Presumptive Disability Benefits in Florida

Working Diligently to Secure the Long-Term Disability Benefits Our Clients Deserve

Economic security is one of the most important things in life. Unfortunately, this can be snatched away unexpectedly due to a serious injury or medical condition. Luckily, there are various government programs that can provide financial support. However, benefits determination and approval can sometimes take months. If you’re unable to work and need benefits now, you may be entitled to presumptive disability benefits in Florida.

At The Law Office of Nancy L. Cavey, our Florida disability attorneys understand what our clients are going through. We’ve seen our families deal with similar issues, so we want to ensure you get your benefits as soon as possible. Presumptive disability benefits are advanced payments to individuals who are waiting for a claim decision. This can provide critical support for those who may otherwise have to wait months for a decision.

However, not everyone will qualify. There are some important things you should know about these benefits, so contact our law firm today for a free consultation.

What Are the Criteria to Receive Presumptive Disability Benefits?

It’s important to realize that not everyone will be able to secure presumptive disability benefits in Florida. Unfortunately, this is even the case if you have a valid claim and desperately need financial support. That’s because securing these benefits is contingent on the severity of the injury or medical condition you’re facing.

Put simply, the agency you’re requesting benefits from must believe that your application is highly likely to be approved. A decision of presumptive disability is based on the information provided in the applicant’s benefits request. This is why properly filling out your forms is so important — and why people often choose to work with presumptive disability benefits lawyers.

To qualify, the agency you’re applying with must also offer these advance payments under the program you’re applying for. When these agencies review your application, they’ll be looking for terminal illnesses, certain advanced-stage cancers, and severe injuries. However, keep in mind that your definition of “severe” may not be the same as the Social Security Administration’s and other agencies.

What Conditions Qualify for Presumptive Disability Benefits in Florida?

If you’re dealing with a serious injury or medical condition, you may think that your disability is clear. In fact, many people simply expect that their request for presumptive disability benefits in Florida will be approved. After all, most individuals wouldn’t even bother seeking benefits unless they have no other choice.

If you’re applying for benefits from the Social Security Administration (SSA), understand that they typically only approve presumptive benefits in the following cases:

Cerebral palsy
Amputation of the leg at the hip
Bed confinement
Muscular dystrophy
Amyotrophic lateral sclerosis (ALS)
AIDS or symptomatic HIV infections
Down syndrome
Intellectual disabilities
End-stage renal disease
Stroke
Terminal illness
Total deafness
Total blindness
Spinal-cord injury
Low birth weight

These conditions are clearly serious in nature. It’s why agencies like the Social Security Administration and Department of Veterans Affairs are willing to approve presumptive disability status. Of course, no one believes that these are the only serious conditions a person can experience. That’s why you may have other options.

For instance, Disability Determination Services (DDS) are agencies on the state level that can approve or deny claims. While the SSA can only consider the conditions listed above, DDS has authority to award benefits for other conditions. This is why working with a Florida disability attorney to understand all your options is so important.

Does Presumptive Disability Apply to SSDI?

Many government agencies offer presumptive disability benefits. When you research these benefits, you’ll often see them mentioned in relation to veteran’s benefits and Supplemental Security Income (SSI). However, not everyone will qualify for these programs. Unfortunately, presumptive disability does not exist for Social Security Disability Insurance (SSDI).

That’s because securing SSDI benefits is an in-depth process that involves specific and required procedures. This is unfortunate considering the fact that it can take months to be approved for disability. However, keep in mind that SSDI may not be your only option. You may qualify for short- or long-term disability, workers’ comp, or other benefits programs.

Contact our law firm today for a free consultation. We’ll help you understand all your options.

What Happens When You’re Approved for Benefits?

There is no single answer to what happens after someone is approved for presumptive disability benefits in Florida. That’s because the answer can vary based on the agency granting benefits. However, most people who seek this economic support do so through the Social Security Administration. If approved for presumptive benefits under SSI, you could receive up to six months of payments.

In most cases, these benefits do not need to be repaid. This is true even if your claim is eventually denied. However, repayment may be necessary if the SSA rejects your application based on a reason other than your medical condition. It’s also worth noting that presumptive disability benefits in Florida are not available during the appeals process. This is why you should work with an attorney to expedite the process.

Finally, you should understand that it may be possible to secure financial support even faster than you expect. Those seeking presumptive benefits are sometimes eligible for an emergency advance payment if they’re facing an immediate financial need (e.g., homelessness, medical crisis). This advanced payment will have to be repaid via deductions from your benefits or in a lump sum. If this all sounds complex, that’s because it is. Let our law firm assist.

Contact a Florida Presumptive Disability Benefits Attorney Today

Being unable to support yourself or a family is a scary experience. You could have to deal with medical bills and lost wages while simultaneously facing traditional expenses like rent, groceries, and transportation. While government programs such as SSDI and veteran’s benefits provide critical support to those who qualify, the process of securing these benefits is often drawn out. Fortunately, a legal professional may be able to expedite the process.

At The Law Office of Nancy L. Cavey, our team of Florida disability attorneys understands the difficulties that you’re facing. We know what it’s like to be unsure whether you’ll be able to pay your bills — and our sole focus is to ensure our clients don’t have to face these concerns alone. If you’re in need of help now, let us review your case to see if you’re eligible for presumptive disability benefits in Florida.