The experienced SSDI lawyers at Anidjar & Levine are committed to helping injured and disabled victims recover the benefits they deserve. We provide the highest quality legal representation to clients in Miami and other areas of Florida.
Although people pay years of Social Security taxes, few understand how the system works. Social security disability insurance (SSDI) actually pays cash benefits to injured individuals who are unable to work. Most people never think about a disabling injury that will keep them from making a living. But accidents causing serious injuries happen more often than you think. When the impairment or disability prevents you from returning to work, SSDI is there to help.
The Social Security Administration (SSA) is responsible for administering a government-funded insurance program that allows disabled workers to receive benefits until they can get back on their feet. SSDI benefits are generally reserved for those whose disability prevents them from being gainfully employed for one year or more. Disabled individuals continue to receive benefits until they can go back to work on a regular basis. SSDI also provides special programs and work incentives that facilitate the individual’s transition back into the workforce.
The process of determining whether a person is “disabled” is just that: a process. Sometimes, being disabled is not enough. The injured individual must demonstrate, through medical records, patient history, and other evidence, that he or she is disabled. Evidence of ongoing treatment for impairments that preclude gainful employment demonstrates the applicant’s eligibility for benefits. The SSA and administrative law judges use a qualitative approach to determine eligibility. Some of the factors they consider include:
- Current employment and earnings
- Severity of condition or impairment
- Ability to perform the same work as before
- Impairment’s interference with work-related activities
- Potential to do any other type of work
- Average monthly earnings less than statutory minimum
- Age, education, past work experience, transferable skills
- Whether your condition is on the SSA list of impairments
The SSA has a list of disabling impairments that affect every part of the body. If your listed impairment is severe, you are considered, by definition, “disabled.” If your condition is not on this list, the SSA will decide whether it is as severe as a listed impairment to merit benefits.
Only disabled or blind workers who are “insured” under the Social Security Act are entitled to SSDI benefits. These benefits extend to the disabled worker’s children and spouse. “Insured” workers are those who have earned a minimum of 20 “credits” within the past 10 years from work “covered” under the Social Security program.
If your disability prevents you from returning to work, call the experienced SSDI attorneys of Anidjar & Levine today. Florida law only allows disabled workers a limited time to bring a claim for social security disability benefits. Benefits will not begin until six months after you file your claim. Because the SSDI process is often technical and complex, it is important to have a qualified attorney representing you every step of the way. We can help you speed up the process and vastly improve your chances of receiving the benefits you deserve. For a free consultation, call 800-747-3733 or contact us online.