It can be frightening to think that a serious injury or illness could prevent you from working permanently.
What if this happens years before you’re ready to retire? How will you support yourself or your family?
Thankfully, the government has programs in place to help. If you qualify, you can receive Social Security Disability payments each month to help cover your basic needs, even if your disability isn’t from a work-related incident.
However, getting these benefits can be very challenging. The rules for SSD are strict, and the Social Security Administration closely follows them.
Many people find it really hard to get benefits on their own. That’s where Social Security Disability lawyers in Tampa, Florida, come in.
The experts understand the law and know what it takes to help you get SSD benefits.
The Process
In 2024, the most a disabled worker can receive in Social Security disability benefits through Social Security Disability Insurance (SSDI) is $3,822 per month, according to the Social Security Administration (SSA).
The amount will increase in 2025 because of a cost of living adjustment (COLA), with the SSA announcing a 2.5% increase for that year.
Unfortunately, getting SSD benefits is difficult—over two-thirds of applications are denied by the Social Security Administration (SSA).
Many people don’t realize they can appeal a denial or think it’s pointless to challenge the large government system at the SSA.
However, if you qualify for benefits, you need and deserve them. You’ve worked hard for years and contributed to the system, so it should support you when you need it.
How To Get Started?
To begin with your application for Social Security Disability (SSD), you can visit your local Social Security Administration (SSA) office (Tampa has two), or you can call to have an interview over the phone.
You can also begin the application process online. It’s important to apply for benefits as soon as you notice your disability because it takes time to get approved. The sooner you apply, the quicker you can begin receiving benefits.
To get ready for your interview, make sure you have a detailed list of information and documents ready. This includes:
- Work history
- Your personal information
- Information about your medical condition
- Bank account details
- A detailed job history, including your education and training
- Names of your doctors and the treatments you are receiving
Once you submit your application, it will be reviewed and sent to the Division of Disability Determination Services (DDS).
They will look over your medical records and other information to decide if your disability meets the SSA’s strict definitions.
They might also ask you to undergo one or more Consultative Exams, in which doctors hired by the SSA examine you and provide their opinions about your disability.
Common reasons for application denials include incomplete applications, lack of a qualifying disability, or ineligibility based on work history.
Often, the SSA denies the initial application. However, this doesn’t have to be the end of the process. However, there are some steps you can take in case your application is rejected.
What If It Is Denied?
If the SSA thinks you didn’t provide all the necessary information or that you haven’t proven your disability, they will send you a denial letter to let you know they are rejecting your application.
After receiving this letter, you have 60 days to appeal their decision.
Reconsideration Hearing
A reconsideration hearing is a complete review of your claim, giving you another chance to have it looked at.
It is a good time to get help from an experienced Social Security disability attorney in Tampa. They can check your file for any missing information and add new evidence that you didn’t provide the first time.
Keep in mind that since this is a new review, the second reviewer might not approve your claim and could even give a worse decision than the first reviewer.
However, an experienced lawyer will carefully go through your entire application and make any changes needed to improve your chances of success.
Administrative Law Judge Hearing
If your reconsideration hearing didn’t go well, the next step is to request a hearing with an Administrative Law Judge (ALJ).
Unlike the reconsideration hearing, where you just submit documents, you will need to attend the ALJ hearing in person. It may also be held via videoconference.
The lawyer you hire stays with you to help present your case. It includes bringing in any witnesses or new evidence that you haven’t submitted yet to support your claim.
Appeals Council Review
If the ALJ’s decision is not in your favor, you can ask the Social Security Appeals Council to review it.
The Appeals Council can either hear your appeal themselves or send your case back to the ALJ for another look.
They might also decide to deny your request without reviewing it further.
Federal District Court And Appeals
If the Appeals Council also rules against you or decides not to hear your appeal, you can file a lawsuit in the U.S. District Court for the Middle District of Florida.
In federal court, the judge won’t look at your application again but will listen to your arguments about what mistakes were made in the previous decisions.
If the federal court rules against you, you can appeal that decision to the U.S. Court of Appeals for the Eleventh Circuit and even to the U.S. Supreme Court.
Taking your case to federal court can be a long, challenging, and costly process. If you reach this stage, an experienced lawyer can guide you on your chances of success.
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