Social Security
Overview
Arcadier & Associates, P.A. provides effective representation of individuals with disabling conditions in need of Social Security monthly income benefits and the correlating Medicare or Medicaid healthcare benefits. Arcadier & Associates, P.A. assists clients with understanding and guidance through the following:
Successfully obtaining benefits, under Social Security Disability (SSD) or Supplemental Security Income (SSI), can be very challenging without assistance. Because most initial claims are denied, there are many setbacks and delays that disabled individuals simply cannot afford. Arcadier & Associates, P.A. recognizes clients' frustrations and has effectively maneuvered through the laws set by the Social Security Administration (SSA) for years.
Who Qualifies For Social Security Disability
Social Security Benefit Qualification
Individuals must have a severe physical impairment, mental impairment, or other medical impairment that has lasted, or is expected to last, at least twelve months and prohibits the individual from performing the duties of his or her employment or alternative employment options in order to qualify for Social Security income and healthcare benefits.
Why was I Denied Social Security?
Many individuals who have a severe physical or mental impairment that prohibits employment are automatically denied benefits. The Social Security Administration (SSA) may deny benefits believing that there are other employment options available that the individual may be capable of performing. Arcadier & Associates, P.A. utilizes extensive physical, mental, and vocational evaluations to prove the severity of the condition and reasons the individual cannot perform the duties of other employment.
Challenges in Obtaining Benefits
The Social Security Administration has made adjustments based on the aging population. It is very difficult to successfully obtain benefits for individuals under fifty years of age and is becoming increasingly difficult for individuals between the age of fifty and sixty. However, the Social Security lawyer at the firm is skilled at overcoming these challenges by showing the form and extent of impairment and level of duties to be performed.
Qualify for Benefits
In order to qualify for Social Security benefits, one must prove there is a physical or mental impairment that has lasted, or is expected to last, at least twelve months which has impacted the individual's ability to work.
Injuries or Disabilities that Commonly Lead to Benefits
Although any set of symptoms may lead to a need for SSD or SSI benefits, the following are common health problems caused by accident or disease that often result in the inability to work and the need for monthly income and healthcare benefits:
- Back or joint problems
- Back injury
- Arthritis
- Cardiac problems
- Heart attack
- Stroke
- Brain injury
- Paralysis
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- Diabetes
- Multiple Sclerosis (MS)
- Chrome's Disease
- Kidney failure/Renal failure
- Depression
- Mental illness
- Other medical problems
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Diagnosis is not enough
There must be objective proof of the diagnosis and of how the medical impairment limits or prevents an individual from working. Arcadier & Associates, P.A. has a clear understanding of the process to obtain benefits, what reports and assessments are needed to obtain the necessary proof, and how to obtain the appropriate medical listing of disability. It is essential to consult with an experienced SSD attorney to ensure recovery of the entitled benefits.
SSD and SSI
What Does Social Security Provide?
A physical or mental disability or impairment often leaves an individual incapable of working and therefore incapable of earning a living. Social Security offers monthly income benefits and Medicare/Medicaid healthcare benefits to individuals who qualify. However, there are limitations as to whether an individual has SSI or SSD eligibility.
Social Security Disability (SSD or SSDI)
Generally, SSD benefits are available to individuals who have been employed for at least five out of the last ten years. The following are some attributes of Social Security Disability:
- An monthly income check based on family size and previous income
- Family benefits may be also obtained for a surviving widow, an adult disabled child, or disabled children
- If disability is recognized, the individual may seek retro pay for past due benefits from the date of last employment.
Supplemental Security Income (SSI)
SSI benefits may be available for individuals who have not worked sufficient time within the last ten years. The following are some features of Supplemental Security Income:
- A maximum monthly income check of $603
- The individual must have less than $2,000 in resources for eligibility
- Benefits may also be obtained for a disabled adult or a disabled child if the parent's income is at or close to poverty level (which changes based on the number of children in the family)
- If disability is recognized, the individual may seek retro pay for past due benefits from the date of filing the initial claim for benefits
Social Security Disability Phases
Maneuvering the Phases of Social Security Benefit Claims
Claim Preparation
The firm's Social Security benefits attorney is meticulous in preparing claims for Social Security benefits. Arcadier & Associates, P.A. gathers and thoroughly reviews all necessary medical records. Through years of experience, the firm's attorney is aware of what is important to ascertain from treating physicians regarding the client. Knowledge obtained through the records and treating physicians is utilized in preparing solid claims for benefits for Social Security Disability (SSD) or Supplemental Security Income (SSI).
Claim Denial
Most disability applications are denied at the initial level by the Social Security Administration (SSA). Arcadier & Associates, P.A. files for reconsideration by the state agency, which is also typically denied.
Social Security Benefits Hearing
Upon receiving notification of benefit denial or benefit termination, Arcadier & Associates, P.A. files for a hearing before an administrative law judge. Unfortunately, there is excessive backlog within the Social Security Administration system which can result in a waiting period of 18-24 months. The firm's SSD and SSI attorney is active in bringing the need and severity of a case to a judge's attention which could result in waiting period reductions. Additionally, the firm presents the case professionally and passionately. These are benefits of Arcadier & Associates' experience and recognition that cannot be achieved without a lawyer.
Benefit Appeals
Although the majority of the firm's cases are successfully resolved at the hearing stage, Arcadier & Associates is also skilled appealing decisions to the Appeals Council and for Federal Court review.
Our Melbourne office is centrally located, enabling us to serve clients throughout "the Space Coast", including Brevard County and Vero Beach.
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