Sapiro Law Office

Social Security Disability

Information on Social Security Disability and SSI

Eligibility: In most cases the individual making the claim must have worked five out of the last ten years to be eligible for Social Security Disability benefits. For younger workers, a different standard applies. No work history is required for Supplemental Security Income.

Appealing denials: You have 60 days, plus a limited number of days for mailing, to appeal initial and second denials. If you miss a deadline to appeal, you will usually have to start over from the beginning. If your claim is denied a second time, you are given the opportunity to file a Request for Hearing with an Administrative Law Judge. The waiting period for your Final Hearing can be lengthy. Currently, the waiting period for a hearing in the Miami Hearing office is averaging 20 to 24 months.

Although approximately 66% of applicants are denied benefits upon their application, the majority of those who appeal their denial are eventually approved. Your chances for success are greater if you are represented by an attorney.

Benefit Amounts: If your claim is approved, the SSD benefit paid per month is based upon lifetime earnings. Social Security no longer mails annual statements containing information on estimated benefits. Your local Social Security office can assist you in estimating your entitlement.

Continuing Benefits Review: Applying to both the SSD and SSI programs, the Social Security Administration is tasked with periodic review of claims. In other words, any claim which is being paid, regardless of when or at what stage it was approved, may be reviewed at a later date to determine whether the claimant still meets the program criteria for disability. And the rules to determine your right to receive continuing disability are different than those used to determine initial entitlement to benefits.

If you are notified by Social Security that your claim has been reviewed and that you are no longer disabled, you have appeal rights. But there are different appeal deadlines to satisfy. And different fee rules if you hire an attorney and continue to receive benefits during the appeals process.

It would be a mistake to believe that you can properly and effectively present a continuing benefits claim without legal representation. Even if your claim was approved initially without an appeal or use of counsel.
Please contact my office with further questions.

As of January 2025:

• SSD individual maximum payment per month $4018.00 approx
• Supplemental Security Income: $967.00 maximum
• Medicare eligibility (24 months after date of disability)
• Medicaid eligibility immediately with SSI

Initial applications for SSD benefits may be made at your local office, or online through Social Security’s website, which is www.socialsecurity.gov/pgm/disability.htm.

If I can be of assistance to you, or a family member, please send me an email or call my disability law practice at (786) 242-4146.