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SSD is a federal program that provides financial assistance to individuals who are unable to work due to a disability. The disability must be expected to last at least one year or result in death.
You can apply online at the Social Security Administration, SSA website over the phone or in person at your local SSA office. If you wish to file a strong, thorough, and complete claim, our Miami Disability Lawyers are here to file the claim on your behalf or guide you through the process.
To be eligible, you must have worked at paid-into Social Security for a sufficient period of time, have a disability that meets SSA definition, and be honorable to work for at least 12 months. To get a better understanding of the strength of your disability claim, our Coral Gable Social Security Disability Attorney and Disability Representatives are here to help you and guide you through the entire process.
Social Security Disability Insurance, SSDI, is for people who have worked and paid social security taxes. Supplemental Security Income, SSI, is for low-income individuals who have not worked enough or at all, and it is need-based. In some circumstances, you may be able to apply for both and receive both benefits. Please contact our social security disability lawyers in Miami for further guidance and to get a better understanding of interplay and overlap between the rules regarding SSDI and SSI.
The process can take anywhere from 3 to 5 months, but it can be longer depending on your case, any complications, and whether you need to appeal a decision.
According to SSA, a disability is an inability to work due to a physical or mental condition that is expected to last at least one year or result in death.
The condition must prevent you from doing your previous work or any other kind of substantial gainful work.
You can work, but you must not earn more than the substantial gainful activity, SGA, limit set by the SSA, which is updated annually. In 2025, the SGA limit is 1,470 per month, 2,460 if you are blind. However, as practical matter and in a real-world scenario, many times people who do even the most minimal work can get penalized for doing so. It's best to consult with a social security disability lawyer, attorney, or representative that is familiar with your area in South Florida, including Miami, Fort Lauderdale, and West Palm Beach areas. Each jurisdiction works slightly different. It's best to work with a representative, attorney, or lawyer who has many years' experience in this areas.
You'll need medical records from your doctors, hospitals, or clinics that show your condition and how it limits your ability to work. Additionally, you'll need to provide a forehand list of all the medications that you are taking along with the dosage and the reason along with any medication side effects. Lastly, you may need a third-party witness statement to provide greater context regarding your disability and your inability to work. The SSA will use all this information to assess your eligibility.
If your initial application is denied, you can appeal the decision. The appeal process can include a reconsideration, a hearing before an administrative law judge, and possibly further appeals to the Appeals Council or Federal Court. Please note that starting January 2025 and for the next two years, the Social Security Administration issued an emergency ruling authorizing adjudicators to make decisions on initial claims without the requirement of sending it to a medical examiner for further review. This new emergency ruling will be most beneficial to those aged 55 or older, and who suffer primarily physical impairments.
Yes, mental health conditions including depression, anxiety, schizophrenia, and others can qualify for SSD benefits if they are severe enough to prevent you from working.
The amount you receive depends on your work story, how much you paid into Social Security, and other factors. You can estimate your monthly benefit using the SSA online calculator.
The type of job history matters less than whether you work and pay into social security for enough years to qualify. The SSA uses your work history to calculate your eligibility and benefits.
Generally, you need to have worked for a certain number of years and paid social security taxes through FICA to qualify. The number of years required depends on your age at the time of disability. To learn more about your eligibility and whether or not you meet the work requirement, please contact our Miami Social Security Disability lawyers and representatives to get a free case evaluation and to determine whether you meet the work history requirement.
SSD is only for long-term disabilities that are expected to last at least 12 months or result in death. Temporary disabilities typically do not qualify for SSD.
Yes, but receiving workers' compensation or other benefits may affect the amount of your SSD benefits. It is typical for the Social Security Administration to apply an offset for any claimant receiving workers' compensation. The overlap and interplay between the two can be complex and can affect your benefits amount. It is best to consult with an experienced Social Security Disability attorney or representative in the South Florida area.
Yes, but your earnings must not exceed the substantial gainful activity SGA limit set by the SSA. If you earn above that limit, your claim may be denied.
Yes, the SSD considers all of your medical conditions and how they collectively impact your ability to work. Make sure to provide medical evidence for each condition.
