- Phone:
- 850-438-4899
- Fax:
- 850-438-4044
- Email:
- info@twwlawfirm.com
- Location:
- 1823 North 9th Avenue
Pensacola, FL 32503
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“Now I have some dignity back.”
Social Security Disability
Are you having trouble working due to a physical or mental health condition?
If you cannot keep a full time job because of health problems and the condition has lasted, or you expect it to last for twelve months, then you should apply for Social Security disability benefits for you and your dependents.
Social Security’s disability determination process can take many months, so it is critical that you apply as soon as you are unable to work full time due to your condition.
You can apply online at www.ssa.gov or you can call the national hotline at 1-800-772-1213 to request an appointment for an interview at the local Social Security office or for a telephone interview. In our experience, the online method is preferred because it is faster and you have a greater ability to ensure that your answers are accurately recorded.
However, a word of caution – there are some very misleading websites that can be hard to distinguish from the actual Social Security website.
These websites are designed and run by law firms who are trying to get your case. Be sure to verify that you have entered the secure Social Security government site as written – www.ssa.gov. After you successfully submit your application, you should get a written response from Social Security. If you do not get a phone call or a letter within two weeks of submitting your application, you should call your local office or the toll-free number above, to verify that your application was transmitted successfully. If anyone calls you, be sure to ask at the beginning of the call, whether they are a Social Security representative, also ask for their full name and phone number with extension.
After you have filed your application, a disability adjudicator will develop the file, by sending you forms and/or calling you. The adjudicator will request your medical records and may schedule you for a consultative examination at the government’s expense. Frequently, initial claims are denied. In fact, as of February 2009, the initial Florida allowance rate was only 33.6 percent, and only 14 percent of claims were allowed at the reconsideration level. Many people fail to appeal the denial because they assume that if Social Security said they were not disabled, then they must not be. This is a grave mistake!
Many subjective variables affect the decision-making process and claims that were denied at the initial and reconsideration stages are often approved at the hearing level. If you do not appeal the denial, then you can lose past due benefits that are potentially owed to you. Our attorneys are experienced in evaluating the strengths and weaknesses of each disability claim. We offer free confidential consultations to analyze your unique conditions and circumstances. Don’t give up!
There are two types of Social Security disability benefits, one is Social Security Disability (SSDI) and the other is Supplemental Security Income (SSI). Both benefits require a determination of disability. SSDI is based on your earnings and the taxes (FICA) that you have paid into the Social Security system. Social Security looks to see how many quarters of coverage you have had in the last five years. Workers generally receive an annual tri-fold statement that states what their benefits would be if they became disabled. If you do not have enough quarters of coverage, or if you have not worked enough in the last five years, then you may be eligible for SSI. To qualify for SSI you have to meet certain income and resource guidelines in addition to the disability requirement.
After you are found to be disabled, you will be eligible for either Medicare or Medicaid health insurance. Many Americans depend on these health benefits due to the difficulty of obtaining private insurance while not working. Medicare is administered with the Social Security Administration and Medicaid is a state program administered by the state in which you live.
We also handle Long Term Disability insurance denials and can manage the LTD and Social Security claims simultaneously. Most LTD insurers require the insured apply for and pursue appeals through the hearing level. They often want you to use their in-house attorneys, so that the insurance company can have complete control over your medical records and your past due money without any outside oversight. Even if you have already retained one of the insurance company’s attorneys, it is not too late to terminate the insurance company’s attorney and hire someone local who will look out for your best interests.
Our attorneys are knowledgeable about the intricacies of Social Security law and regulations. We are also skilled at developing the type of evidence that Social Security needs to make a favorable disability decision. Many people mistakenly believe that if their doctor just says they are disabled, then they will get disability. Sometimes that happens, but typically the disability adjudicators and judges need more specific information to put the doctor’s opinion into the right context. Because we are a local law firm, serving the entire Florida gulf coast and southern Alabama, we are able to develop professional working relationships with Social Security offices, administrative law judges, and local healthcare providers. We work together as a team to answer questions about the process and to keep you updated on the status of your case. When you call our office, your call WILL be answered immediately or returned by someone who is personally familiar with your case.
