When you have a physical injury or mental disorder that prevents you from working, you may be eligible for Social Security disability benefits. A Social Security disability lawyer in Miami Gardens, FL at the Law Offices of Anidjar & Levine can help you determine your eligibility and navigate the application process so you can secure these needed benefits.
We can also help you appeal a denied application. Instead of getting overwhelmed with the application process, call us today at 1-800-747-3733 to see how a Social Security disability lawyer in Miami Gardens, FL can help.
Determining Your Eligibility for Disability Benefits
The Social Security Administration (SSA) pays monthly disability benefits to individuals with a medical condition or a mental impairment expected to last for at least 12 months or end in death.
The SSA pays benefits through Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Each program has different eligibility criteria.
SSA’s Listing of Impairments
The SSA has a two-part guide that lists a variety of physical conditions and mental impairments considered severe enough to stop an individual from working. The list includes health conditions that relate to each system of the body, such as the:
Cardiovascular system
Digestive system
Musculoskeletal system
Special senses and speech
If we do not find your health condition on the SSA’s list, you may still qualify for disability benefits. Our team can discuss the SSA’s eligibility requirements for individuals with health conditions not listed in the guide.
The SSA Will Review Your Work History
You may be eligible for disability benefits if you have:
- Worked for a certain amount of time in a job that pays into the Social Security system.
- Earned the number of work credits the SSA requires to qualify for disability benefits.
You may also qualify for benefits if you are self-employed and pay Social Security taxes.
If you have not paid into the Social Security system, the SSA may still qualify you for disability benefits through its SSI program. SSI provides monthly benefits to people with little income or resources, and who are:
- 65 years old and older;
- Blind; or
- Disabled
We will review your medical and employment history to help build your disability claim and discuss your qualifications for either SSDI or SSI.
Building Your Disability Case
Before filing a Social Security disability claim, we will gather documentation that confirms your medical condition or your mental impairment. This type of information strengthens your disability claim. The documentation that we collect may include your medical history that details:
- Your diagnosed health condition or mental disorder
- The laboratory tests and results taken that confirm your condition
- Surgeries related to your health condition
- The type of treatment you are currently undergoing
- Medication your doctor has prescribed
We may ask for a statement from your doctors about how your impairment affects your daily personal life and stops you from being gainfully employed. In some instances, we refer claimants to doctors who provide an additional assessment of a health condition.
We use this information and other documentation to prove your eligibility to receive disability benefits.
The SSA May Want More Information
Although we collect evidence to support your application, the SSA may want additional information or clarification about your disability. Should this happen, the SSA may require you to have another test or examination to clear up any inconsistencies about your condition.
If your doctor chooses not to perform another examination or you prefer that another physician provide the necessary information, the SSA will allow an independent doctor to perform the examination or test.
Before you make arrangements to see an independent doctor, contact our Social Security disability lawyer in Miami Gardens to discuss the questions the SSA has about your disability.
Appealing a Denied Disability Claim
If you previously filed an application that the SSA denied, we can review your claim and request an appeal. The SSA denies claims for medical and non-medical reasons.
Our team will review the reasons for the denial. If you decide to appeal, we can help you gather updated evidence that strengthens your disability claim. The documentation may include:
- Any further treatment you have undergone since you first applied for disability benefits
- Any new medication your doctor prescribed
- Any changes in your physical or mental condition
We can submit new information and ask the SSA to reconsider your disability benefits application.
The SSA gives you 60 days after the date you receive the denial to appeal the decision. So, contact us as soon as possible so we can file a reconsideration request in a timely manner: 1-800-747-3733.
Requesting a Hearing
If you have already filed a reconsideration request and the SSA upheld its decision, we can schedule a hearing before an administrative law judge. A Miami Gardens Social Security disability lawyer can help you prepare for the hearing should the judge have questions for you.
In addition to your testimony, we may have witnesses testify on your behalf and provide the judge with additional evidence that supports your disability claim.
Taking Further Steps to Appeal
Should the administrative law judge deny your claim, we may ask the Social Security Appeals Council to review the judge’s decision.
According to the SSA, if the Appeals Council does not review your claim or you do not agree with the council’s decision, you may take the case to federal district court.
We will discuss the steps to take if we determine any further appeals are necessary in your case.
Let Us Help You With Your Social Security Disability Claim
Receiving monthly Social Security disability benefits can provide the financial assistance you need when you cannot work. However, applying for disability benefits can be lengthy and complicated.
At the Law Offices of Anidjar & Levine, we have helped many people with health impairments navigate the Social Security disability claims process. And, we can help you collect important evidence, so your application meets the SSA’s requirements.
And, if your disability stems from a personal injury, we may be able to help you file an injury claim.
Call us today at 1-800-747-3733 for your free consultation.
We Can Help.
