Social Security Disability
The Law Firm of Kevin A. Moore is a well respected and established law
practice based in the Tampa – St. Petersburg area of Florida. We have
in-depth experience in Social Security Disability benefits, and work
diligently to provide expert legal advice and representation to our clients
throughout Florida, including Tampa, St. Petersburg, Clearwater, and other
communities in the counties of Hillsborough, Pasco, Pinellas, Sarasota,
Manatee, Hernando, and Polk.
If you are disabled due to either a physical or mental condition, or a
combination of both, and are considering filing a Social Security disability
claim, we hope that this web site will be of help to you in better
understanding the process.
By law, Social Security has a very strict definition of disability, and one
which is different than other programs. Social Security pays only for total
disability. No benefits are payable for partial disability or for short-term
disability. "Disability" under Social Security is based on a claimant’s
inability to work. You are considered disabled under Social Security rules
if:
- You cannot do work that you did before;
- Social Security decides that you cannot adjust to other work because
of your medical condition(s); and
- Your disability has lasted, or is expected to last, for at least one
year or to result in death.
Social Security program rules assume that working families have access to
other resources to provide support during periods of short-term
disabilities, including workers' compensation, insurance, savings and
investments.
You will not qualify for disability simply because your doctor tells you
that you are disabled. You will have to file a disability claim and you, as
the claimant, must prove that you meet the Social Security’s definition of
disabled. Unfortunately, the Social Security's disability claim evaluation
process is a complex and often confusing system that involves multiple
levels of appeals and review. The assistance of a qualified lawyer to
negotiate through the complexities of the Social Security disability system
can be invaluable. The qualified and experienced lawyers at the Law Offices
of Kevin A. Moore can help in identifying and gathering evidence to prove to
Social Security that you cannot work and are deserving of benefits.
Social Security pays disability benefits under two programs:
- Social Security Disability Insurance (SSDI) for insured workers,
their disabled surviving spouses and children (disabled before age 22)
of disabled, retired or deceased workers;
and
- Supplemental Security Income (SSI) for people with little or no
income and resources.
Social Security Disability Insurance (SSDI)
In addition to meeting Social Security’s definition of disabled, you must
have worked long enough (and recently enough) under Social Security to
qualify for disability benefits. Social Security work credits are based on
your total yearly wages or self-employment income. You can earn up to four
credits each year.
The amount needed for a credit changes from year to year. In 2008, for
example, you earn one credit for each $1,050 of wages or self-employment
income. When you've earned $4,200, you've earned your four credits for the
year. In 2009, you will earn one credit for each $1,090 of wages or
self-employment income. When you've earned $4,360, you've earned your four
credits for the year. The number of work credits you need to qualify for
disability benefits depends on your age when you become disabled. Generally,
you need 40 credits, 20 of which were earned in the last 10 years ending
with the year you become disabled. However, younger workers may qualify with
fewer credits. It is important to remember that, whatever your age, you must
have earned the required number of work credits within a certain period
ending with the time you become disabled. Your Social Security Statement
shows whether you meet the work requirement at the time it was prepared. If
you stop working under Social Security after the date of the Statement, you
may not continue to meet the disability work requirement in the future.
Supplemental Security Income (SSI)
Supplemental Security Income (SSI) is a Federal income supplement program
funded by general tax revenues (not Social Security taxes):
- It is designed to help aged, blind, and disabled people, who have
little or no income;
and
- It provides cash to meet basic needs for food, clothing, and
shelter.
It is important that you file an application for Social Security
Disability benefits as soon as possible. Social Security does not pay
benefits for time periods earlier than the effective date of your
application. You can apply on-line, apply in person, or over the phone. The
process may move a little faster if you schedule an appointment with your
local Social Security Office and file your papers in person. In addition to
a complete medical history pertaining to the disability, you will be
required to present other documents, such as a birth certificate, proof of
employment, etc., in order for your claim to be processed. An experienced
lawyer can be invaluable to assist you in determining exactly what
documentation and information is needed to present with your application and
reduce the risk of denial.
Unfortunately, a high percentage of Social Security Disability applications
are denied. However, there are various levels of appeal available, and the
lawyers at the Law Offices of Kevin A. Moore have experience in navigating
the complex regulations and deadlines that govern Social Security appeals.
You can apply for reconsideration within sixty days from the first denial,
and it is critical to file a Request for Reconsideration
within this sixty days time period. The Request for Reconsideration may be
filed by either you or your lawyer at the local Social Security Office, and
will involve an informal hearing in the office where your application was
processed. Again, a high percentage of all reconsiderations are denied. If
this is the case, you can then move to the next step in the appeals process
which is to file a Request for Hearing. It is critical that
the Request for Hearing be filed within sixty days from the denial of the
Request for Reconsideration. With the assistance of an experienced Social
Security Disability lawyer, earlier denials of disability benefits are
frequently overturned.
If your claim continues to be denied, there are still additional levels of
appeals which can be exercised. The services of a disability lawyer familiar
with the regulations and course of action associated with such further
appeals can be very important at this stage of the process.
After approval of a disability benefit, and dependent upon the severity of
the claimant’s condition, cases are reviewed periodically to make sure that
the claimant is still disabled. Periodic visits to see a doctor are
recommended, so that any physical complaints and lack of improvement can be
documented.
More in-depth information on Social Security Disability benefits may be
found at the following resources:
http://www.ssa.gov/
http://www.ssdrc.com/
http://www.4socialsecuritydisability.com/
http://www.cbsnews.com/stories/2008/01/14/eveningnews/main3712382.shtml
We hope that this web site has answered some of the questions you have
regarding Social Security Disability benefits. It will be our privilege to
serve as your legal representative in any Social Security Disability claim
that you may have.
