FAQ

Smith & Liles, P.A. offers a free evaluation of your status to determine if you are eligible for a Social Security Disability claim. Download and send in this form for your evaluation.

FAQ About Social Security Disability

How much will my Social Security disability check be if I am approved to receive benefits?

It depends. Social Security administers two types of disability:

Under the Social Security disability insurance program, your monthly benefit amount is based on your average lifetime earnings covered under Social Security. Payments you receive from workers' compensation, a public disability benefit or pension based on earnings not covered under Social Security can reduce your Social Security disability payment; and

Under the Supplemental Security Income (SSI) program, your benefit amount depends on income, resources and your living situation.  Supplemental Security Income benefits or SSI are paid to individuals who are low-level income and disabled whether or not the individual has worked in the past. SSI child's disability benefits are paid to children who are under 18 years old, are disabled and the parents or guardian are lower-level income. Currently the maximum SSI payment in the state of Florida is $674.

How many credits are required to be eligible for disability?

The number of work credits you need to qualify for disability benefits depends on your age when you become disabled. Also, you must have earned the credits within a certain time period. Generally, you need 20 credits earned in the last 10 years, ending with the year you become disabled. In addition to 20 credits earned in the last 10 years, older workers may need additional total credits.

On the other hand, younger workers may qualify with fewer credits. For example:

• A worker who becomes disabled before age 24 needs to have earned six credits in the three-year period ending when disability starts.
• A worker who becomes disabled between age 24 to age 31 needs to have credits for half the time between age 21 and the time disability starts. If disability starts at age 27, the worker would need credit for three years of work (12 credits) out of the past six years between age 21 and age 27.

Do I have to wait one year after becoming disabled to receive disability benefits?

You should apply for disability as soon as you become disabled. If your application is approved, your first Social Security disability benefits will be paid for the sixth full month after the date your disability began.

For example, if the state agency decides your disability began on January 15, your first disability benefit will be paid for the month of July. However, we pay Social Security benefits in the month following the month they are due. So you will receive your July benefit in August.

Can I work and apply for Social Security disability benefits?

Yes. A person can work and apply for Social Security disability. However, we will need additional information about your work activities to determine if you meet the eligibility requirements. Your work may affect when and if we can pay benefits.

How does Social Security decide if I am disabled?

Social Security pays only for total disability. No benefits are payable for partial disability or short-term disability. You are disabled if you have a medically determinable physical or mental impairment(s) that results in an inability to do any substantial gainful activity.

For adults, we use a five-step evaluation process to decide whether you are disabled. We consider any current work activity you are doing, your medical condition, and how it affects your ability to work.

What does Social Security mean by disability?

The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability. "Disability" under Social Security is based on your inability to work. We consider you disabled under Social Security rules if:

• You cannot do work that you did before;
• We decide that you cannot adjust to other work because of your medical condition(s); and
• Your disability has lasted or is expected to last for at least one year or to result in death.

When should I hire someone to represent me on my claim for disability benefits?

The sooner and earlier, the better.  Case development is what we specialize in and sets us apart from most other representatives.  Development of the evidence to support your claim should begin now and we know what is needed.

How does a representative get paid for helping me?

First of all, we only get paid if we win your case.  Then, our fee must first be approved by the Social Security Administration.  Once approved, Social Security will pay us directly.  Fees are 25% of your back benefits, but capped currently at $6,000.  Again, if we don't win we don't get paid!