Experienced Social Security Disability Attorneys
Serving Jacksonville, Jacksonville Beach and Clients throughout Nrotheast Florida
Social security disability insurance or SSD/SSDI is a payroll tax-funded insurance program offered through the United States government. It is paid to workers who can no longer work due to disability or illness.
In order to receive your SSDI, you need to prove that your injury or illness will keep you away from work for at least 12 months or more.
What most people do not realize is that they have been paying into their SSDI account since they started working. You may even see the deduction on your paycheck! Your annual disability insurance benefit is based on how much you invest into your SSDI while working and the percent of your earnings can be replaced by a percentage of your benefit.
Filing for SSDI is complicated and there are a lot of requirements. If you are disabled and cannot work, contact Social Security Disability Attorneys Jacksonville at Hardesty, Tyde, Green & Ashton P.A. regarding your SSDI benefits
How Much Disability Benefit Am I Entitled To?
The amount of benefits you are entitled to come directly from the amount of earnings you invested before you were deemed unable to work.
For example, if you earned $20,000 as your lifetime average, your annual disability benefit would be $11892, replacing 59 percent of your earnings.
The average benefit paid out to disabled workers in January 2014 was $1,146 per month. While it is not a large amount, it is still enough to help those who cannot work pay their bills and survive.
Disabilities That Qualify for Benefits
There is a list of “medical impairments” made by the Social Security Administration. These impairments will automatically qualify a person for social security disability income or supplement security income – as long as certain conditions are met.
If your medical condition or illness is one of those ailments listed in the documentation, then you should have no issues getting coverage.
But, that doesn’t mean your application won’t be denied. It is best to have a Jacksonville Social Security Disability Attorney help you file your SSDI application to ensure you get the benefits you are entitled to.
Medical List of Impairments
The SSA has a strict list of medically-approved ailments that will qualify for SSDI. These are broken down by the bodily function or system and can include:
- Musculoskeletal problems – such as chronic back conditions or other dysfunctions of the joints and bones
- Senses or speech-related issues – such as blindness or hearing loss
- Respiratory illnesses – including cystic fibrosis
- Cardiovascular conditions – such as coronary artery disease or chronic heart conditions
- Digestive tract problems – such as inflammatory bowel disease, chroniculcers, or liver disease
- Neurological disorders
- Blood disorders
- Mental disorders – including depression, anxiety, and autism
- Immune system disorders
- Skin disorders
- Various syndromes – such as Marfan Syndrome or Sjogren’s Syndrome
There is also a list of qualifying medical conditions for those under the age of 18, which is similar to that of the adult list.
What if Your Condition Isn’t Listed?
Even if the SSA doesn’t list your condition, you may still qualify for SSDI benefits. To do so you will need to:
- Prove that the medical condition is an impairment.
- Prove that the impairment has been assessed and approved through medical records, diagnostic testing, and a physician.
- Prove that your condition will keep you out of work for 12 months or more.
Do You Qualify?
There are two types of disability programs offered through the Social Security Administration, which include:
- Social Security Disability Insurance (SSDI) – These benefits are given to disabled workers who have a history of federal tax payments that give them sufficient credit for eligibility. You will usually have to work and pay into SSDI for five to ten years to qualify for this insurance.
- Supplemental Security Income (SSI) – This is offered to the blind, disabled, and elderly. To qualify, this requires that you are disabled under the definition provided by the SSA and that you meet the strict income requirements and resources.
Filing for Social Security Disability Insurance
It is imperative you file your SSDI claim as soon as possible. There is a five-month waiting period after you file before you can receive payments; therefore, the faster you submit your application, the faster you can receive the benefits you need.
To file your application, you will need to complete several forms as well as provide specific documentation – both related to the injury and unrelated to the injury. Some of the documents you may be required to provide include:
- Medical information
- Copy of your birth certificate
- Medical records you have regarding your disability
- Workers compensation information – if a work-related injury has occurred
- Your W-2 from the previous year
- A copy of your last year’s federal tax return
- Form DD214 – if you were previous military
- Social security numbers for yourself, your spouse and any minor children
- Checking or savings account information
- Jobs you used to work, dates you worked, and an overall work history for the past 15 years
After you have applied, the SSA will then investigate your claim. They will also pay for the examinations and reports needed to verify your disability. They will have procedures and they may require medical examinations to prove that you are truly disabled.
Social Security Disability FAQs
Social security benefits are monies paid to you if you become disabled and cannot work. You are entitled to receive this benefit if you have been working for 5 of the last 10 years.
Yes, you can. To initiate a social security claim, you can:
- Go to the nearest social Security Office and apply for benefits in person
- Initiate a claim by calling 1-800-772-1213
- Go to the Social Security website at https://secure.ssa.gov/apps6z/ISBA/main.html. At the top are three links to take you to pages where you can
- Apply for Retirement, Disability or Spouse’s Benefits;
- Restart your incomplete application; or
- Check your claim status
If you use the first link, you will be at a page where you can begin your application. First read through the bulleted list of scenarios which are not suitable for this page’s application form. Each bulleted item gives you a phone number to call if that item applies to you (e.g., if you are applying for somebody else, or if you want Medicare only).
The application process begins at the blue and grey striped background. It will continue after you have clicked Yes or No for each of those four questions. When you’ve done that, click on the Continue button.
We know how to navigate the system. HTG&A, P.A., has handled scores ofSocial Security claims cases. We can make the process far more streamlined for you and less painful. We contact the doctor’s offices, compile the necessary records, and arrange for necessary testing or evaluations. We work to get every benefit you are entitled to under the law.
If you have been seriously injured and you will be disabled for one year or more, then you should file a Social Security claim. Additionally, if you have been disabled, and it is foreseeable that you will be disabled for at least one year, or you have an illness that may result in death within one year, you may file your Social Security claim. You do not have to be “permanently disabled” to file a Social Security claim.
Yes. If the automobile accident will disable you for one year or more, you can file a claim for Social Security benefits.
Yes. Even if you are receiving Workers’ Compensation benefits, you are still entitled to receive a portion of your Social Security benefits. You will not receive the same amount as would if you were not receiving any Workers’ Compensation.
We receive up to 25% of the back benefits determined to be owed you, or up to $6,000.00, whichever is less.
Reasons to Hire an Attorney before Applying
While you may be tempted to apply for SSDI or SSI on your own, realize that this is a highly complex process. A Social Security Disability Attorney can help you with the applications and the approval rate with a lawyer-filed application is much higher than those who do it on their own. Just some of the reasons to have an SSDI lawyer include:
- They can question medical experts on your behalf
- They can represent you during an SSI or SSDI hearing
- They can help appeal your denial (if you are denied)
- They can help file your initial application and gather necessary documentation proving your injury
- They can push applications through faster, ensuring you get compensation you need
Call our Social Security Disability Attorneys Today
If you are injured and cannot work, you have the right to SSDI or SSI insurance. Contact the Social Security Disability Attorneys at Hardesty, Tyde, Green & Ashton, P.A. today for a free consultation.
We will meet with you for free and you are under no obligation to hire us. Let us review your social security disability case and we can tell you right away if you have a valid claim.
Call us now to get started by dialing (904) 398-2212.