Many people stricken with a disability who are not able to work may be eligible for the U.S. Social Security Administration’s disability insurance (SSDI) to help close the financial gap they may be experiencing. A skilled attorney could work to ensure you receive the full benefits you are entitled to under the law. Contact a Broward County SSDI lawyer today to get started on your case.
Federal law defines disability as the inability to perform any “substantial gainful activity.” The disabled person must prove they are disabled and that the disability will last for at least 12 months, a claim which can be supported by evidence from a physician or behavioral health professional. The disability can be partial or temporary.
The person seeking SSDI also must have contributed to the U.S. Social Security system for at least 10 years. The amount of disability payments is determined by the total income the person earned and paid into social security, along with other factors. Children who become disabled before they were 22 years old may also receive SSDI payments if they are the children of social security beneficiaries.
It can take some time to become qualified for SSDI, so the application process should be completed as early as possible, as well as without any errors which can delay or cause a denial of the claim. Individuals should speak more with Broward County SSDI lawyers to learn more about eligibility.
Supplemental security income (SSI) is based on need. Tax records or other records need to show applicants have low incomes and limited financial sources in order for those applicants to qualify. SSI is also available to those who are disabled or blind and have reached the age of 65.
The spouse of a deceased social security beneficiary who is receiving disability payments cannot also receive money from the spouse’s account, so the payment provided will be the higher of the two amounts. It is recommended to contact a Broward County attorney to learn more about SSI.
A significant number of first-time disability claims often are denied for one or more of a variety of reasons.
These include missing information on the claim forms, unsatisfactory answers provided, inadequate medical proof, failure to use prescribed medicines or follow treatments, and a challenge to the stated duration of disability. Additionally, claims may be denied if the applicant’s income is too high, or the applicant did not attend a required consultative medical or mental health examination.
Applicants with denied claims have avenues under administrative law for challenging denied claims. The claimant has a right to formally ask the Social Security Administration to reconsider its decision and to provide corrected information and evidence in support of such a reversal that was not previously provided with the claim.
If that fails, the claimant can apply for a hearing by a judge of administrative law, which is considerably different from civil law and less formal. Should the judge side with the government, the claimant can ask the social security appeal council for a decision. The appeal council may or may not decide to intervene. The last resort is to file an appeal with the Florida Federal District Court of Appeals.
If the SSA denied you disability coverage, free legal advice is available from skilled Broward County SSDI lawyers. Dedicated attorneys can assist you by applying the law to your circumstances to determine if disability benefits can be achieved. They will also fight for your rights in obtaining the disability benefits you deserve.