Maneuvering Through the Phases of Social Security Benefit Claims
Arcadier & Associates, P.A. has expert Social Security lawyers that can provide you with effective representation when you are facing a disabling condition and are 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 entire benefits process.
Who Qualifies For Social Security?
The first step in the process of being awarded SSD or SSI benefits is obviously to make sure you do indeed qualify for benefits.
In order to qualify for Social Security income and healthcare benefits an individual must have a severe physical impairment, mental impairment or other medical impairment, which has lasted or is expected to last at least twelve months and that also prohibits the person from performing the duties of their employment or any alternative employment option.
Diagnosis Is Not Enough
Simply being diagnosed by a doctor is not enough to qualify you for benefits. Additionally, there must be objective proof of the diagnosis and how much the medical impairment limits or prevents an individual from performing the duties of their employment. Arcadier & Associates, P.A. is very experienced in dealing with this process and knows exactly what reports and assessments are needed to obtain the necessary proof, as well as how to obtain the appropriate medical listing of disability. It is essential to consult with an experienced SSD attorney to ensure establishment or recovery of your entitled benefits.
Applying For Benefits
Once again, the hard truth you should know going in, is that most disability applications are initially denied by the SSA when first applied for. This is primarily to prevent fraud and abuse and the fact that the SSA has an obligation to make sure that all claims are valid. Arcadier & Associates, P.A. will immediately file for reconsideration by the state agency, but most often, these are unfortunately also typically denied. However, these are all the necessary steps to the approval of your benefits and why you need Arcadier & Associates to be there to help you through this process to progress to the final stages, which in a majority of our cases, ultimately result in benefit approval.
The firm’s Social Security benefits attorney is meticulous in preparing claims for 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).
SSD and SSI Benefits – What Can Social Security Provide Me?
Social Security was designed to provide monthly income benefits and Medicare/Medicaid healthcare benefits to individuals when a physical injury, mental disability, health problem or disease leads to a level of impairment that leaves a person incapable of working and therefore incapable of earning a living. However, there are many safeguards against fraud and limitations as to whether an individual is determined to have disability (SSD or SSDI) or income (SSI) eligibility. This is why it is often so difficult to get benefits and why you really do need the help of an experienced attorney.
The disability category you will fall into will depend on how long you have been gainfully employed over the past ten years leading up to your disability. The first category (SSD or SSDI) is designed to attempt to provide you with essentially the same standard of living you had before your disability. The second (SSI) is designed to help supplement your income, but not completely replace what you were making. There are significant differences in both and very practical reasons for these differences.
Social Security Disability (SSD or SSDI)
SSD or SSDI benefits may be available to a person who has been employed for at least five out of the last ten years. When you are awarded Social Security Disability you will receive a monthly income check based on your family size and previous income, your surviving widow, an adult disabled child, or disabled children may receive your benefits and you may seek retroactive pay for past due benefits from the date of your last employment.
Supplemental Security Income (SSI)
SSI benefits may be available to a person who has not been employed for five of the past last ten years. When you are awarded Social Security Income, you will receive a maximum monthly income check of $603. In order to qualify a person must have less than $2,000 in resources for eligibility. Benefits may 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). As with SSD, if the disability is recognized, the individual may seek retroactive pay for past due benefits from the date of filing the initial claim for benefits.
Have You Been Denied Benefits?
When you have been impaired and have been denied benefits, it is time to get legal help and fight to make sure you get the benefits you are entitled to. Successfully applying for and then actually receiving your Social Security Disability (SSD) or Supplemental Security Income (SSI), can be a very difficult and challenging process.
The truth is, most claims for benefits are initially denied and afterwards there can be many setbacks and unnecessary delays put in your way. Unfortunately, most often, the people with disabilities are the ones who simply cannot afford to go without their benefits the most. We understand this and work to expedite the process however and wherever possible.
Why was I Denied Social Security?
If you have been denied benefits, don’t be deterred. Call us and we will help you fight for your rights. Again, we must repeat, many individuals who have a severe physical or mental impairment that prohibits employment are automatically initially denied benefits. The SSA may deny benefits on grounds they feel there are other employment options available that the individual can perform, among many other reasons. Arcadier & Associates, P.A. will utilize 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 recently made adjustments to giving benefits based on the fact that the population is aging. It has become increasingly difficult to successfully obtain benefits for individuals under fifty years of age and it is even becoming more difficult for individuals between the ages of fifty and sixty. However, the Social Security lawyer at our firm is very skilled at overcoming these age-related challenges by proving the extent of your impairment and level of duties to be performed.
Arcadier & Associates, P.A. is very familiar with the way the Social Security Administration (SSA) works and has effectively maneuvered through the laws set up by them for years. If you are unfairly being denied your SSD or SSI benefits, we are here to help you get them. We will guide you through all the appeals and hearing processes.
Although the majority of our firm’s cases are successfully resolved during the appeals hearing stages, Arcadier & Associates is also skilled appealing decisions to the higher Appeals Council and for Federal Court review.
With the number of people applying for benefits, there is an excessive backlog within the Administration system, which can result in a waiting period of 18-24 months for appeals. However, Arcadier & Associates’ SSD and SSI attorney is very active in bringing the need and severity of a case to a judge’s attention as quickly as possible, which could result in waiting period reductions. Additionally, we present your case professionally and passionately to a judge to decide. These are benefits of Arcadier & Associates’ experience and we will be able to give you results that you simply cannot achieve without an experienced, aggressive lawyer.
Our Melbourne office is centrally located, enabling us to serve clients throughout “the Space Coast”, including Brevard County, Palm Bay and Vero Beach.