Pensacola Social Security Disability Lawyers
Emmanuel, Sheppard & Condon
Frustrated hardly begins to explain how many people feel when they have been turned down for their social security claim. At the SSD attorney law offices of Emmanuel, Sheppard & Condon, we hear it every day — Americans dutifully paying their social security taxes for years, only to have their government reject their claim. Clients come to us scared, confused, and frustrated, because they can't figure out what the Social Security Administration expects from them.
If you are filing a social security claim, or are filing for a request for reconsideration, contact the experienced social security disability lawyers of Emmanuel, Sheppard & Condon. We know that most initial social security claims are rejected. We also know the medical requirements that the government expects and we know how to help you gather the information necessary for a successful claim. There are no fees or costs unless we recover benefits for you.
Claiming Your Social Security Disability Benefits
Disability is something most people do not like to think about, but the chances of becoming disabled during one's lifetime are greater than most people imagine. In fact, according to studies performed by the Social Security Administration, one out of four workers will become disabled some time during his or her lifetime. Few people plan for disability. The Social Security Disability Program is designed to pay money to persons who are classified as disabled.
How is disability defined?
Definitions of disability are not the same in all government and private disability programs. Government agencies must follow the laws that apply to their specific disability programs. Although the Social Security Administration is required to take into consideration another agency's disability findings, a finding by a private organization or other government agency that a person is disabled does not necessarily mean that you meet the disability requirements of the Social Security Act.
Under the Social Security Act, Congress defined the term “disabled” as “an 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 which has lasted or can be expected to last for a continuous period of not less than 12 months.” In order for an individual to be determined to be disabled, it is required that “his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy in significant numbers.”
The criteria for entitlement to disability benefits are quite strict. Social Security does not recognize partial disability or short term disability. The criteria are stricter than the requirements under private disability policies and often stricter than what is required for eligibility for workers' compensation benefits. In order to qualify, it is necessary to prove total, 100% disability from any type of work in the national economy for which you are suited. In determining disability, the Social Security Administration uses regulations set forth by Congress in the Code of Federal Regulations.
Who Can Get Social Security Disability Benefits?
Generally speaking, you must have worked 5 out of the last 10 years immediately preceding the start of your disability. You must also have the required number of work credits. The number of work credits you acquire each year is based on the amount of money you earned in that year (up to a maximum of 4 credits per year). The number of work credits needed for disability benefits depends on your age when your disability began. If you have not worked during the last five years, you are probably no longer eligible for Social Security disability benefits.
How to Apply for Benefits
You should apply for social security disability benefits at your earliest opportunity. You may file for benefits by visiting any Social Security office or by calling the Social Security Administration at their toll free number at 800-772-1213. When applying for benefits, it is helpful to provide the administration with information regarding the names and ages of your children; names, addresses and phone numbers of the health care providers who have treated you; and a summary of where you have worked and the type of work performed during the past 15 years.
Who Decides if You are Disabled?
Once an application has been made, the Social Security Office will then send it to the Office of Disability Determinations for processing. There, a disability evaluator and a physician will determine if they feel you are disabled according to the Social Security Administration's criteria for disability.
Once a decision on your claim is reached, you will receive a written notice from the Social Security Administration. If your claim is approved, the notice will show the amount of your benefits and when payments will begin. If your claim is not approved, an explanation will be given regarding the appeal process.
If Your Claim is Denied
If your claim is denied, you can appeal it. You only have 60 days to file a written appeal with any Social Security Office. There are four levels to the appeals process.
If your initial application is denied, you must appeal the decision by filing a Request for Reconsideration of your claim within 60 days from the date of the denial of your initial application. At this level, your claim is reviewed by someone who did not take part in the first decision. Statistically, most claims presented at the reconsideration level are denied. If your Request for Reconsideration is denied, you have 60 days from the date of the denial to request a hearing before an administrative law judge. At the hearing, the judge will consider the medical evidence and your testimony in an effort to evaluate your entitlement to disability benefits under the Social Security laws. If the administrative law judge denies your case, you can request that the Appeals Council review your claim. If the Appeals Council decides your case should be reviewed, the Appeals Council will either decide your case or send it back to the administrative law judge for review or re-hearing.
If the Appeals Council decides not to review your case, you may file a lawsuit in Federal District Court.
If You Want Help With Your Appeal
You can have a lawyer or someone else help you with your appeal. Most lawyers do not charge unless you win your appeal. The lawyer's fee is usually 25% of the past due benefits you receive, and will be paid directly to the lawyer from the Social Security Administration. No fee is taken from any future benefits you may be eligible to receive.
What You Need to Know When You Get Social Security Disability Benefits
When your claim is approved, you should receive a Notice of Award that explains the amount you will be receiving for disability benefits. Your payments will not begin until the sixth full month of disability. If you have been waiting for over 6 months, you should receive a check that will compensate you for any past due benefits to which you may be entitled.
Your Benefit Amount
The amount of your monthly disability benefits is based on the amount of your previous earnings that was reported to Social Security. To obtain an estimate of your disability benefits, you can call or visit any Social Security Office. Your social security disability benefits may be reduced if you have been receiving workers' compensation, public disability payments, or a pension from a job where you did not pay Social Security taxes. Cost of living increases are usually taken into consideration each year.
You Can Get Medicare If You Are Disabled
After you have been entitled to receive disability benefits for 24 months, you will be eligible to receive Medicare benefits. Medicare has two parts: hospital insurance, and medical insurance. There is no fee for hospital insurance, which is primarily used to pay hospital bills, if you are eligible. In order to obtain the medical insurance, which pays for doctors' bills and other services, you must pay a small premium each month. The Social Security Administration should send you information about Medicare several months before your coverage starts. Certain members of your family may be eligible to receive benefits due to your disability. Your unmarried child under the age of 18 may qualify for benefits based on your record. Your unmarried child, if disabled before age 22, may be entitled to benefits even if over age 18. Your spouse, if age 62 or older, may also be entitled to benefits. Additionally, if your spouse takes care of your child who is under 16 or disabled and who is also receiving checks, he or she may be eligible to receive benefits on your record at any age.
General Consideration When Seeking Disability Benefits
Seeking disability benefits can often be very stressful on you and your family. Be prepared to wait for an extended period of time for your claim to be completely processed. Processing your social security disability claim through the administrative law judge stage may take up to two years or longer.
View answers to your Social Security Disability Frequently Asked Questions.
Contact the Florida SSD lawyers' offices of Emmanuel, Sheppard & Condon. There are no fees or costs unless we recover benefits for you. For a free consultation please call 850-444-HURT (4878).
Emmanuel, Sheppard & Condon
30 South Spring Street
Pensacola, Florida 32502
Phone: 850.444.HURT(4878)
Fax: 850.434.5856
