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Social Security Disability Application Process

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Social Security Disability Application Process

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Tampa SSDI Lawyer to Help with Your Disability Application | Mike Murburg

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A Tampa SSDI lawyer at Mike Murburg PA helps you file a successful initial application that reduces delays & denials so you receive the benefits you need

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Basics of Social Security Retirement Benefits

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Basics of Social Security Retirement Benefits

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The Division of Disability Determinations is responsible for making the determination of medical eligibility for Florida citizens who apply for disability benefits under the federal Social Security Administration disability programs (Social Security Disability-Title II and Supplemental Security Income-Title XVI), and under the state Medically Needy program. It is also responsible for the periodic Continuing Disability Review (CDR) of all SSA disability beneficiaries to determine if they continue to meet medical eligibility criteria.

Applications for Social Security disability benefits are filed at the claimant's local Social Security Administration (SSA) field office or online at www.ssa.gov. Applications for benefits under the Medically Needy program are made at a local office of the Department of Children and Families. For both programs the application is forwarded to the Division of Disability Determinations for a determination of medical eligibility. The claim is then returned to either the Social Security Administration or the Department of Children and Families for a final determination of technical (non-medical) eligibility and effectuation of any benefits due the claimant.

Bureau of Medical Disability Program Operations

Program Operations is responsible for the principal mission of the division, which is the actual processing and adjudication of claims for disability. This bureau ensures an effective and efficient workflow process that enables the division to meet federally and state mandated production, cost and quality goals. Program Operations constitutes the largest segment of the division, representing 85% of total division staffing.

Quality Assurance

This unit is responsible for claims accuracy assurance through rigorous internal claim reviews, federal review data analysis, and special targeted studies.

Bureau of Medical Disability Administrative Services

This bureau is responsible for providing administrative support functions, including Budget, Facilities Management, Purchasing, Finance and Accounting, Human Resources Management; and Security and Safety.

Bureau of Medical Disability Information Services

This bureau is responsible for the administrative oversight and management of all Information Technology functions to include the Local Area Network, Wide Area Network, servers, workstations, printers, iSeries, Helpdesk, Legacy System Application, application development, web publishing, systems security, access control, and all other overall system related tasks in the support of the processing of disability cases.

Bureau of Medical Disability Program Services

This bureau is responsible for coordinating the analysis and dissemination of federal and internal policies and procedures; congressional and critical case inquiry responses; training development; and processes requests for consultative examinations from administrative law judges in the Social Security Administration's Office of Disability Adjudication and Review (hearings).

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disability; disability determinations; social security; public health; health

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The Division of Disability Determinations is responsible for making the determination of medical eligibility for Florida citizens who apply for disability benefits.

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Eligibility for Social Security Disability Benefits

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Eligibility for Social Security Disability Benefits

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Tampa Social Security Lawyers Explaining Eligibility for Disability

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The Tampa Social Security lawyers at Mike Murburg, P.A. offer free consultations to determine your disability eligibility and help you with your application

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15501 North Florida Ave

Tampa, FL 33613

Phone: (813) 264-5363

http://www.disabilityattorney.net/

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If you are newly disabled, you may be still in shock, and learning to cope with your new reality. Whether you have a degenerative illness or had a serious injury, it is a definite adjustment to go from being an able-bodied person to someone who is no longer that, and may never be that again. It may feel like your entire life and conception of yourself have been shattered in an instant.

While it may feel like your life is over, that is not the case. Yes, the life as you knew it before may become drastically different going forward. However, there are many people with disabilities who go on to lead very successful lives. With the right mindset, you can be one of these people.

If your disability was caused by some kind of injury-such as a motor vehicle collision or workplace accident-there will likely be trauma to process. Not only the trauma of the accident itself, but the trauma of losing the life you once had.

You may experience an onslaught of emotions, including sadness, anger, fear, and disbelief. These emotions are completely normal, and should not be ignored or suppressed. Having your mobility suddenly hindered is a profound loss, so allow yourself time to mourn the loss of your old self and your old life. You are not obligated to "put on a happy face" while you are still coming to terms with your new reality.

As a serious disability may make it difficult or impossible to continue to work, it is important to take advantage of any financial assistance that may be available. If your injuries were caused by the negligence of another party, you may be entitled to compensation. For instance, a workplace accident qualifies you for filing a workers' compensation claim. Likewise, if you were in a motor vehicle accident in which you were not at fault, you may be eligible to make a claim against the other driver's insurance company, or against the vehicle manufacturer if a mechanical defect contributed to the accident.