SSD benefits may be taxable if your combined income exceeds a certain threshold which depends on your filling status and total income.
You should submit update medical information on an ongoing and frequent basis during the claims process or periodically after approval, especially if your condition improves. While the case is pending review, you should get into the habit of regularly communicating with your Social Security Disability attorney or lawyer to keep them up to date regarding any new medical visits, treatments, medication changes or hospitalizations. It is of utmost importance to always keep Social Security Administration update on your medical condition, whether they are getting worse, better or the same. Proper and regular documentation are the keys to success.
The SSA will periodically review your case to determine whether you are still disabled. If your condition improves and you are able to return to work, your benefits may be terminated.
Yes, you can apply for SSD while you are undergoing treatment. The SSA will assess whether your condition prevents you from working regardless of treatment.
You can appeal the denial by requesting a reconsideration, attending a hearing, and possibly going to the Appeals Council or Federal Court. Many initial claims are denied, so it is important to note that an appeal is a common part of the process. It is important to note that you have 60 days from the date that SSA made any decision on your case to file an appeal, so always remain mindful. The clock is ticking and you should contact and consult with a social security disability lawyer in Miami as soon as you receive the denial letter so as to allow sufficient time for case review, case development, and filling of the appeal before the deadline date. Remember, you have 60 days.
A Compassionate Allowance is a fast-track process for people with severe medical conditions that clearly meet the SSA criteria. The SSA maintains a list of qualifying conditions, such as certain cancers or neurological disorders. If you feel that your conditions may qualify for a Compassionate Allowance, you may contact our film for a free case evaluation and review.
If you need assistance, you can have a family member, friend, or social security disability lawyer or SSD representative to complete the application for you.
The type of job history matters less than whether you work and pay into social security for enough years to qualify. The SSA uses your work history to calculate your eligibility and benefits. Can I apply for SSD benefits if I am already receiving social security retirement benefits? Yes, if you are already receiving retirement benefits but are still working and experience a disability, you may be able to apply for SSD benefits as well. The SSA will assess your eligibility for disability benefits based on your medical condition.
If your disability is work-related, you may also be eligible for workers' compensation. You can still apply for SSD benefits, but your workers' compensation benefits might reduce your SSD payment.
he SSA will assess your ability to perform other types of work based on your age, education, work story, and the limitations caused by your disability. If the SSA determines you can do other work, your application for SSD may be denied.
You don't need a lawyer to apply, but it can be very helpful, especially if you are denied benefits and need to appeal. Your chances greatly improve if you hire a lawyer or certified representative. Lawyers who specialize in SSD cases typically work on a contingency fee basis pursuant to SSA rules and regulations.
If you are receiving SSD benefits and want to go back to school or retrain, you may be able to do so without losing benefits. However, if you start working at a level above the SGA limit, your benefits may be affected. If you wish to return to school or retrain for a different job while you are receiving SSD insurance benefits, it is wise to consult with a SSD lawyer, attorney, or representative for further clarification on how this might impact your benefits. Many times going to school can be deemed or interpreted by the SSA as the same as returning back to work.
If you feel your disability has not been properly assessed or if you believe the SSA overlooked crucial medical evidence, it may be worth appealing. Consulting with a Miami-Dade or Fort Lauderdale disability lawyer or advocate can help you determine if an appeal is necessary.
Yes, as long as you can provide medical evidence that shows how your condition limits your ability to work, you can apply. Even if your condition isn't well known, you can still qualify if you meet the SSA definition of disability.
Yes, if you are already receiving retirement benefits but are still working and experience a disability, you may be able to apply for SSD benefits as well. The SSA will assess your eligibility for disability benefits based on your medical condition.
The SSA uses GRID rules to evaluate whether certain individuals can perform other work based on their age, education, and work story. GRID rules can influence whether you qualify for SSD benefit.
Chronic conditions can qualify for SSD benefit if they are severe enough to prevent you from working. The SSA will require medical evidence to prove that your condition limits your ability to work.
If you disagree with a decision, you can appeal which may involve a reconsideration of your case or hearing before an administrative law judge.