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Social Security Disability Lawyer
Social Security Disability Attorneys in Niceville, FL
With You Every Step of the Way, Alleviating Your Concerns
At Whibbs Stone Barnett Turner, PA, we recognize that navigating the process of applying for Social Security Disability benefits or challenging a denial can be daunting and filled with stress. While hiring a lawyer isn’t required for filing Social Security claims, our 30 years of extensive experience show that individuals represented by skilled Niceville Social Security Disability Lawyers often achieve higher success in their claims and appeals. Our clients experience peace of mind knowing a dedicated attorney is working tirelessly on their behalf.
Why Hire an SSD Attorney in Niceville, FL
Our aim is to make the journey toward obtaining Social Security Disability benefits as smooth as possible. Each injury attorney at our firm is committed to guiding clients through the complex Social Security system to help them obtain maximum benefits. We truly care about our clients and empathize with the difficulties they face. In every case, we ensure clients are fully informed about their rights and the entire process. We communicate directly with the Social Security Administration for you, assist in gathering necessary medical records, support benefit applications, represent you at hearings, and prepare you for any questions that may arise.
You will incur no fees unless we successfully win your case — we work on a contingency fee arrangement. Typically, our fee is 25 percent of any back benefits awarded, which is subject to Social Security approval.
If you’ve been injured at your workplace, you’re welcome to consult our Niceville workers’ compensation attorneys at no cost.
Making the Decision to Apply for SSD in Niceville, FL
The choice to apply for Social Security Disability benefits is often a challenging one.
Here are some factors to consider:
You could qualify for benefits even if you’re working part-time. If you’ve had to cut back your hours to under 40 per week due to a physical or mental condition and are earning less than $940 a month before taxes, it’s worth considering an application, especially if further reductions in hours seem possible.
On average, the processing time for a disability claim is about 24 months from application to the administrative hearing before a decision is made.
Postponing your Social Security Disability application may result in losing out on critical financial benefits.
Unlike workers’ compensation or personal injury claims, the cause of your disability does not affect your Social Security Disability claim.
If you find you can return to work later, you have the option to withdraw your application.
Main Types of Disability
There are two main types of disability benefits available: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Social Security Disability Insurance Benefits (SSDI)
You might be eligible for these benefits if you have worked and paid Social Security taxes for a specified time—specifically, five of the ten years leading up to your total disability.
For those who became disabled before age 30, the requirements are less rigorous.
It’s important to note that coverage lasts only for a limited time after you stop working. You must prove that your disability took place before your insurance coverage expired; otherwise, regardless of the severity of your medical condition, you won’t qualify for benefits. If you find yourself ineligible for disability insurance benefits due to a delay, applying for Supplemental Security Income (SSI) might be an alternative, though eligibility hinges on financial need, and many applicants may not qualify.
Filing your application quickly is crucial for maximizing your retroactive benefits, or back pay, which only applies to the year preceding your application.
If your claim is granted, your monthly benefit amount will reflect your earnings and Social Security tax contributions from your work history. There’s no guaranteed minimum, but recipients can receive as much as $2,100+ monthly. Additionally, benefits usually see a cost-of-living adjustment at the start of most years, and dependent children typically receive extra benefits as well.
Supplemental Security Income (SSI)
Individuals who haven’t met the required Social Security tax contributions can still qualify for SSI benefits. To be eligible, you must meet the same disability criteria set forth for disability insurance or be blind or over 65. Your income and assets must be low, as this financial assistance is needs-based. Social Security evaluates your household’s total income and assets—not just your own—including any outside support (like free housing or meals) to determine SSI eligibility. This assessment is undertaken alongside the assessment of your disability claim. Moreover, certain children under 18 with significant disabilities may qualify for monthly benefits if family income is sufficiently low.
The maximum monthly SSI benefit is $994.
Retroactive SSI payments, known as back pay, start only from the first full month following your application; no payments will be granted for months prior to applying.
Other Forms of Disability Benefits
Survivor Benefits for Disabled Widows/Widowers
This benefit is designed to aid qualified disabled widows and widowers based on the Social Security taxes contributed by their deceased spouse. To be eligible for Social Security survivor benefits, you typically need to be at least 60 years old (or between 50-59 if disabled) and have been married for a minimum of nine months. For divorced spouses, the marriage should have lasted a minimum of ten years. Remarrying before age 60 (or 50 if disabled) usually terminates this eligibility.