If your injury permanently impedes your ability to work, you may also qualify for long-term disability, social security disability, or other government assistance programs. While in many cases the amount may not be equal to what you are making before, it can at least help keep a roof over your head. Dealing with a new disability is difficult enough without having to wonder how to pay your rent on top of it. There are also assistance options through Medicaid, including resources for hiring a home care provider if you need one.

Try to resist the urge to give up on your health. Not only is it important to follow the treatment programs prescribed by your doctor-such as medications or physical therapy-your quality of life will be better if you make your overall health a priority. This includes eating healthy and engaging in whatever physical activities you are able to do.

Taking care of your physical health will also help improve your mental health. It is not uncommon for those who have experienced a life-changing illness or injury to develop mental health issues such as PTSD, depression, or anxiety. You may need the assistance of a therapist to help manage these issues and to develop new stress-management techniques.

Don't be ashamed to use whatever aids are available to you to make your life easier. If mobility aids such as a cane, wheelchair, or other device helps you to get around, don't worry about other people's judgments. Likewise, if taking medication for pain or mental health symptoms makes your day-to-day life more manageable, the only opinions that matter are yours and your doctor's. You are the one who has to live your new life, and there is no reason to accept a life that is more difficult than it needs to be simply to fulfill the expectations of others.

The support of a professional therapist while you are learning to adapt to your new life can give you a place to process the complex feelings involved. There are also disability support groups where you can meet and have discussions with people who understand what you are going through. While some may not be able to afford therapy, many support groups are free. In addition, you may find joining an organization or advocacy group for your disability can provide connection and a sense of purpose.

It is also important to accept help from your friends and family. They may be at a loss for what to say or how they can help, but often they are eager to assist if you tell them how. Maybe someone to pick up your groceries would lessen your burden, or maybe you just need someone to vent to. While they may not be able to understand what you are going through, and may behave awkwardly around you, don't turn your back on those who show they truly care. Accepting help is not a weakness, it is a sign of strength.

Of course, this is easier said than done. And this does not mean pretending any "negative" emotions you may experience don't exist, or beating yourself up for taking a long time to adjust to your new reality. It's not going to happen overnight.

However, a shift in your focus from the things you can't do to the things you still can has the potential to change your whole outlook. Developing a meditation or spiritual practice may help with this. Cultivating mindfulness in particular can help bring your focus to the present rather than dwelling on the loss of your past life or worrying about the future.

Remember that a disability is something you have, not something you are. Even if you are not able to do all the things you were before, you are still you. You are still entitled to a fulfilling life, relationships, hobbies, and career. You can learn to find happiness in your new life, with the right mindset.

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Tips for moving forward when it feels like the life you once knew is over.

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Disability Issues: Can You Go Back to Work?

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Disability Issues: Can You Go Back to Work?

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Disability Issues: Can You Go Back to Work? - Mike Murburg, PA

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Attorney Mike Murburg explains what you need to know about protecting your disability benefits and returning to work.

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Factors Influencing When You Should Receive SSA Benefits

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Factors Influencing When You Should Receive SSA Benefits

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Generally speaking, your decision to receive lower benefits sooner will hinge substantially on your health expectations. If you are in good health, then you may have to plan for three decades (or more) of retirement! Though good health is anything but a certainty, you should not assume that your health will deteriorate early - unless you have good reason to believe it. If you live a long retired life, you are much more likely to benefit from waiting for a few years for your full retirement benefit.

Suppose, for example, that your total benefit is $500 per month, and the difference in your monthly benefit is $100 if you choose to receive your benefit early, at age 64, as opposed to receiving your full retirement benefit at age 65. If you have a three decades-long retirement, the difference in payments could add up to roughly $30,000 - accounting for the additional year of early payments, of course.

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Factors Influencing When You Should Receive SSA Benefits

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Throughout the USA, those eligible for SSA retirement benefits must decide whether to wait until full retirement age or receive reduced benefits early. Read on to learn more.

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Title II Old-Age, Survivors, and Disability Insurance

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Title II Old-Age, Survivors, and Disability Insurance

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Disability Rights Florida offers free and confidential services to Floridians with disabilities.

