Florida Social Security Disability Attorneys

Denied Social Security? Burnetti, P.A. Help Secure Benefits

The Social Security Administration extends financial benefits to provide assistance for hardships that may occur throughout life, not just during retirement. Social Security Disability Insurance (SSDI) is based on prior work under Social Security; Supplemental Security Income (SSI) payments are made based on financial need. If denied social security, SSDI, or SSI benefits, or applying for benefits for the first time, our social security disability lawyer at Burnetti, P.A. can help with the process.

Call (888) 444-8508 to learn more.

What is Social Security Disability?

Social Security Disability (SSD) is a federal program managed by the Social Security Administration (SSA). It provides monthly benefits to individuals who are unable to work due to a qualifying medical condition expected to last at least one year or result in death. There are two main types of disability benefits:

• Social Security Disability Insurance (SSDI): Designed for individuals who have worked long enough and paid Social Security taxes. Your eligibility and benefit amount depend on your work history and earnings record.
• Supplemental Security Income (SSI): Intended for individuals with limited income and resources who may not have sufficient work history. SSI is need-based and does not require prior employment.

Both programs aim to provide financial assistance for basic needs, including housing, food, and medical care. However, successfully applying for these benefits requires extensive medical documentation and careful attention to SSA regulations—something that our Florida Social Security Disability lawyer can help with every step of the way.

Eligibility for Social Security Disability

To qualify for SSD benefits, you must meet specific requirements set by the SSA. These include both medical and non-medical criteria:

Medical Eligibility

You must have a medically determinable physical or mental impairment that:

• Prevents you from engaging in “substantial gainful activity” (SGA), meaning you cannot earn a living wage.
• Has lasted or is expected to last at least 12 months or result in death.

The SSA maintains a comprehensive list of qualifying medical conditions—known as the “Blue Book.” Conditions that may qualify include:

• Musculoskeletal disorders (e.g., back injuries, arthritis)
• Neurological conditions (e.g., epilepsy, multiple sclerosis)
• Mental disorders (e.g., depression, bipolar disorder, PTSD)
• Cardiovascular issues (e.g., chronic heart failure)
• Respiratory illnesses (e.g., COPD, asthma)
• Immune system disorders (e.g., lupus, HIV/AIDS)

If your condition isn’t listed, you can still qualify by demonstrating that it prevents you from performing any substantial work for which you are qualified.

Non-Medical Eligibility

• For SSDI, you must have sufficient “work credits,” which are earned based on your employment and the amount of Social Security tax paid.
• For SSI, your household income and resources must fall below specific limits.

Because determining eligibility can be complex, Burnetti, P.A. reviews your medical records, work history, and income to ensure you meet all SSA requirements before filing a claim.

Why Were My Social Security Benefits Denied?

Receiving a denial of your Social Security benefits application can be frustrating and confusing. Understanding the reasons for the denial can help you determine your next steps. Here are some common reasons why Social Security benefits are denied:

• Lack of eligibility: The most common reason for Social Security benefit denials is simply that the applicant does not meet the eligibility requirements. You may not have enough work credits, have not worked long enough, or do not meet the age requirements.
• Medical eligibility: To qualify for Social Security disability benefits, you must have a medical condition that prevents you from working for at least 12 months. If your medical condition is not severe enough, you may not meet the medical eligibility requirements.
• Technical errors: Sometimes, Social Security benefits applications are denied due to technical errors. For example, you may have filled out your application incorrectly, or your application may have been missing necessary documentation.
• Income and resources: If you have too much income or too many resources, you may be ineligible for Social Security benefits. The Social Security Administration has specific rules about what types of income and resources are counted, so it's important to understand these rules when applying.
• Criminal activity: If you have a criminal record or are currently incarcerated, you may not be eligible for Social Security benefits.

If you receive a denial of your Social Security benefits application, don't give up hope. You have the right to appeal the decision. The appeals process can be lengthy, but with the help of an experienced attorney or advocate, you may be able to successfully appeal the decision and receive the benefits you deserve.

Why Hire a Lawyer for SSI or SSDI Benefits?

In order to receive Social Security benefits, you must be able to prove your injury or disability that prevents you from working; a social security disability application may be denied because the form did not provide enough information.

When applying for benefits, a social security benefits attorney assists with compiling medical documentation and oversees that doctors answer all questions accurately and completely. This includes the opinion of the treating physician.

Appealing a denied disability claim is a complicated process that must adhere to deadlines; if an appeal is not filed before the deadline, the applicant may not receive maximum Social Security benefits. An attorney that practices social security disability law understands the claim process and can help meet the appeal deadlines.

Social Security Disability FAQs

How long does it take to get a decision from the SSA?

The timeline varies, but initial applications usually take three to six months. Appeals can take longer, depending on the case and the hearing schedule.

Can I work while receiving SSD benefits?

You can work part-time under certain limits set by the SSA. However, earning more than the “substantial gainful activity” amount may disqualify you.

What should I do if my claim is denied?

You have 60 days from the date of the denial to file an appeal. Contact a Florida Social Security Disability lawyer at Burnetti, P.A. immediately to begin the appeals process.

How much does it cost to hire a Social Security Disability lawyer?

At Burnetti, P.A., we work on a contingency fee basis—you pay no upfront costs. We only get paid if you win your case.

Contact a Florida Social Security Disability Lawyer

Applying for SSD benefits can be overwhelming, but with a skilled attorney on your side, the process becomes far more manageable. Here’s how Burnetti, P.A. can help:

• Evaluate your eligibility and recommend the best course of action (SSDI or SSI).
• Prepare and file your claim with complete and accurate documentation.
• Communicate with the SSA on your behalf to ensure your case stays on track.
• Collect and organize medical evidence to strengthen your claim.
• Represent you during hearings and appeals if your application is denied.

While it is not necessary to have a lawyer assist with filing a social security disability application or to appeal a denied claim, a thorough explanation and presentation of a disability may help obtain SSI or SSDI benefits.

For a no obligation, free consultation, contact the Burnetti, P.A. team at (888) 444-8508!