Social Security Disability

Disability Lawyer in Melbourne, FL

Whether you are seeking Social Security Disability (SSDI) or Supplemental Security Income (SSI) benefits, the process can be frustrating, overwhelming, and discouraging. The unfortunate reality is that many qualified claimants are denied because they do not possess the know-how to get their disability claim approved and do not seek guidance from qualified Social Security Disability attorneys. Many people who apply are denied, and then denied again before getting approved for benefits.

Turned down for Social Security Disability? Has your SSI Claim been denied? Don’t worry.

Frequently Asked Questions

We will help answer these questions:

1. What is Social Security Disability and (or) SSI?

Under the federal Social Security Disability Act, “disability” means the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or is expected to last for a continuous period of not less than 12 months.”

Social Security Disability benefits (SSD)

Are paid to individuals who have worked in the recent years. Usually you have to work 5 out of the last 10 years. For individuals under 31 years old, the requirements are a little different since they have not been in the work force as long.

Supplemental Security Income benefits (SSI)

Are paid to individuals who are low income individuals/families and disabled whether or not the individual has worked in the past. SSI child’s disability benefits are paid to children who are under 18 years old, are disabled and the parents or guardians are of lower income.

2. If I become disabled, how long do I have to wait to apply for Social Security Disability and or SSI?

If your disability is expected to last for at least a year you should apply for your Social Security Disability benefits immediately.
Many people make the mistake of waiting months and some even years after becoming disabled before filing a their Social Security disability claim.

3. Can a mental illness serve as the basis for a Social Security disability claim?

Yes. Mental illness is a frequent basis for awarding Social Security disability benefits.

4. Should I tell my doctors that I applied for disability?

Yes, your physicians should be supportive of you filing for your disability benefits. During the case, they will need to provide statements concerning your physical or mental health limitations.

5. How far back will Social Security pay benefits if I am found disabled?

For SSD, there is a waiting period of five months, after your onset date of disability, through the date you have been accepted. However, Social Security will only give you a retroactive pay for one year prior to their application date.

For SSI, benefits are paid beginning the following month after your application date, through the date you have been accepted.

6. Do I have to hire a lawyer to represent me in my Social Security disability claim?

No. You can go through all of the levels of appeal on your own, however, experienced attorneys will make legal arguments to the judge and correspond with your medical providers about the severity of your condition, of which will improve your chances of success!

7. How do lawyers who represent Social Security Disability Claimants get paid?’

The Social Security Administration sets the perimeters for attorney’s fees. If an attorney handles one hearing at the administrative level, and the client receives a favorable decision, the attorney will receive 25% of your back pay, up to the maximum amount that Social Security pays, whichever is less. No attorney fees are paid on cases that were not won.