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SSI vs. SSDI - What’s the Difference? - Mike Murburg, PA

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Tampa disability attorney Mike Murburg explains the difference between SSI and SSDI and when you may qualify for both benefits.

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How Your Doctor Can Help Your SSDI Claim Get Approved

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How Your Doctor Can Help Your SSDI Claim Get Approved

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How Your Doctor Can Help Your SSDI Claim Get Approved

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Disability Benefits | How Does Someone Become Eligible?

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Disability Benefits | How Does Someone Become Eligible?

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How You Qualify

To qualify for Social Security disability benefits, you must first have worked in jobs covered by Social Security. Then you must have a medical condition that meets Social Security's definition of disability. In general, we pay monthly benefits to people who are unable to work for a year or more because of a disability.

Benefits usually continue until you are able to work again on a regular basis. There are also a number of special rules, called "work incentives," that provide continued benefits and health care coverage to help you make the transition back to work.

If you are receiving Social Security disability benefits when you reach full retirement age, your disability benefits automatically convert to retirement benefits, but the amount remains the same.

How Much Work Do You Need?

In addition to meeting our definition of disability, you must have worked long enough - and recently enough - under Social Security to qualify for disability benefits.

Social Security work credits are based on your total yearly wages or self-employment income. You can earn up to four credits each year.

The amount needed for a work credit changes from year to year. In 2021, for example, you earn one credit for each $1,470 in wages or self-employment income. When you've earned $5,880, you've earned your four credits for the year.

The number of work credits you need to qualify for disability benefits depends on your age when you become disabled. Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled. However, younger workers may qualify with fewer credits.

For more information on whether you qualify, refer to How You Earn Credits.

Remember that whatever your age, you must have earned the required number of work credits within a certain period ending with the time you become disabled. If you qualify now but you stop working under Social Security, you may not continue to meet the disability work requirement in the future.

What We Mean By Disability

The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.

We consider you disabled under Social Security rules if all of the following are true:

You cannot do work that you did before because of your medical condition.

You cannot adjust to other work because of your medical condition.

Your disability has lasted or is expected to last for at least one year or to result in death.

This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings, and investments.

How We Decide If You Are Disabled

If you have enough work to qualify for disability benefits, we use a step-by-step process involving five questions to determine if you are disabled. The five questions are:

1. Are you working?

If you are working in 2021 and your earnings average more than $1,310 a month, you generally cannot be considered disabled.

If you are not working, we will send your application to the Disability Determination Services (DDS) office that will make the decision about your medical condition. The DDS uses Steps 2-5 below to make the decision.

2. Is your condition "severe"?

Your condition must significantly limit your ability to do basic work-related activities, such as lifting, standing, walking, sitting, or remembering - for at least 12 months. If it does not, we will find that you are not disabled.

If your condition does interfere with basic work-related activities, we go to Step 3.

3. Is your condition found in the list of disabling conditions?

For each of the major body systems, we maintain a list of medical conditions that we consider severe enough that it prevents a person from doing substantial gainful activity. If your condition is not on the list, we have to decide if it is as severe as a medical condition that is on the list. If it is, we will find that you are disabled. If it is not, we then go to Step 4.

We have two initiatives designed to expedite our processing of new disability claims:

Compassionate Allowances: Certain cases that usually qualify for disability can be allowed as soon as the diagnosis is confirmed. Examples include acute leukemia, Lou Gehrig's disease (ALS), and pancreatic cancer.

Quick Disability Determinations: We use sophisticated computer screening to identify cases with a high probability of allowance.

For more information about our disability claims process, visit our Benefits For People With Disabilities website.

4. Can you do the work you did previously?

At this step, we decide if your medical impairment(s) prevents you from performing any of your past work. If it doesn't, we'll decide you don't have a qualifying disability. If it does, we proceed to Step 5.

5. Can you do any other type of work?

If you can't do the work you did in the past, we look to see if there is other work you could do despite your medical impairment(s).

We consider your medical conditions, age, education, past work experience, and any transferable skills you may have. If you can't do other work, we'll decide you are disabled. If you can do other work, we'll decide that you don't have a qualifying disability and your claim will be denied.

Special Situations

Most people who receive disability benefits are workers who qualify on their own records and meet the work and disability requirements we have just described. However, there are some situations you may not know about:

Special Rules For People Who Are Blind Or Have Low Vision

We consider you to be legally blind under Social Security rules if your vision cannot be corrected to better than 20/200 in your better eye or if your visual field is 20 degrees or less, even with a corrective lens. Many people who meet the legal definition of blindness still have some sight and may be able to read large print and get around without a cane or a guide dog.