Additionally, you must prove that your disability was severe within seven years of your spouse’s passing, though exceptions apply for individuals already receiving other Social Security benefits. If accepted, the monthly benefit amount will be based on your late spouse’s earnings and Social Security contributions. Generally, a surviving spouse can start receiving their pension at age 60, regardless of disability.
Benefits for Disabled Adult Children
You may qualify if you are a biological or adoptive child of someone receiving Disability Insurance Benefits or Retirement Benefits, or of a deceased individual who was previously covered by Social Security. You must be over 18 years old and provide evidence that your disability began before age 22 and is ongoing. The monthly benefit is calculated as a percentage of the benefiting parent’s rate.
Applying for Social Security Disability
Once you’ve made the decision to apply, it’s important to act quickly to avoid missing out on benefits.
You can apply for Social Security Disability benefits online, by calling 800-772-1213, or by visiting a local Social Security office. For those in Destin/Ft. Walton/Niceville/Crestview area, our office at 28 Walter Martin Road NE, Ft Walton, FL, operates by appointment only. Processing times can vary, but most applications are typically reviewed within 30 to 180 days. If denied, you have 60 days to appeal.
The appeals process can differ by state. In Florida, there are three steps: an initial application, reconsideration, and an administrative hearing. Alabama only has two steps: the initial application and the administrative hearing.
Reconsideration appeals in Florida usually take 30 to 180 days. After this period, you’ll receive a written decision. If the result is negative, you must file for an administrative hearing within 60 days of the denial.
After filing for an administrative hearing, expect to wait approximately 16 months for it to take place. During the hearing, you’ll present your case to an administrative law judge, who may call in vocational or medical experts to give testimonies. You’ll get a written decision around 30 to 90 days post-hearing.
How Will the SSA Assess My Claim?
The SSA evaluates claims utilizing a five-step sequential process:
STEP 1: Are you currently employed?
You can still be considered disabled while working, as long as your work is not substantial. Generally, earning over $1,690 a month or working more than 40 hours weekly is viewed as substantial.
STEP 2: Is your disability severe?
Your condition must significantly disrupt basic work activities for your claim to progress.
STEP 3: Is your condition recognized as disabling?
The SSA maintains a list of severe medical conditions that qualify as disabling. If your condition is not listed, it will be evaluated against the listed conditions for severity. If it matches their level of severity, you will be classified as disabled.
STEP 4: Can you perform your previous job?
If your condition is severe but not officially listed, it will be assessed whether it stops you from doing your past job. If it doesn’t, your claim will likely be denied.
STEP 5: Can you do any other kind of work?
If you’re unable to perform your past job, the SSA will consider if you can transition to alternative work based on your medical condition, age, education, work experience, and transferable skills. If you cannot adjust, your claim will be approved; if you can, it will be denied.
Reliable Disability Lawyers in Niceville, Florida
Navigating the process of applying for Social Security Disability benefits can be challenging and time-consuming. You don’t have to manage it on your own. Allow us to handle these complexities for you. We have successfully overseen numerous SSD/SSI claims on behalf of our clients.
For a FREE CONSULTATION regarding personal injury claims with an SSD attorney in Pensacola, Destin, Fort Walton Beach, Crestview, Niceville, Gulf Breeze, Milton, Pace and Fairhope AL, reach out to Whibbs Stone Barnett Turner, PA at (850) 500-1111 or contact us online. We are committed to providing the service you expect and the compensation you deserve. We’re ready to help you.
Make Your First Call, Your Best Call.
Whibbs Stone Barnett Turner, P.A.
Pensacola Office 801 W Romana St Unit C Pensacola, FL 32502 Maps & Directions
Fort Walton Beach 28 Walter Martin Rd Fort Walton Beach, FL 32548 Maps & Directions
Fairhope, Alabama 108 Professional Park Dr Fairhope, AL 36532 Maps & Directions
With offices in Pensacola, Fort Walton Beach/Destin, and Fairhope/Mobile, Alabama, we serve clients across much of the Florida panhandle and the Gulf Coast. We offer free consultations for all personal injury claims and always aim to provide top-notch legal representation.
