we win your case.
To learn more, fill out our no-obligation case evaluation form and an attorney will research your claim and contact you.
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
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Types of Social Security Disability Benefits
The Social Security Administration (SSA) provides a number of different types of disability benefits for those who qualify, including:
- Disability Insurance Benefits: Social Security Disability Insurance (SSDI) covers those who were recently employed, but now have a disability. To be eligible, applicants need to have worked five out of the past ten years before becoming disabled. Supplemental Security Income (SSI) also falls under this category, and pays benefits to disabled children and adults with limited income.
- Disabled Adult Child Benefits (DAC): Claimants who are disabled and between the ages of 18 and 22 may be eligible for DAC benefits if their parents are receiving Social Security retirement or disability benefits, or if their parents are deceased.
- Disabled Widow or Widower (DWB): Widows or widowers over the age of 50 who become disabled within seven years of their spouse’s death could be eligible for DWB benefits. In order to qualify, the applicant must have been married for at least 10 years prior to the death of his or her spouse.
Qualifying Medical Conditions
The Social Security Administration (SSA) defines a disability as a serious medical condition that impairs someone from making a living, either from regular employment or other substantially gainful activities.
To qualify as disabled, the claimant must be anticipated to be impaired for at least 12 months, or the impairment must be expected to result in death. The SSA maintains a list of conditions they consider disabling, which include (but are not limited to):
- Most types of cancer
- Diabetes and other endocrine disorders
- Debilitating mental disorders such as autism, depression, schizophrenia, panic attacks, anxiety, post-traumatic stress disorder (PTSD)
- Skin disorders such as psoriasis, ichthyosis, burns
- Muscular or skeletal problems like back and spine conditions, amputations, arthritis, fractures, scoliosis, carpal tunnel syndrome
- Immune system disorders including multiple sclerosis (MS), lupus, rheumatoid arthritis, HIV/AIDS
- Respiratory illnesses including emphysema, asthma, cystic fibrosis, lung transplants
- Neurological disorders such as cerebral palsy, traumatic brain injury (TBI), stroke, epilepsy, Parkinson’s disease
- Digestive tract problems including liver disease, hepatitis, inflammatory bowel disease (IBD), Crohn’s Disease
How to Apply
You can apply for Social Security Disability benefits online. An experienced attorney can help guide you through the complex SSDI application process and avoid technicalities that could nullify your initial claim. We can assist you in:
- Preparation: A lawyer can help you gather all of the documents and information you need in order to prove your claim, including:
- All relevant personal information
- Military information (if necessary)
- IRS forms
- Bank account information
- Detailed medical records
- Medical and medication history
- Employment history
- Information on any other disability claims
- Monitoring your case: Throughout the application process, your attorney will track your claim and alert you to any new information requested by the SSA. We will work on your behalf to answer any questions and make sure your application is completed as thoroughly and accurately as possible.
- Finalizing your claim: If your claim is approved, your attorney will review all of the calculations involved to ensure your benefit amount is accurate, and answer any questions you may have regarding your claim. If your claim is not approved or the amount is not satisfactory, you are entitled to file an appeal.
- Preparation: A lawyer can help you gather all of the documents and information you need in order to prove your claim, including:
How to Appeal
Appealing a denied claim can be daunting — especially for those who are already coping with debilitating medical conditions. An attorney can save you the legwork and provide your best chance of success.
Appealing a denied claim involves a four-step process:
- Reconsideration: If your initial appeal is denied, your lawyer will file a request for reconsideration. A new claims examiner (not involved in the initial review) will consider your application, including any new evidence that supports your claim.
- Hearing: If the reconsidered claim is denied or if the results are not satisfactory, your lawyer can request a hearing with an administrative law judge. For the hearing, you may need to testify about your claim. Your attorney can help prepare you to answer questions, as well as call witnesses and experts to testify on your behalf.
- Appeals Council: If the rule of the administrative law judge is not satisfactory, you can appeal your case to the Social Security Appeals Council. They may (or may choose not to) grant you another hearing where your attorney will argue on your behalf for a better ruling.
- Federal Court: If your claim is denied for a review by the appeals council or if you disagree with the final ruling, you can file a lawsuit for review in federal district court.
Contact Morgan & Morgan
Whether you are filing a Social Security Disability claim for the first time or are considering an appeal, Morgan & Morgan can help. Our Titusville office is well-acquainted with Social Security Disability rules and will do everything in our power to help you receive the compensation you deserve.
If you are worried about how you can afford an attorney, don’t be. With Morgan & Morgan, you never pay anything unless we win your case.
To find out more, complete our free, no-obligation case evaluation form and one of our attorneys will be in touch with you.
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