Jacksonville Social Security Disability Attorneys

Fighting for the Benefits You Deserve

Navigating the Social Security Disability (SSD) application process can be overwhelming, especially when dealing with the effects of a disability. At Burnetti, P.A., our Jacksonville Social Security Disability lawyers are dedicated to helping individuals in Jacksonville, FL, secure the benefits they need and deserve. With experience and compassion, our team is here to guide you through the often complex process of applying for SSD benefits, appealing denials, and answering all your questions along the way.

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

What is Social Security Disability?

Social Security Disability (SSD) is a federal program that provides monthly benefits to individuals who are unable to work due to a serious, long-term disability. The program is managed by the Social Security Administration (SSA) and offers two types of benefits for disabled individuals: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). While SSDI benefits are based on your work history and the amount of Social Security taxes you've paid, SSI benefits are need-based, available to disabled individuals with limited income and resources.

The goal of SSD is to provide financial assistance to those who, due to a medical condition or impairment, are unable to maintain gainful employment. However, obtaining SSD benefits is often challenging, as applicants must provide extensive documentation and meet strict eligibility criteria.

Eligibility for Social Security Disability

To qualify for Social Security Disability benefits, you must meet the SSA's definition of "disability." In Jacksonville and across the U.S., the SSA considers an individual disabled if:

• They have a severe medical condition expected to last at least 12 months or result in death.
• They are unable to perform any substantial gainful activity due to their medical condition.
• They cannot adjust to other types of work due to their condition, age, education, and experience.

The SSA has a "Listing of Impairments," which includes medical conditions that are considered severe enough to automatically qualify for benefits. However, even if your condition is not on the list, you may still be eligible if you can demonstrate how your condition limits your ability to work.

Work Credits for SSDI

In addition to meeting the SSA's disability criteria, applicants for SSDI must also have sufficient work credits. Work credits are earned based on taxable income and years of employment, and most applicants must have worked five out of the last ten years to qualify. This work requirement varies based on age, with younger applicants typically needing fewer work credits.

Reasons Your Claim Is Denied

Unfortunately, many SSD claims are denied on the first attempt. In fact, roughly 60-70% of initial applications are denied, often for reasons that could be addressed with professional guidance. Common reasons for denial include:

• Lack of Sufficient Medical Evidence: One of the most common reasons for denial is insufficient documentation of the disability. It is essential to provide medical records, test results, treatment plans, and statements from healthcare providers.
• Failure to Follow Treatment: If the SSA believes you are not following prescribed medical treatments without valid reasons, your claim may be denied. Treatment compliance shows the SSA that you are making reasonable efforts to manage your condition.
• Income Level: If your income exceeds the SSA's defined threshold for substantial gainful activity, your claim may be denied, as SSD benefits are meant for individuals who cannot work at a level that provides sufficient income.
• Lack of Communication with the SSA: Missing deadlines or failing to respond to SSA requests for information can lead to a denial. Working with an experienced Jacksonville Social Security Disability lawyer at Burnetti, P.A. can help keep you on track throughout the process.
• Previous Denials: Some applicants are denied benefits because they submit a new application instead of appealing a previous denial. Our team at Burnetti, P.A. can help you pursue an appeal, which is often a more effective option than starting a new application.

FAQs about Social Security Disability in Florida

How long does it take to get a decision on my SSD claim?

The timeframe varies, but initial applications can take three to six months. If your claim is denied and you decide to appeal, the appeals process can take several more months or even years.

Can I work part-time while receiving SSD benefits?

Yes, but there are limitations. If you earn above the SSA's substantial gainful activity threshold, your benefits could be affected. Consult with a Jacksonville Social Security Disability lawyer to determine if your part-time work is within allowable limits.

What is a “compassionate allowance” condition?

Certain severe medical conditions qualify for expedited processing under the SSA’s compassionate allowance initiative. Examples include certain cancers, ALS, and some rare genetic disorders. Our experienced team can help determine if your condition qualifies for a compassionate allowance.

Do I need a lawyer to apply for Social Security Disability benefits?

You are not required to have a lawyer, but working with a skilled Jacksonville Social Security Disability lawyer significantly improves your chances of success. An attorney can ensure your application is complete, advocate for you at hearings, and represent you in case of a denial or appeal.

What if my disability is temporary?

Social Security Disability benefits are only available to individuals with disabilities that are expected to last at least 12 months or result in death. If your condition is temporary, it will likely not qualify for SSD benefits.

If you or a loved one needs assistance with Social Security Disability in Jacksonville, Burnetti, P.A. is here to help. Our dedicated team understands the impact of a disability on your life and is committed to helping you secure the benefits you deserve.

Contact us today at (888) 444-8508 for a free consultation and take the first step toward securing your Social Security Disability benefits with the support of a compassionate and knowledgeable legal team.