Approximately 4.5million adults in Florida report having some form of disability. This figure represents roughly 28% of the entire state population.
Unlike other states, Florida does not provide short-term disability benefits to individuals who cannot work. It means that if you live in Florida and cannot work, your only hope of getting help is through your employer or the Social Security Administration (SSA).
Disability cases cost the state of Florida approximately $53billion in healthcare costs every year, representing about 35% of the state’s overall care spending. The number equates to about $15,000 in expenses every year for each disabled resident in Florida.
So, if you are living with a disability and have not applied for Social Security benefits, it is essential to understand the process and how you can qualify. Here is everything you need to know about Social Security local to Florida.
How Do I Qualify for Social Security Disability Benefits in Florida?
Since Social Security Disability Income (SSDI) is a federal program, every applicant must meet federal requirements for eligibility. There are a few exceptions in certain states, but for the most part, every state is pretty uniform.
First, the applicant must meet non-medical eligibility criteria, which requires the individual to have worked for a certain number of years and accrued the required number of work credits.
You must have accrued at least 40 work credits, 20 of which were earned in the last ten years leading up to your disability.
However, younger applicants may qualify with fewer work credits. You can earn up to four work credits per year, and the amount needed for credit changes based on your age.
In addition to meeting non-medical eligibility requirements, applicants must prove they have a qualifying disability. The SSA uses a four-step process to determine if an applicant’s disability is severe enough to warrant benefits.
The first step involves determining whether the applicant is working or not. If the applicant is not working or their earnings are below a certain threshold, they will move on to the next step.
The second step is determining whether the applicant’s disability meets or equals a listing in the SSA’s “Blue Book.” The Blue Book contains a list of qualifying disabilities and the necessary symptoms an applicant must exhibit to be approved for benefits.
If the applicant’s disability does not meet or equal a listing, the SSA will move on to the third step.
The third step is determining whether the applicant can perform the work they did prior to their disability. If the SSA determines that the applicant cannot perform their past work, they will move on to the fourth step.
The fourth step is determining whether the applicant can perform any other work given their age, education, and skills. If the SSA finds that there is no other work the applicant can do, they will approve them for benefits.
If the SSA does not find that the applicant meets any of the above criteria, they will deny the claim.
How Do I Apply for Social Security Disability Benefits in Florida?
You can apply for SSDI in Florida at any of the 54 SSA offices or online at www.ssa.gov.
If you apply in person, you will need to bring proof of birth (birth certificate or religious record of baptism), proof of U.S. citizenship or lawful alien status if you were not born in the United States, your most recent W-2 form(s) or your self-employment tax return, proof of any military service before 1968, and your Social Security card.
If you choose to apply online, you will need to create an account at www.ssa.gov. Once you have created an account, you can begin the application process.
You will be asked questions about your work history, medical conditions, and medications. You will also be asked to provide information about your doctor or other medical professionals who have treated you for your condition.
Once you have completed the application, you must sign and date it electronically. You will also need to submit any supporting documentation you have, such as medical records.
You can mail your supporting documentation to the SSA or upload it online. Once your application and supporting documentation have been received, the SSA will forward your application to the Division of Disability Determination for review.
The Division of Disability Determination is responsible for determining whether an applicant qualifies for benefits.
The Division of Disability Determination will review your application and supporting documentation and may contact your doctor or other medical professionals for additional information.
Once the Division of Disability Determination has made a decision on your application, they will notify you of their decision in writing. If your application is approved, you will start receiving benefits within a few weeks.
You have the right to appeal the decision if your application is denied. You must file an appeal within 60 days of receiving the denial notice.
How to Appeal a Denial in Florida
Even though the average approval rate in Florida has been increasing over the past few years, it is still way below the national average at only 30%.
Fortunately, if you disagree with the initial determination made by the Division of Disability Determination, you have the right to appeal the decision.
The appeals process in Florida starts with a Reconsideration. During the reconsideration, your claim will be reviewed by someone who did not work on your initial application.
This person will look at all evidence in your file and any new evidence you submit.
Approximately 55% of all claims are denied during the Reconsideration stage. If your claim is denied again, you can request a hearing before an Administrative Law Judge.
Hearings are held in one of the 11 SSA offices in Florida. You do not need an attorney to represent you at a hearing, but it is recommended that you have one.
Approximately 56% of claims are approved during the hearing stage. You can file an appeal with the Appeals Council if your claim is denied again.
The Appeals Council is in Falls Church, Virginia. The Appeals Council will review your claim to decide if the hearing decision was correct.
If the Appeals Council decides that the hearing decision was correct, they will deny your appeal and issue a final decision. This decision can be appealed in federal court.
Florida Hearing Wait Times &Approval Rate
Florida is part of SSA’s “Region 4” headquartered in Atlanta. There are eight hearing offices in Florida. The average wait time for a hearing in Florida is 279 days, the fourth-longest in the nation.
The average approval rate at the hearing level in Florida is 56.1%, slightly above the national average of 53.9%.
Florida has 11 Social Security Field Offices, 9 Disability Determination Services offices, and 8 Offices of Disability Adjudication and Review.
How Can an Attorney Help You?
If you are disabled and unable to work, you may be eligible for Social Security Disability benefits. The process of applying for SSD benefits can be complex and time-consuming, and the vast majority of initial applications are denied.
An experienced Social Security Disability attorney can help increase your chances of having your claim approved. An attorney can help you gather the necessary evidence and present your case in the most favorable light possible.
An attorney can help you navigate the appeals process if you have already been denied benefits. Approximately 71% of claims represented by an attorney are approved, compared to only a 30% approval rate for unrepresented claimants.
At Legal Giant, we have a team of experienced SSD attorneys who can help you with every step of the claims process. We offer a free initial consultation and work on a contingency fee basis. Contact us today to learn more about how we can help you.
