Tirelessly Advocating to Get Our Clients the Benefits They Deserve
When people think of Social Security, they typically do so in relation to retirement benefits. However, it’s important to understand that these benefits — which all American workers pay into — are actually geared toward providing support when we can’t work. This means you might be able to access them after becoming injured or incapacitated, and a Social Security Disability lawyer in Florida can guide you through the process.
At The Law Office of Nancy L. Cavey, our dedicated legal team knows what you’re going through. We’ve watched family members deal with the difficulties of trying to secure benefits they’ve earned over the years. It’s this experience that has driven every individual at our law firm to fight diligently for each of our clients. If you’ve been injured or are otherwise unable to work, contact our law firm today for a complimentary case review.
Who Is Eligible for Social Security Disability Benefits?
Social Security Disability (SSD) exists in a strange area where a person can be entitled to benefits but not be eligible for them. If you’re an American worker who has earned the required number of work credits, you’re entitled to access SSD benefits when you need them. However, you can’t actually access them unless certain other criteria are met. Only those who meet the following requirements are eligible for benefits:
- Work history: Only individuals who have earned the minimum number of work credits are eligible for Social Security Disability Insurance (SSDI).
- Severe disability: SSD benefits are only paid when a person has a severe injury or another medically determinable impairment that doctors expect to last at least one year or result in death.
- No substantial gainful activity: SSD recipients can earn income while receiving benefits, but there are rules regarding the substantial gainful activity threshold that could make them ineligible.
- Work duration: Disabled individuals must have earned their work credits over a recent period, although some exceptions may apply.
These eligibility requirements may seem straightforward. It’s even the case that you can verify your work credits right on the website of the Social Security Administration. However, seeking benefits is rarely as straightforward as one might hope. The Florida Social Security Disability attorneys at our law firm have seen far too many people wrongfully denied the benefits they deserve. Our goal is to right these wrongs in an expedient manner.
Contact us today to learn how we can help. We can do everything from gathering evidence and filing on your behalf to appealing unfair benefits denials.
What if Your SSD Application Is Denied?
The Social Security Administration (SSA) loses billions of dollars to improper payments and fraud each year. They have strict rules in place to prevent misuse of the system, but in many cases, this only affects honest, tax-paying, and law-abiding citizens. It’s not uncommon for individuals who meet Social Security Benefits requirements to be denied. This can happen due to filing mistakes, failure to provide evidence, and other circumstances.
Fortunately, a benefits denial is not necessarily the end of the story. The following options exist:
- Request a reconsideration from the SSA
- Request an Administrative Law Judge hearing
- Appeal to the Social Security Administrative Appeals Council
- Take your case to federal court
There are many more pitfalls in the Social Security Disability process than most people expect. It’s not uncommon for simple oversights — ranging from insufficient medical evidence to inappropriately submitting multiple applications — that could result in a denial. Fortunately, a Social Security Disability lawyer in Florida can help you through the process and ensure that all proper procedures are followed.
And if you’ve already applied and been denied, our law firm can help you understand your options and how to best move forward. No matter where you are in the process of seeking SSD benefits, we’re here to help. Contact us today.
Can You Receive Social Security Disability While Working?
Many people simply assume that you cannot work while receiving disability benefits. In fact, some assume that doing so is illegal and constitutes fraud. However, the reality is more complicated than this. While there are certain restrictions on employment, individuals are actually encouraged to get back into the workplace in some situations. This helps determine if they’re able to return to work.
The Social Security Administration actually allows a Trial Work Period (TWP) where SSD benefit recipients can work as much as they want. SSD benefits are available for those who cannot engage in substantial gainful activity (SGA). This is an income threshold set by the SSA. While benefits are only available to those who cannot meet this threshold, the government also allows SSD recipients to surpass this threshold for nine months during a 5-year rolling period.
For instance, a person may go back to work for two months and realize they’ve not yet fully recovered. In this situation, they can stop work and still have seven months remaining in their Trial Work Period. It’s important to discuss your case with a Social Security Disability lawyer in Florida, but typically, any work done during this period will not disqualify you from receiving benefits. And in some cases, extended eligibility may be available.
Contact Our Social Security Disability Lawyers in Florida Today
Some people look at Social Security as an entitlement benefit. However, the reality is that American workers pay extensively into this program. Money comes out of every paycheck to fund eventual benefits, so it’s disheartening that so many people have trouble applying for disability. Fortunately, you don’t have to deal with these complex matters alone.
At The Law Office of Nancy L. Cavey, our team of experienced legal professionals handles Social Security Disability claims on a daily basis. Whether you need to apply for benefits, appeal an unfair denial, or simply understand your rights better, our law firm is here to assist. Contact us at (727) 477-3263 to schedule your free consultation.
Our Social Security Disability lawyers in Florida are ready to assist.