Applying for Disability in Florida: What You Need to Know

If you got injured while doing your job, then you might just qualify for Social Security Disability Benefits. In theory, this all sounds easy. In reality, however, disability applications are routinely denied for the most mundane of reasons. In 2018 alone, the SSA received over 20 million applications for disability benefits. Unfortunately, only 35% of them were granted that same year. This means that over 13 million applications were either rejected or subjected to further review. There are various reasons why an application can get denied. Most of the time, applications get rejected because:
  • their conditions did not meet the SSA’s definition of disability, or
  • they’re not insured for disability benefits
To increase your chances of getting approved, here are the top questions you need to ask before applying for disability in Florida.

1. Will You Qualify for Disability Benefits?

The SSA looks at two crucial factors to evaluate your application: your medical condition and social security credits.

Medical Condition

As a rule of thumb, the SSA can only consider your medical condition a disability if:
  • it prevents you from doing “substantial gainful activity”
  • it’s expected to last for more than a year
  • it’s expected to result in death
Substantial Gainful Activity (SGA) is any type of work with an income that exceeds the amount set by the SSA. The SGA amount changes each year and for 2021, it’s at $,190 for blind individuals and 1,310 for the non-blind. If the work you’re doing does not earn you more than that amount, you may still qualify for disability. The SSA also maintains a list of disabling conditions (both physical and mental). It includes various diseases that the SSA considers severe enough to warrant a disability benefit.

Social Security Credits

If you haven’t paid social security taxes, you can’t expect to receive social security benefits. Thus before you can claim for disability, you must have earned the required social security credits. To earn these credits, you must have worked in jobs covered by social security. Your credits will depend on your total yearly wages. For 2020, an income of at least $1,410 is required to earn credits. You can only earn up to 4 credits a year. In general, you need to have at least 40 work credits to qualify for disability. Twenty of which must have been earned in the last 10 years. But younger workers may still qualify even if they have fewer credits.

2. How Much Disability Benefits You’ll Get in Florida

In Florida, disabled individuals can get benefits from both the SSA and the state. Though they vary in amount and eligibility requirements.

SSA Benefits

There are two kinds of disability benefits you can get from the SSA: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). If you’re applying for SSDI, the SSA calculates your social security disability benefits based on your covered earnings before you got disabled. Covered earnings refer to your average income from which you’ve paid social security taxes. It includes most types of wages and other self-employment income except for earnings from railroads and certain state and local governments. As a general rule of thumb, if you work at jobs that withheld social security taxes, then your income from that job is covered earnings. The SSA applies a complicated formula to your average covered earnings to come up with your monthly disability payment. For a more detailed calculation, please refer to the SSA’s online calculator. Since covered earnings vary for everyone, the benefit amount can also differ for each person. According to the SSA, the average disability benefit as of April 2021 is $1,146.40 per person. Though most beneficiaries only receive between $800 to $1,800. Benefit payments may also fluctuate each month as the SSA considers other income you’ve earned during the month. SSI, on the other hand, is a needs-based benefit. It provides cash benefits to disabled individuals who don’t qualify for SSDI. The SSI maximum benefit amount for 2021 is $794 for individuals and $1,191 for married couples. But your actual monthly payment could be much lower.

State Welfare Programs

Aside from SSA’s disability benefits, Florida also offers state welfare programs for its disabled individuals such as:
  • Temporary Cash Assistance Program. Families with children aged below 18 may qualify for temporary cash assistance. Provided that they meet the eligibility and income requirements.
  • Optional State Supplementation (OSS) Program. Florida’s OSS program offers monthly supplemental payment to disabled individuals staying in assisted living facilities. Those admitted in mental health facilities may also avail of this program.
  • Medicaid. If you qualify for SSI, chances are you’ll also qualify for Florida’s Medicaid program. It provides health care assistance for people who are disabled, pregnant, or blind. Applications for this program can be made at the Florida Department of Children and Families.

3. When to Apply For Disability

In general, the SSA advises that you should apply for disability benefits as soon as possible. Disability benefit applications can take months to get approved. And there’s a very big chance that it can get denied. While waiting for the SSA’s decision, you need to pay for your medicine, food, and rent. With no work and no income, making ends meet might not be possible. Thus, it’s best to apply for disability benefits at once to avoid missing out on benefits.

4. Can You Apply For Disability in Florida After Age 62?

Yes, you can as long as you haven’t reached your full retirement age.  Between the ages of 62 to 66, Americans can opt between early retirement or filing for disability. At full retirement age, your disability benefits will automatically convert to retirement benefits. The chances of your disability claim getting approved also increases as you age. That’s because it’s usually harder for older people to find gainful employment – making disability easier to prove.

5. How to Apply For Disability in Florida

There are three ways you can apply for social security disability in Florida: online, by phone, or in person.
  1. Applying Online. To apply online, just sign-up for an SSA account. If you already have one, you only need to complete the disability benefit application and the medical release forms.
  2. Applying By Phone. If technology isn’t your strongest suit, you can also apply by phone. Just contact the SSA at 1-800-772-1213 or at 1-800-325-0778 if you are hard of hearing. This hotline is available from Monday through Friday from 7 a.m. to 7 p.m. SSA offices in Florida also have their own phone numbers you can contact.
  3. Applying In Person. For in-person applications, you can visit your local social security office. Just enter your zip code to locate the ones nearest you.

6. The Claims Evaluation Process

After submitting your claim for disability, the SSA will then forward it to the state’s  Division of Disability Determinations (DDD) in Tallahassee, FL. Their main task is to evaluate the medical eligibility of Florida citizens who have filed SSA disability claims. The agency is also responsible for determining their eligibility of claims made under the state’s medically needy program. The actual processing of your claim, however, is handled by the Bureau of Medical Disability Program Operations. It’s in charge of adjudicating disability appeals too. After the initial disability evaluation, your claim is sent back to the SSA for final determination. This is where the SSA will look at whether you qualify for their technical requirements. If you meet all the medical and technical requirements, then your claim will be approved.

7. Should You Hire a Lawyer?

Yes, you should. Dealing with a debilitating medical condition and unemployment can be too much to handle already. The last thing you need is to get stressed out with your disability claim application. An experienced workers’ compensation lawyer like Victor Malca can help ensure the approval of your disability claim. With more than two decades of experience, he can help you more easily navigate the complicated disability claims process. He will guide you throughout the entire process up until your case is won and you get the benefits you rightfully deserve. Contact us now for a free consultation.

VICTOR MALCA LAW – A TRUSTED NAME IN FLORIDA

Victor Malca P.A. has over 25 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success in fighting for his clients puts among the most trusted workers’ compensation lawyers in Florida. Our area of expertise is in representing injured workers on compensation benefit cases and disabled individuals claim social security disability benefits. Our unwavering advocacy for employee rights and privileges are recognized by our past clients across South Florida. Book a free consultation today.

Judy Ponio is a writer for Victor Malca LawABOUT THE AUTHOR

Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving people’s livelihood. She is not an attorney and her writing should not be considered legal advice.

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