FLORIDA DISABILITY APPLICATIONS AND INTERVIEWS



Appyling for SSD in Florida - Disability Application Information



 
In order to be approved for benefits in Florida, those who file a disability application must be eligible for either Social Security Disability Insurance (SSD) or supplemental security income (SSI), the two programs from which government disability payments are drawn.

SSD is available to disabled individuals who have worked enough in recent years to qualify, and who due to their impairment are unable to earn the current SGA (substantial gainful activity) amount.

The SGA earnings limit is determined annually by social security, and adjusted as needed to reflect the current cost of living. The idea behind SSD is that it functions as a national disability insurance that anyone can draw on if needed, provided they have paid enough into it. Those who are employed pay into the system in the form of social security, or FICA, taxes deducted from their paychecks.

SSI provides disability coverage to those who are severely impaired but not covered by SSD, and who can demonstrate financial need. SSI is funded by U.S. Treasury general funds rather than social security taxes, so past employment is not a requirement. Those who file applications under the SSI programs must show that they have an impairment that prevents them from earning the current SGA, and that they have no more than $2,000 in total assets, including checking and savings accounts, with the exception of a primary residence and one car.

When it comes to actually making a decision on your claim, it makes no difference to a disability examiner or judge if your application will be approved under SSD, SSI, or both. The federal Social Security Administration office determines the program for which you are eligible based on information you initially supply.

Disability examiners work for state disability determination services (DDS) agencies, and their sole purpose is to review your medical records to decide if your impairment is truly disabling, or if you are still capable of working. They are in charge of all decisions on disability applications and request for reconsideration appeals. It takes about 3 to 4 months on average to receive a decision from DDS on your claim, although some claims are decided more quickly, and some will take longer to process.

If your physical or mental impairment is beginning to have a negative impact on your work performance and your ability to go to work, you should file an application for SSD as soon as possible. It takes a while for a disability application to work its way through the system, and only 30% of them are approved at the initial level, without the claimant having to go through at least one level of appeal (though it is unlikely to be approved on the first appeal, the reconsideration, and generally a second appeal, a request for a disability hearing will be necessary). This means it may be many months or even a year or two--or longer--before someone that files a disability application actually receives benefits.

Claimants that are turned down for disability should consider speaking with a representative, either a disability attorney or a non-attorney rep (in either case, it is often best to choose who you initially speak with based on a referral from someone who has actually used the services of the rep), to secure assistance on their claim.

On this point, it should be said that many claimants in Florida wait too long before seeking representation. However, a good rule of thumb is this: if a claim is denied at the reconsideration level, get representation because the next step will be a hearing before a federal judge and "self-representation" is never a wise choice.

Additionally, most disability representatives offer free consultations, even for those who have not yet filed an SSD or SSI application but are just thinking about it.

If DDS (disability determination services) turns down your initial application, it will probably turn down your reconsideration appeal as well (only about 11% of reconsideration appeals, on average, are successful), at which point you will have to either give up or file a second appeal.

The second appeal (as indicated in the prior paragraphs) is decided, not by DDS, but by a federal disability judge, and at this point the adjudicator, an administrative law judge, is more likely to approve a disability applicant who has representation than an applicant who tries to argue their case themselves. Psychological factors surely play into this (it is worth betting that most judges look dimly upon claimants who forego representation); however, it is also a fact that a qualified representative will have a detailed grasp of the disability determination process while the average claimant will know practically nothing about the system, even including how to interpret their own medical records.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







Most popular topics on SSDRC.com

Social Security Disability in North Carolina

Common Mistakes to avoid after being denied for Disability

Tips to Prepare for Filing for Social Security Disability or SSI

Advice to Win SSD and SSI Benefit Claims

Social Security Disability SSI Questions

What is the difference between Social Security Disability and SSI?

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

What is the Application Process for Social Security Disability and SSI?

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

What makes you eligible for Social Security Disability or SSI?










Tips and advice for Florida disability claims

Florida Disability Lawyer Advice for Social Security Disability Claims

Florida Social Security Disability Application tips

Tips and insight for getting disability in Florida

Tips for consultative medical exams for SSDI and SSI in Florida

Can I afford a Florida disability attorney or representative for my claim?




General questions about getting disability in Florida

How Much Can You get in Monthly Social Security Disability Benefits in Florida?

What if you receive a disability overpayment in Florida

Can you get permanent Social Security Disability in Florida?

If they review my disability in Florida, will I lose my benefits?

Do disabled children qualify for benefits in Florida?

Denied for Disability with Depression in Florida

Should you appeal a disability denial in Florida?




How long does disability take in Florida?

How Long Can You Receive Social Security Disability Benefits in Florida?

How long for a Social Security Disability Decision Letter in Florida?

How long does it take get a decision after a Florida Disability Hearing?

How Long Do you have to be disabled to Get Disability Benefits in Florida?




The disability decison process in Florida

Can you get disability benefits in Florida if you have never worked?

Will you be awarded disability in Florida if you are unable to return to your old job?

Who makes the disability decision in Florida?

Will I Be Evaluated For Both SSDI and SSI in Florida?

The Florida Disability awards determination process

What happens after a Social Security Disability claim gets taken in Florida?




Filing applications for disability in Florida

Applying in Florida, the criteria to qualify for Benefits

An application for disability in Florida will be time-consuming

Filing for disability in Florida is not easy

What are reasons to file for disability in Florida? When should you file for Disability Benefits in Florida?

Starting an application for disability in Florida

Applying for SSD in Florida - Disability Application Information




Disability Lawyers and Representation in Florida

Getting a disability lawyer in Florida

Representation on a Social Security Disability Claim in Florida

Do I need a Lawyer for My Florida Disability Hearing?

Social Security Disability Attorney Fee - What a Disability Lawyer in Florida can be Paid

How do Disability Lawyers in Florida get paid their fees?

Finding a lawyer for a Florida disability claim

Is the Disability Process Faster in Florida if you have a Lawyer?




Applying for SSI in Florida

Applying for SSI disability in Florida

Can you receive Social Security Disability and SSI in Florida?

Applying for SSI Disability for a Child in Florida




Doctors, medical records, and medical exams

Social Security Disability in Florida and What Your Medical Records Say

Will a Disability Attorney in Florida Help You Obtain Your Medical Records?

SSDI and SSI disability applications in Florida and Doctors

Social Security Administration Medical Exams in Florida




Disability hearings in Florida

How long will my case be at a Florida Social Security Hearing office before it is scheduled?

How long does it take to see a Florida disability judge?

Getting ready for a disability hearing in Florida




Disability denials in Florida

What if you are denied disability in Florida and do not get the notice?

If you are turned down and denied for disability in Florida

If your disability is denied in Florida, file an appeal quickly

Why did I get Denied on my Florida Disability Request for Reconsideration?




Disability appeals in Florida

If you are requesting an appeal in Florida

Social Security Disability and Appeal options in Florida

Do you have to appeal your Florida SSD Claim over and over?




Qualifying for disability in Florida

Will I Qualify For Disability Benefits in Florida?

Can I win my disability case in Florida?

What are my Chances of Qualifying for SSDI in Florida?

Will I get approved for disability in Florida if my doctor supports my claim?

If you are trying to win disability benefits in Florida

How Can I Win My Social Security Disability Case in Florida?