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Social Security Disability Claims – Information from Our Florida Attorneys

You may associate Social Security with retirement, but it is actually much broader and more complex. Social Security also compensates for disability, which is defined as the inability to work because of any medically determined physical or mental impairment that can be expected to result in death or last for a continuous period of 12 months or more. Partial, or short-term, disability is not covered. Whether you quality for coverage is based on everything from your age to your work experience.

At Farah and Farah, we strive to find unique solutions to your situation. We use the strength of our team and our vast resources to help our clients receive the benefits they are owed. Because medical reports are the most important evidence in Social Security disability cases and the law requires a judge to give great weight to a report by a treating physician, we make sure your doctors are the best. We also ensure that your medical reports come from respected professionals in the field of medicine that relates to your disability. At Farah and Farah, we treat your case as a priority, because you matter to us.

Qualifying for Social Security Disability Benefits
Frequently Asked Questions

Qualifying for Social Security Disability Benefits

There are regulations called "listings" that describe how severe a disease, condition, or impairment must be for the Social Security Administration to consider it disabling. Factors such as age, education, and work experience may also play a role in the decision. Depending on your situation, you may qualify for Social Security Disability Insurance and, if you have greater financial need, Supplemental Security Income.

Our attorneys are familiar with the methods used to evaluate Social Security disability claims. If necessary, we will work with a team of highly respected medical professionals to present a strong case on your behalf to the courts. If you are unsure whether you qualify for benefits, contact us today to speak with a Social Security disability attorney from our firm.

Frequently Asked Questions

Learn more about Social Security disability benefits and how and when to file a claim. If you have any further questions, please do not hesitate to contact our offices and speak directly with a member of our legal team.

What is the definition of disability?

Under the Social Security Act, "disability" means "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."

If I get Social Security disability benefits, will I get Medicare?

If you are approved for any kind of Social Security disability benefit other than SSI you will get Medicare after you have been entitled to Social Security disability benefits for two years.

How do I apply for Social Security disability benefits?

The best way to file a claim is to go to the nearest Social Security office and file the claim in person. But you can contact Social Security and arrange for a telephone interview to file the claim.

How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?

You can file for Social Security disability benefits on the very same day you become disabled. If you’ve suffered serious illness or injury and expect to be out of work for a year or more don’t delay in filing a claim for Social Security disability benefits.

I am still on sick leave from my employer. Can I file for Social Security disability now or do I have to wait until the sick leave is exhausted?

No, you do not have to wait until the sick leave is exhausted. You should file for Social Security disability benefits now if you believe that you will be out of work for a year or more.

I got hurt on the job. I am drawing workers’ compensation benefits. Can I file a claim for Social Security disability benefits now even though I’m receiving workers’ compensation benefits?

Yes, you can file a claim for Social Security disability benefits while receiving workers’ compensation benefits. It is best to file the Social Security disability claim as soon as possible because otherwise there may be a gap between the time the workers’ compensation ends and the Social Security disability benefits begin.

How does Social Security determine if I am disabled?

Social Security is supposed to gather your medical records and carefully consider all of your health problems, as well as your age, education, and work experience to decide whether you are able to do your past work. If Social Security decides that you are unable to do your past work, they are supposed to consider whether there is any other work which you can do considering your health problems and your age, education, and work experience.

If I am approved for Social Security disability benefits, how much will I get?

It depends on how much you worked and earned in the past. For disabled widow's or widower's benefits, it depends how much the late husband or wife worked and earned. For disabled adult child benefits, it depends how much the parent worked and earned. For all types of SSI benefits, there is a base amount that an individual with no other income receives. Other income that an individual has reduces the amount of SSI that he or she can receive.

How far back will they pay benefits if I am found disabled?

For Disability Insurance Benefits and for Disabled Widow's and Widower's Benefits, the benefits cannot begin until five months have passed after the person becomes disabled. In addition, benefits cannot be paid more than one year prior to the date of the claim. For a Disabled Adult Child, there is no five-month waiting period before benefits begin, but benefits cannot be paid more than six months prior to the date of the claim. SSI benefits cannot be paid prior to the start of the month following the date of the claim.

If you were wrongfully denied social security disability benefits, contact Farah and Farah today to speak with our attorneys about filing a claim.

Please fill out the following form to contact Eddie Farah and the attorneys of Farah and Farah.

Farah and Farah, P.A.
10 West Adams Street
Jacksonville, Florida 32202
Phone: (800) 533-3555