If you do not meet the legal definition of blindness, you may still qualify for disability benefits if your vision problems alone or combined with other health problems prevent you from working.

There are a number of special rules for people who are blind that recognize the severe impact of blindness on a person's ability to work. For example, the monthly earnings limit for people who are blind is generally higher than the limit that applies to non-blind disabled workers.

In 2021, the monthly earnings limit is $2,190.

Benefits For Disabled Widows Or Widowers

If something happens to a worker, benefits may be payable to their widow, widower, or surviving divorced spouse with a disability if the following conditions are met:

The widow, widower, or surviving divorced spouse is between ages 50 and 60.

The widow, widower, or surviving divorced spouse has a medical condition that meets the definition of disability for adults and the disability started before or within seven years of the worker's death.

If a widow or widower who is caring for the worker's child(ren) receives Social Security benefits, she or he is still eligible for disabled widow's or widower's benefits if their disability starts before those payments end or within seven years after they end.

Widows, widowers, and surviving divorced spouses cannot apply online for survivors benefits. However, if they want to apply for these benefits, they should contact Social Security immediately at 1-800-772-1213 (TTY 1-800-325-0778) to request an appointment

To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.

We use the same definition of disability for widows and widowers as we do for workers.

Benefits For A Disabled Child

A child under age 18 may be disabled, but we don't need to consider the child's disability when deciding if he or she qualifies for benefits as a dependent. The child's benefits normally stop at age 18 unless he or she is a full-time student in an elementary or high school (benefits can continue until age 19) or is disabled.

Children who were receiving benefits as a minor child on a parent's Social Security record may be eligible to continue receiving benefits on that parent's record upon reaching age 18 if they are disabled.

Adults Disabled Before Age 22

An adult who has a disability that began before age 22 may be eligible for benefits if a parent is deceased or starts receiving retirement or disability benefits. We consider this a "child's" benefit because it is paid on a parent's Social Security earnings record.

The disabled "adult child" - including an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild - must be unmarried, age 18 or older, have a disability that started before age 22, and meet the definition of disability for adults.

Example: A worker starts collecting Social Security retirement benefits at age 62. He has an unmarried 38-year old son who has had cerebral palsy since birth. The son may start collecting a disabled "child's" benefit on his father's Social Security record.

It is not necessary that the disabled "adult child" ever worked. Benefits are paid based on the parent's earnings record.

A disabled "adult child" must not have substantial earnings. The amount of earnings we consider "substantial" increases each year. In 2021, this means working and earning more than $1,310 a month.

Certain expenses the disabled "adult child" incurs in order to work may be excluded from these earnings. For more information about work and disability, refer to Working While Disabled: How We Can Help.

What if the adult child is already receiving SSI benefits or disability benefits on his or her own record?

A disabled "adult child" already receiving SSI benefits or disability benefits on his or her own record should check to see if benefits may be payable on a parent's earnings record. Higher benefits might be payable and entitlement to Medicare may be possible.

How do we decide if an adult "child" is disabled for SSDI benefits?

If a child is age 18 or older, we will evaluate his or her disability the same way we would evaluate the disability for any adult. We send the application to the Disability Determination Services (DDS) in your state that completes the disability decision for us.

What happens if the adult child gets married?

If he or she receives benefits as a disabled "adult child," the benefits generally end if he or she gets married. However, some marriages (for example, to another disabled "adult child") are considered protected.

The rules vary depending on the situation. Contact a Social Security representative at 1-800-772-1213 (If you are deaf or hard of hearing, call TTY number at 1-800-325-0778) to find out if the benefits can continue.

At this time, you cannot apply for disabled adult child's benefits online. If you wish to file for benefits, contact Social Security immediately at 1-800-772-1213 (TTY 1-800-325-0778) to request an appointment. If you delay, some potential benefits could be lost.

To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.

Related Information

Publications

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How You Qualify | Disability Benefits | SSA

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This disability planner page explains how you qualify for benefits if you become disabled. This disability planner page explains how long, and when, you need to have worked to qualify for Social Security disability. This disability planner page explains the Social Security definition of disability.

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Attorney Mike Murburg can help you with any Social Security Disability claim you may be entitled to file. Contact our offices for a free consultation.