Our dedicated legal assistants at Hoffman, Larin & Agnetti handle the intricate and often overwhelming process of applying for Social Security Disability (SSDI) benefits. With years of collective experience, we process numerous forms, communicate with the Social Security office, follow up with medical providers for timely records, and ensure that everything is submitted correctly and on time. We understand how daunting the disability application process can be, so we’ve put together some tips to help guide you through it. Note: this is not to be taken as legal advice.
How Long Will the Process Take?
The Social Security Administration (SSA) suggests that the initial application takes 6-8 months. However, it’s common for the process to take up to a year. We are often asked whether hiring a lawyer will speed up the process. While we cannot shorten the SSA’s timelines directly, our role is to ensure that your forms are completed accurately and filed without delays. This helps prevent unnecessary setbacks.
Here’s a general timeline for Florida applicants:
- Initial Application: Initial applications in Florida take anywhere from 4 months to 1 year.
- Reconsideration (the first appeal): Takes an additional 3-9 months.
- Administrative Law Judge (ALJ) Hearing (the second appeal): This hearing is typically scheduled 4-8 months after the appeal is filed.
What Are the Chances of Being Approved f or SSDI?
Approval rates for disability benefits can vary significantly depending on the stage of your claim:
- Initial application: About 20% are approved.
- Reconsideration (first appeal): In Florida, only about 8% of applicants are approved at this stage.
- ALJ Hearings: Approximately 50% of applicants are approved when their case reaches a hearing before an administrative law judge.
It’s important to remember that many denials occur due to technical reasons, such as not meeting the SSA’s work requirements or earning too much while applying.
Can You Work While Applying for Disability?
Yes, you can apply for disability benefits while working, but strict income limits exist. If your earnings exceed $1,470 per month (for non-blind individuals in 2023), your application will likely be denied because it shows you are engaged in “substantial gainful activity” (SGA).
The SSA also uses a five-step process to determine whether you qualify for SSDI and/or Supplemental Security Income (SSI). Part of this process involves assessing your ability to work, the severity of your condition, and whether your disability is expected to last a year or longer.
Why Are So Many Disability Claims Denied?
It’s common for disability claims to be denied for reasons that may seem unfair, but understanding these can help strengthen your case. Some of the most common reasons include:
- Insufficient Medical Evidence: If your medical records do not clearly show how your condition limits your ability to work, your claim could be denied.
- Failure to Follow Prescribed Treatment: The SSA expects applicants to follow their doctor’s treatment recommendations. Not doing so could lead to a denial.
- Earning Too Much: If your income exceeds the SSA’s limits for SGA, your application will be denied.
- Disability Not Severe Enough: If the SSA believes your condition isn’t severe enough to prevent you from working, they may deny your claim.
- Substance Abuse: If the SSA determines that substance abuse is the primary cause of your disability, your application may be denied.
Applying Successfully
To successfully apply for SSDI benefits, you must meet the SSA’s strict definition of disability. Your condition must significantly limit your ability to perform basic work activities and last at least 12 months. You must also have paid into the Social Security system through your work history.
If your application is denied, don’t give up. Our attorneys at Hoffman, Larin & Agnetti are here to help guide you through the appeal process.
Call us at 305-653-5555 Text us at 305-653-1515 Email us at [email protected] or Complete the form on www.hlalaw.com and we will call you.
