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Social Security Disability Lawyer
Social Security Disability Attorneys in Crestview FL
Dedicated to Assisting You Every Step of the Way, Allowing You to Focus on Recovery
At Whibbs Stone Barnett Turner, PA, we understand that the process of applying for Social Security Disability benefits or disputing a denial can be overwhelming and anxiety-inducing. Although legal representation isn’t mandatory for filing Social Security claims, our extensive experience spanning thirty years shows that individuals who partner with knowledgeable Crestview Social Security Disability Attorneys often achieve higher success rates with their claims and appeals. Our clients find comfort in knowing that a skilled attorney is diligently defending their rights.
Reasons to Hire an SSD Lawyer in Crestview, FL
Our goal is to make the process of securing Social Security Disability benefits straightforward for our clients. Every attorney in our firm is dedicated to navigating the intricate Social Security system to help clients obtain the full benefits they deserve. We genuinely care about the people we serve and understand the challenges they encounter. In each case, we ensure clients remain fully informed about their rights and the procedural aspects involved. We communicate directly with the Social Security Administration on your behalf, assist in collecting essential medical documentation, support your benefit applications, advocate for your interests in hearings, and prepare you for potential questions.
You incur no fees unless we successfully win your case, as we work on a contingency fee basis. Typically, our fee amounts to 25 percent of any back benefits awarded, which requires Social Security’s approval.
If you’ve suffered a workplace injury, don’t hesitate to contact one of our Crestview Social Security Disability/Workers’ Compensation attorneys for a complimentary consultation.
Thinking About Filing for SSD in Crestview, FL
Deciding to apply for Social Security Disability benefits can be a tough choice.
Important considerations include:
You might qualify for benefits even while working part-time. If you’ve cut back your hours to under 40 per week due to a physical or mental condition and are earning less than $940 monthly before taxes, think about applying—especially if further hour reductions are anticipated.
On average, a disability claim takes approximately 24 months to process from the application stage to the decision after an administrative hearing.
Delaying your Social Security Disability application could lead to lost financial benefits.
The cause of your disability is not a factor in your Social Security Disability claim, unlike in workers’ compensation or personal injury lawsuits.
If you regain the ability to work later, you can choose to withdraw your application at that point.
Main Categories of Disability
Disability benefits primarily fall into two categories: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Social Security Disability Insurance Benefits
To qualify for SSDI, you need to have worked and paid into Social Security for a specific duration—namely, five out of the last ten years before your disability. The criteria are more lenient for individuals who became disabled before turning 30.
It’s vital to recognize that these benefits are only accessible for a limited time after you stop working. You must prove that your disability occurred before your coverage ended; if you can’t, you will be ineligible, no matter how severe your condition is. If there’s a delay in applying for these insurance benefits, consider pursuing SSI instead; however, eligibility is based on financial need, and many applicants may not meet these criteria.
Timely submission of your application is crucial for maximizing retroactive benefits, or back pay, which is available only from the year preceding your application. If accepted, your monthly benefit will reflect your prior earnings and Social Security contributions. There is no guaranteed minimum, but benefits could reach up to $2,100+ monthly. Additionally, benefits typically receive a cost-of-living adjustment each year, and extra assistance may be available for dependent children.
Supplemental Security Income (SSI)
Individuals who have not made the required Social Security contributions can still qualify for SSI benefits. Eligibility requires meeting the same disability standards as SSDI, being blind, or being over 65 years old. Since SSI is based on need, your income and assets must be limited. Social Security examines your household’s total income and resources—not solely your own—to determine SSI eligibility, including any external assistance (like free housing or meals). This assessment happens alongside your disability application review. Furthermore, certain children under 18 with significant disabilities may be eligible for monthly benefits if the family income is sufficiently low.
The maximum SSI benefit is $994 monthly. Retroactive SSI payments, also known as back pay, start from the first full month after your application; no payments are made for months prior to your application.
Additional Types of Disability Benefits
Disability Widow/Widower Benefits
This benefit aids qualifying disabled widows and widowers based on the Social Security contributions made by their late spouse. To qualify, you must be between 50 and 60 years old and have been married for a minimum of ten years to someone covered by Social Security at the time of their death. You need to prove that your disability was severe within seven years after your spouse’s death, although exceptions exist for those already receiving other Social Security benefits. If approved, your monthly benefits will be calculated based on your deceased spouse’s prior earnings and contributions. Typically, a surviving spouse can start receiving benefits at age 60, regardless of disability status.
Disabled Adult Child Benefits
To qualify, you need to be the biological or adopted child of someone receiving Disability Insurance Benefits or Retirement Benefits, or of a deceased individual covered by Social Security. You must be at least 18 and provide proof that your total disability began before you turned 22 and continues presently. The monthly benefit amount varies and is a percentage of the beneficiary parent’s entitlement.
The SSD Application Process
When you decide to apply, it’s best to act swiftly to avoid losing any benefits.
You may submit your Social Security Disability application online, call the toll-free number at 800-772-1213, or visit the nearest Social Security office. For residents of Crestview, our office is located at 28 Walter Martin Road NE, Ft Walton, FL, and visits require an appointment. While processing times can vary, most applications are reviewed within 30 to 180 days. If denied, it’s essential to appeal within 60 days.
The appeals process differs by state. Florida includes three levels: the initial application, reconsideration, and the administrative hearing. In contrast, Alabama has only two levels: the initial application and the administrative hearing.
Typically, reconsideration appeals in Florida take between 30 and 180 days, followed by a written decision. If the result is negative, you need to file for an administrative hearing within 60 days of the denial.
Following a request for an administrative hearing, expect to wait around 16 months for it to occur. During this period, you will present your case to an administrative law judge, who may permit expert testimony from vocational or medical practitioners. A written decision is usually made available approximately 30 to 90 days after the hearing.
How Will Social Security Evaluate My Claim?
The SSA evaluates claims using a five-step sequential assessment process:
STEP 1: Are you currently employed?
You may still qualify as disabled while working, as long as your work isn’t considered substantial. Typically, earning more than $1,690 per month or working over 40 hours a week is seen as substantial.
STEP 2: Is your condition serious?
To be eligible, your medical condition must significantly impede essential job functions.
STEP 3: Is your condition defined as disabling?
The SSA has a list of severe medical conditions that automatically qualify for disability. If your condition isn’t listed, it will be compared against those on the list. If it’s found to be of equal severity, you will be deemed disabled.
STEP 4: Can you perform your previous work?
If your condition is serious but not on the list, it will be assessed to determine if it limits your ability to perform your previous job. If it does not prevent you from doing that work, your claim will be denied.
STEP 5: Can you perform any other work?
If you can’t do your former job, the SSA will check if you can transition to another job, considering your medical conditions, age, education, work history, and transferable skills. If transition is not possible, your claim will be approved; if it is, your claim will be denied.
Crestview Social Security Disability Attorneys You Can Trust
Navigating the Social Security Disability benefits application process can be complex and lengthy. You don’t have to tackle it by yourself. Let us handle the intricacies for you. We have effectively managed hundreds of SSD/SSI claims for our clients.
For a FREE CONSULTATION on any personal injury claims with an SSD attorney in Crestview, Destin, Fort Walton Beach, Pensacola, Niceville, Milton, Pace, Gulf Breeze, and Fairhope, AL, contact Whibbs Stone Barnett Turner, PA at (850) 500-1111 or online. We are dedicated to offering the service you expect and the compensation you deserve. We’re here to assist you.
