SSDI Benefits Attorney in Orlando, Florida

If you or a loved one is struggling to work through the intricate Social Security Disability Insurance (SSDI) application process in Orlando, Florida, you don’t have to do it alone. At Reese Legal in Orlando, Florida, we focus on helping individuals secure SSDI benefits, offering professional legal guidance every step of the way. 

We have years of experience serving clients in Orlando, Florida, and surrounding areas such as Windermere, Winterpark, Doctor Phillips, and Bay Hill. Our dedicated SSDI benefits attorney understands the challenges that come with applying for benefits and fighting for your rights. Contact us today.

What Is SSDI?

Social Security Disability Insurance is a federal program that provides monthly benefits to people with disabilities who are no longer able to work and have paid into the Social Security system. 

Unlike Supplemental Security Income (SSI), which is based on financial need, SSDI is an insurance program funded through payroll taxes. To qualify for SSDI, individuals must have a work history in which they have paid Social Security taxes, and their disabilities must meet the SSA’s strict criteria.

The goal of SSDI is to provide a safety net for individuals who have contributed to the system but find themselves unable to earn income due to severe disabilities.

However, to qualify for SSDI benefits, applicants must meet several criteria established by the Social Security Administration.

Eligibility for SSDI in Florida

These criteria for SSDI include work history, disability status, and medical evidence of the disability.

Work History Requirement

One of the primary eligibility factors for SSDI is the work history requirement. Individuals must have worked and paid Social Security taxes for a certain number of years. The specific number of years depends on the applicant’s age at the time they became disabled:

• Under 24 years old: Generally, an individual needs to have worked at least 1.5 years out of the last 3 years prior to becoming disabled.

• Aged 24-31 years: Generally, an individual needs to have worked for at least half of the period between the age of 21 and the onset of disability.

• Aged 31 or older: An individual typically needs to have worked for 5 years out of the 10 years preceding the disability.

To be eligible for SSDI, applicants must demonstrate that they have a medical condition that is severe enough to prevent them from performing any substantial gainful activity (SGA). 

SGA is defined as earning more than a certain amount per month (in 2024, this amount is $1,470 for non-blind individuals, according to the Social Security Administration).

The SSA requires that the disability is expected to last for at least 12 months or result in death.

The SSA uses a five-step process to determine if someone qualifies as disabled:

1. Are you working? If you are earning above the SGA limit, you aren't considered disabled.

2. Is your condition severe? The SSA looks at whether the condition significantly limits your ability to perform basic work activities.

3. Is your condition found in the SSA’s list of disabling conditions? If your condition is on the SSA’s list of impairments, you may automatically qualify.

4. Can you perform your past work? If you can still do your previous job, you aren't considered disabled.

5. Can you perform any other type of work? If your condition prevents you from performing any type of work, you may be eligible for SSDI.

If you believe you're eligible for SSDI benefits, but you have some uncertainty, don't hesitate to reach out to a SSDI benefits attorney at Reese Legal. Attorney Michael Reese can help you determine your eligibility and may help you collect the right documents you need to apply, such as medical evidence.

Medical Evidence

The SSA requires objective documentation such as medical records, test results, and other evidence that proves the severity of the condition. The medical documentation must show that the condition prevents the applicant from working and is expected to last for at least 12 months or result in death.

It's important to have this documentation ready when you begin the application process. Reach out to an experienced SSDI benefits attorney in Orlando for more information on the documentation you may need.

The Application Process for SSDI in Florida

Applicants can file for SSDI benefits online, by phone, or in person at a Social Security office. Florida residents can visit local Social Security Administration offices or use the SSA’s online services for their initial application. The online application is available through the SSA’s website and is often the most efficient method of filing.

When filing an application, individuals must provide detailed personal and work history information, including:

• Name, date of birth, and Social Security number

• Employment history for the last 15 years

• Names and contact information for healthcare providers

• Medical records and a description of the medical condition(s)

Once the application is submitted, the SSA forwards the case to Florida’s Disability Determination Services (DDS), which is responsible for reviewing the medical evidence and making a determination about the disability claim. 

This process can take several months. If additional medical information is needed, the SSA may request a consultative examination (CE) by an independent medical professional.

Wait Time and Potential Denial

Applicants may face a significant wait time for a decision, often ranging from 3 to 6 months. Additionally, many initial SSDI claims are denied. If the initial application is denied, individuals can appeal the decision. 

The appeal process has multiple levels, including reconsideration, a hearing before an administrative law judge (ALJ), and appeals to higher courts if necessary.

Expedited Claims for Certain Conditions

In some cases, individuals with specific severe medical conditions, such as terminal illnesses or certain cancers, may be eligible for expedited processing through the SSA’s “Compassionate Allowances” program. 

These conditions are automatically recognized as severe enough to qualify for SSDI benefits, which can speed up the application process.

SSDI Benefits Amount and Duration

The amount of SSDI benefits a person can receive depends on their past earnings and work history. The SSA uses a formula based on an individual’s average indexed monthly earnings (AIME) to calculate their monthly benefit. The higher the individual’s lifetime earnings, the higher their SSDI benefit will be.

As of 2024, the average SSDI benefit for a disabled worker is around $1,300 per month, although this can vary significantly based on the individual’s earning history. The maximum SSDI benefit for a worker in 2024 is approximately $3,500 per month. 

The SSA sends annual statements to beneficiaries, providing updates on their benefit amount and other important details.

Duration of Benefits

Once an individual is approved for SSDI benefits, they'll continue receiving payments as long as they remain disabled. However, beneficiaries must undergo periodic reviews by the SSA to confirm that they are still eligible. 

If the SSA determines that an individual’s disability has improved or no longer meets the eligibility criteria, benefits may be terminated. Consider reaching out to a SSDI benefits attorney in Orlando if this is the case for you.

Medicare Eligibility

After receiving SSDI benefits for 24 months, beneficiaries in Florida (and other states) automatically become eligible for Medicare, a health insurance program. Medicare coverage includes hospital insurance (Part A) and medical insurance (Part B). 

Medicaid, a state-based program, may also be available to individuals with limited income or additional medical needs. However, there may be some challenges involved when applying for SSDI.

Common Challenges Faced by SSDI Applicants in Florida

While SSDI benefits provide crucial financial support, the application process is often challenging and filled with bureaucratic hurdles. Some common issues that applicants in Florida face include:

Denial of Initial Claims

A significant percentage of SSDI applications are denied during the initial review. The reasons for denial can range from insufficient medical evidence, failure to meet the SSA’s work history requirements, or not meeting the SSA’s definition of disability. A denial can be frustrating, but applicants have the right to appeal.

Lengthy Wait Times

Applicants in Florida may experience long wait times before receiving a decision on their SSDI claim. This can be especially problematic for those who are struggling financially due to their disability. Although expedited processes exist, many applicants must wait several months or longer for a decision.

Challenging Application Process

The SSDI application process can be overwhelming, especially for individuals who aren't familiar with how the system works. The SSA requires a significant amount of documentation, and even small mistakes or omissions can lead to delays or denials. 

As a result, many applicants in Florida seek the assistance of disability law advocates or attorneys to help work through the process.