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Social Security Disability Lawyer
Social Security Disability Attorneys in Milton, FL
Committed to Guiding You Through the Process, So You Can Concentrate on Healing
At Whibbs Stone Barnett Turner, PA, we recognize that navigating the application for Social Security Disability benefits or contesting a denial can be daunting and stressful. While it’s not obligatory to have legal assistance for Social Security claims, our three decades of experience demonstrate that individuals who enlist the help of qualified Milton Social Security Disability Attorneys frequently achieve better outcomes with their claims and appeals. Our clients feel reassured knowing a competent attorney is proactively protecting their rights.
Benefits of Hiring an SSD Lawyer in Milton, FL
We strive to simplify the process of obtaining Social Security Disability benefits for our clients. Each attorney in our firm is committed to expertly guiding clients through the complex Social Security maze to ensure they receive the full benefits they are entitled to. We genuinely value the individuals we assist and are mindful of the hurdles they face. In every case, we keep clients fully apprised of their rights and the related procedures. We liaise directly with the Social Security Administration on your behalf, help gather crucial medical records, support your benefit requests, advocate for you during hearings, and prepare you for possible inquiries.
You won’t incur any fees unless we win your case, as we operate on a contingency fee basis. Typically, our fee is 25 percent of any retroactive benefits awarded, which must be approved by Social Security.
If you’ve experienced a workplace injury, don’t hesitate to reach out to one of our Milton social security/ workers’ compensation attorneys for a free consultation.
Considering Filing for SSD in Milton, FL
Choosing to apply for Social Security Disability benefits can be a significant decision.
Key points to think about include:
You may be eligible for benefits even if you’re working part-time. If you’ve reduced your hours to under 40 per week due to a physical or mental condition and are earning less than $940 monthly before taxes, consider applying—especially if further reductions in hours are likely.
On average, processing a disability claim takes about 24 months, from the initial application to the decision after an administrative hearing.
Postponing your Social Security Disability application could result in lost financial support.
Your disability’s cause is irrelevant to your Social Security Disability claim, unlike in workers’ compensation or personal injury cases.
If you regain the capacity to work later on, you have the option to withdraw your application at that time.
Primary Disability Benefit Categories
Disability benefits are mainly classified into two types: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Social Security Disability Insurance
To be eligible for SSDI, you should have worked and contributed to Social Security for a minimum of five years out of the past ten years prior to your disability onset. The guidelines are slightly more accommodating for those who became disabled before turning 30.
It’s essential to understand that these benefits are only available for a limited period once you cease working. You must demonstrate that your disability occurred before your insurance coverage expired; failure to do so will make you ineligible, regardless of the severity of your condition. If there’s a delay in applying for SSDI, you might want to consider SSI, although eligibility for SSI is contingent upon financial need, meaning many applicants may fall short of these requirements.
Prompt submission of your application is vital to optimize potential retroactive benefits, or back pay, which is provided only from the year prior to your application. If approved, your monthly benefit will be based on your previous income and Social Security contributions. There is no guaranteed minimum, but benefits can amount to as much as $2,100+ each month. Moreover, benefits generally receive annual cost-of-living adjustments, and additional help may be available for dependent children.
Supplemental Security Income (SSI)
For those who haven’t made the necessary Social Security contributions, SSI benefits may still be an option. To qualify, you must meet the same disability criteria as SSDI, be blind, or be over the age of 65. Since SSI is need-based, your income and assets need to be limited. Social Security assesses your household’s overall income and resources—not just your own—to determine your eligibility for SSI, considering any external support (like free housing or meals). This evaluation occurs concurrently with the assessment of your disability application. Additionally, certain disabled children under 18 may qualify for monthly benefits if the family income meets low thresholds.
The maximum monthly SSI benefit stands at $994. Retroactive payments, often referred to as back pay, commence from the first full month following your application; none are granted for months prior to submission.
Other Forms of Disability Benefits
Disability Widow/Widower Benefits
This benefit provides assistance to qualifying disabled widows and widowers based on the Social Security contributions of their deceased spouse. To qualify, you must be between 50 and 60 years old and have been married for at least ten years to someone who was covered by Social Security at the time of their passing. You must substantiate that your disability is significant within seven years of your spouse’s death, although there are exceptions for those already receiving other Social Security benefits. If approved, your monthly benefits will be calculated based on your deceased spouse’s earnings and contributions. Typically, surviving spouses can begin receiving benefits at age 60, regardless of their disability status.
Disabled Adult Child Benefits
To be eligible, you must be the biological or adopted child of someone receiving Disability Insurance Benefits or Retirement Benefits, or a dead individual who was covered by Social Security. You need to be at least 18 and provide proof that your total disability commenced before you turned 22 and continues to this day. The monthly benefit amount varies and is a percentage of your parent’s entitled benefit.
The SSD Application Process
It is advisable to apply quickly to avoid missing out on any benefits.
You can submit your Social Security Disability application online, call the toll-free number at 800-772-1213, or visit the nearest Social Security office. For those in Milton, our Pensacola office is at 801 Romana St-Unit C, Pensacola FL, with visits requiring an appointment. While processing times may differ, most applications are reviewed within 30 to 180 days. If denied, it’s crucial to appeal within 60 days.
The appeals process varies by state. In Florida, there are three levels: the initial application, reconsideration, and the administrative hearing. In Alabama, there are only two levels: the initial application and the administrative hearing.
Typically, reconsideration appeals in Florida can take between 30 and 180 days, followed by a written decision. If the outcome is unfavorable, you must file for an administrative hearing within 60 days of the denial.
Once you request an administrative hearing, expect approximately 16 months for it to be scheduled. During this time, you’ll present your case to an administrative law judge, who may allow expert testimony from vocational or medical professionals. A written decision is usually available around 30 to 90 days after the hearing.
How Does Social Security Assess My Claim?
The SSA utilizes a five-step sequential assessment to evaluate claims:
STEP 1: Are you currently working?
You can still be deemed disabled while employed, provided your work is not classified as substantial. Generally, earning over $1,690 per month or working more than 40 hours weekly is seen as substantial.
STEP 2: Is your medical condition severe?
For eligibility, your medical issue must significantly hinder fundamental job functions.
STEP 3: Is your condition recognized as disabling?
The SSA maintains a list of severe medical conditions that automatically qualify you for disability. If your condition isn’t on this list, it will be compared to those that are. If it’s recognized as having equal severity, you will be classified as disabled.
STEP 4: Can you do your past work?
If your condition is serious yet not listed, it will be analyzed to see if it restricts your capability to perform your prior job. If it does not prevent you from continuing that work, your claim will likely be denied.
STEP 5: Can you do other kinds of work?
If you’re unable to perform your previous job, the SSA will evaluate whether you can shift to a different role, taking into account your medical conditions, age, education, work experience, and transferable skills. If a transition isn’t feasible, your claim will be approved; if it is, your claim will be denied.
Trustworthy Social Security Disability Attorneys in Milton, Fl
The process of applying for Social Security Disability benefits can be intricate and prolonged. You don’t have to face it alone. Allow us to manage the details for you. We have successfully handled hundreds of SSD/SSI claims for our clients. For a FREE CONSULTATION regarding personal injury claims with an SSD attorney in Pensacola, Destin, Fort Walton Beach, Crestview, Niceville, Milton, Pace, Gulf Breeze, and Fairhope, AL, get in touch with Whibbs Stone Barnett Turner, PA at (850) 500-1111 or reach out online. We’re committed to providing the services you expect and the compensation you deserve. We’re here to help.
