Florida Social Security Disability Lawyer

 

 


HOW DO I KNOW WHETHER OR NOT I AM DISABLED?

 

Being disabled means that you are not able to work because of an injury, illness, or medical condition. Under the Social Security Act, "disability" is defined as an "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months." Social Security pays only for total disability. No benefits are payable for partial disability. Your total disability does not have to be permanent, but it must be expected to last at least one year.

 

WHAT KINDS OF DISABILITY BENEFITS CAN I EXPECT TO RECEIVE?

It depends on which types of benefits you are eligible to receive. There are five types of Social Security Disability benefits:

 

DIB (Disability Insurance Benefits): You are considered to be "insured" under the Social Security Act if you have worked at least 5 out of the last 10 years. You can only receive DIB benefits if you are insured and your insured status has not already expired.

 

Disabled Widow's and Widower's Benefits: If you are at least 50 years old and become disabled within a certain amount of time after the death of your spouse, you may be eligible for these benefits. However, your spouse must have worked enough years for you to be eligible.

 

Disabled Adult Child Benefits: If you are the adult child of a person who is deceased or who is currently drawing Social Security disability or retirement benefits, you may be eligible for these benefits. You must have become disabled prior to your 22nd birthday.

 

SSI (Supplemental Security Income): If you have no income or source of support, you may be eligible for SSI. Your eligibility does not depend on how much you have worked, but it does depend on your assets and the amount of money you have in the bank.

 

Disabled Children: A different set of rules applies to disabled children and in some circumstances, parents may apply for disability benefits on behalf of their disabled child. It is advisable to contact a Social Security attorney to discuss your options under this category.

 


Michael E. Seelie, PA has represented people in Jacksonville, Florida and the surrounding communities of Orange Park, St. Augustine, Green Cove Springs, Callahan, Palatka, Fernandina Beach, Gainesville, and Lake City in social security cases since 1978.