Social Security Disability Lawyers
Our qualified attorneys understand the importance and urgency of obtaining the Social Security disability benefits that you or your loved one is entitled to. It is not uncommon for Social Security disability applicants to be denied when initially applying for benefits. Our experienced team can help you navigate filing a claim for benefits for the first time or an appeal if your initial claim was denied by the Social Security Administration.
What Types of Benefits Exist?
Social Security Disability
- Disability Insurance Benefits (SSD or SSDI)
- SSD and SSI are the largest, most popular types of claims covering millions of adults nationwide. SSD applicants are eligible if they have worked five of the ten years before disabilities developed and SSDI benefits are paid based on financial need.
- Earned Enough Credits
- Became Disabled Before Credits Expired
- Income And Assets Limit Does Not Apply
Supplemental Security Income
- Children Under 18 Years Old
- Limit on Resources (No Income, No Assets)
Do I Qualify For Social Security Disability Benefits?
Are you working?
- If you were recently working and your average earnings are below a certain amount each month, the Social Security Administration will further review your application and medical condition to see if you qualify for benefits.
Is your medical condition severe?
- The SSA considers a condition to be severe if it interferes with your basic work-related activities. Your medical condition must be Severe in order to qualify for Social Security disability benefits. If it is, the SSA will move to Step 3.
Is your condition on the Social Security Administration’s List of Disabling Conditions?
- Find the SSA’s full List of Disabling Conditions HERE. If your condition is not included on the list that automatically qualifies for benefits, then the Social Security Administration will compare the severity of your impairment to those on the list and move on to Step 4.
Can you do the work you did previously?
- If your condition is severe, but not at the same level of severity as those conditions on the SSA’s List of Disabling Conditions, the SSA will determine if it interferes with your ability to perform the type of work that you used to do. If the SSA finds that your medical condition does in fact interfere with the work you did previously, they will proceed to Step 5.
Can you perform any other type of work?
- If you are unable to complete the work you previously did in the past due to your medical condition, the Social Security Administration will look to see if you are able to adjust to other work. Factors they take into consideration include your age, education, past work experience and any other transferable skills you may have. If you are physically unable to perform other types of work, the SSA will rule you “disabled.”
Let the Law Offices of Smith & Kurbatova put our experience to work for you. If you have questions about a Social Security disability claim, please call us today at (407) 477-4143 to schedule your consultation.
What does it mean to be disabled under Social Security regulations?
We get a lot of calls each day with various questions as to whether or not specific disability can qualify you for Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits. What specific types of conditions are considered disabilities SSD/SSI and Children SSI programs. Our experienced attorneys are fully familiar with the legal definitions of a disability and other important terminology in Social Security Disability process.
Each case has its own specific set of facts which make a case unique. Each story is different, that is why it is important to have an attorneys who have experienced evaluate your case. Don’t hesitate to contact us to schedule your consultation with an experienced lawyer in our Casselberry, FL office. We serve SSD, Social Security Disability, SSI, Supplemental Security Income and Children SSI clients in Orlando, Casselberry, Altamonte Springs, Longwood, Lake Mary, and throughout Central and Southern Florida.
The Process Social Security Administration and Administrative Law Judges use in evaluating your case….
People often do not realize what it takes to win a disability claim. It is extremely important to know what process does Social Security use in evaluating each claim. Social Security Administration uses a five-step process to determine if you are “disabled” under their rules:
Substantial gainful activity….
- If you are working and earning more than $1170.00 per month, you are not entitled to Social Security disability or SSI benefits, no matter what type of disabilities you have or how severe your condition is.
Medically severe impairment….
- This is step II in social security sequential process. It requires that your impairment be caused by a medically determinable impairment, and not by any other non-medical reasons.
Does your condition meet or equal a Listing? What does it mean to meet a listed impairment?
- Social Security has a specific list of medical impairments that can be disabling. Lawyers at Law Offices of Smith & Kurbatova often use this technique in making arguments in Social Security Court – Office of Disability Adjudication and Review. If an argument can be made and proven that your disability meets a listing then you are eligible for Social Security disability benefits. Do not go to your hearing without an experienced attorney by your side.
Past relevant work?
- Most people do not win on step III of the process and are required to go to step IV. Past relevant work determination is extremely important. At step four, you must prove you are unable to perform any work that you have performed during the past 15 years. Attorney will use proper technique in proving your case and will be able to help you obtain proper evidence to fight your case. Oftentimes Vocational Experts are present at the hearing. It is extremely important to know how to cross examine vocational expert in order to prove your disability at this step. If you can perform your past relevant work, you are not eligible for benefits. However, even if you prove you cannot perform your past work, you are not necessarily eligible for benefits. You must also qualify under step five.
- Most people lose benefits at this step when appearing in front of ALJ – Administrative Law Judge. It is not an easy task to prove that there are no other jobs you can perform. A person applying for disability has a burden of proof at this step. Experienced attorney will be able to maximize your chances at winning by asking proper questions from VE – vocational expert, communicating with your doctors, obtaining necessary evidence to prove your case.
If you think you or your loved ones qualify for Social Security Disability or have been denied, give us a call – 407-477-4143.