Brandon Social Security Disability Attorneys

Let Our Firm Help You Obtain Your Entitled Benefits

If you are struggling with a disability that prevents you from working, you may be entitled to Social Security Disability benefits. However, the process of applying for and receiving these benefits can be complex and often frustrating. At Burnetti, P.A., our experienced Brandon Social Security Disability lawyers are here to help you navigate the legal system and fight for the benefits you deserve. Whether you’re filing an initial claim or appealing a denial, we are dedicated to providing skilled representation to clients throughout Brandon, FL.

Call (888) 444-8508 or contact us online today to schedule a free case evaluation.

What is Social Security Disability?

Social Security Disability Insurance (SSDI) is a federal program designed to provide financial assistance to individuals who can no longer work due to a disabling condition. Managed by the Social Security Administration (SSA), SSDI benefits are paid to those who meet specific medical and work history requirements.

In addition to SSDI, the SSA also administers Supplemental Security Income (SSI), which provides benefits based on financial need rather than work history. Both programs are intended to help disabled individuals cover living expenses and medical costs when they can no longer earn a wage.

If you are dealing with a disabling condition that is expected to last at least 12 months or result in death, you may be eligible for SSDI benefits.

Eligibility for Social Security Disability

To qualify for Social Security Disability benefits, you must meet both medical and non-medical criteria set by the Social Security Administration. These criteria include:

Medical Eligibility

You must have a physical or mental condition that:

• Is classified as a "disability" by the SSA: The SSA maintains a list of disabling conditions that automatically qualify for benefits. However, even if your condition is not listed, you may still be eligible if your disability significantly limits your ability to perform basic work-related activities.
• Prevents you from engaging in substantial gainful activity (SGA): This means that your disability prevents you from earning a monthly income above a certain threshold (as of 2024, the SGA limit is $1,470 for non-blind individuals).
• Is expected to last at least 12 months or result in death: Your condition must be severe enough to be long-term or terminal to qualify.

Non-Medical Eligibility

• Work Credits: SSDI is available to those who have paid into the Social Security system through payroll taxes. You need to have enough work credits, which are earned based on your work history and income. Generally, you need to have worked 5 of the last 10 years before becoming disabled to qualify.
• Financial Need for SSI: If you do not qualify for SSDI due to insufficient work credits, you may be eligible for SSI if you have limited income and resources.

Common Reasons Why an SSDI Claim is Denied

The unfortunate reality is that many Social Security Disability claims are initially denied. Understanding the reasons for denial can help you avoid common pitfalls. Some of the most frequent reasons for SSDI claim denial include:

• Insufficient Medical Evidence: One of the most common reasons for a denial is the lack of sufficient medical documentation. If the SSA does not have adequate evidence to verify the severity of your condition, they may deny your claim. Working with a doctor who understands the SSA’s requirements and can provide detailed medical records is crucial.
• Failure to Follow Prescribed Treatment: If the SSA believes that you did not follow your doctor's recommended treatment, they may deny your claim, arguing that your condition might improve with proper care. There are valid reasons for not following treatment, such as inability to afford care, and these should be communicated clearly to the SSA.
• Your Condition is Not Severe Enough: The SSA may conclude that your condition does not meet their definition of a disability. If your condition does not severely limit your ability to work, your claim could be denied. Proving the impact of your condition on your daily activities and ability to work is vital.
• You Are Still Able to Work: If the SSA determines that you can still perform some type of work, even if not in your previous occupation, they may deny your claim. This determination is based on your age, education, and work experience.
• You Did Not Meet the SGA Limit: If your income exceeds the substantial gainful activity (SGA) threshold, the SSA may deny your claim. This means you are considered able to work, even if only part-time.

How a Brandon Social Security Disability Lawyer Can Help

Filing for Social Security Disability benefits can be an overwhelming experience, especially when you are already dealing with the challenges of a disabling condition. Working with an experienced attorney from Burnetti, P.A. offers several benefits, including:

• Claim Preparation: We help ensure that your initial application is complete, accurate, and supported by sufficient medical evidence.
• Appeals Representation: If your claim has been denied, we can help you appeal the decision, represent you at hearings, and fight for your right to benefits.
• Legal Guidance: Our team can explain the SSDI process, answer your questions, and help you understand your rights at every stage.
• Communication with SSA: We handle communications with the Social Security Administration, ensuring deadlines are met and all necessary documentation is submitted.

Contact us today at (888) 444-8508 to discuss your case with our team.