If you can’t work because of an illness or injury, you may be able to pursue benefits through the Social Security Administration (SSA). Social Security disability (SSD) benefits are available to anyone who meets the requirements for paying into the Social Security system and who cannot work for at least one year because of physical or mental injury or illness.
While unfortunate, the Social Security Administration (SSA) denies many valid claims. To maximize your chances of an approval of your application in a timely manner, it is important to choose an experienced lawyer to represent you.
At Pyrros, Serres & Rupwani, our lawyers understand the anxiety that comes when you can’t work or provide for your family because of an injury or illness.
Our firm handles all matters related to Social Security Disability Insurance (SSDI) claims. After evaluating the details of your situation, we gather, review and preserve all evidence to support your application for benefits. Our office will prepare and file your application for benefits, along with all relevant documentation. We will also represent you at all administrative hearings and appeals before the Appeals Council (AC).
Our lawyers handle Social Security disability claims involving injuries and illnesses of every kind, such as:
Under federal law, if you have an injury or illness that prevents you from working for at least twelve months, you may be eligible to receive disability benefits from the Social Security Administration. Your injury does not need to be work-related. In fact, workplace injuries are covered by workers’ compensation insurance and Social Security. Social Security Disability claims encompass a wide range of non-work-related conditions; however, the process of obtaining benefits can be difficult.
Under Title 11 of Social Security regulations, benefits are available only to those individuals who have paid into the Social Security system and earned the requiredcredits. In addition, you must have a medical impairment that falls within the Social Security Administrations definition of disability. To be eligible for benefits, you must demonstrate to the SSA that your physical or mental impairment will last at least 12 months or is expected to result in death.
If you do not meet the earnings requirement for Social Security Disability, Supplemental Security Income may be an option. SSI is a federal program based on financial need, which has the same standard of disability as SSD. Once your disability has been determined under the Social Security regulations, the Social Security Administration will evaluate your income and resources in determining eligibility.
Obtaining Social Security Disability benefits is often a challenging process, and the relatively low approval rates are especially difficult for those dealing with health issues and the inability to work. With the help of a Social Security Disability attorney, you can bypass many of the technical mistakes that often result in the denial of benefits.
If you already submitted an application and received a denial response, a Social Security Disability law firm can guide you through the appeal process and help you build a stronger case. No law requires you to hire representation, but most Social Security attorneys work on contingency, requiring no upfront financial investment from you to get started on your case. You can get professional legal help at no risk.
The Social Security Administration offers several programs to assist individuals with disabilities and seniors financially. The two most common are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
With a qualifying disability and an adequate work history, a person with a disability can receive SSDI benefits. However, many people find it necessary to consult a Social Security Disability lawyer even when they meet all the requirements for approval.
Collecting the evidence to support your case can prove challenging, but an attorney can save valuable time by ensuring you have every required document the first time around.
Before you decide to apply for one or the other, you would benefit from reaching out to a New York Social Security Disability lawyer to help you understand the differences between the SSDI and Supplemental Security Income programs. You may qualify for one more than the other.
Some notable differences between SSDI and SSI include:
Upon approval, anyone receiving SSI or SSDI benefits may also receive medicare healthcare coverage in most states. However, SSDI beneficiaries, who receive Medicare, must wait 24 months for coverage unless they have a condition that qualifies them for immediate coverage. With the help of a Social Security Disability attorney, you can evaluate the circumstances of your disability and work background to determine which program better suits your qualifications.
When you speak to a Social Security Disability lawyer about applying for SSDI, the first element to assess is whether you meet the requirements for eligibility.
Those requirements are specific to work credit and medical disability.
Work credit refers to the work history during which you paid Social Security taxes, also known as FICA taxes. In New York, you can earn as many as four credits annually and qualify for SSDI.
To apply for SSDI, the general expectation for your work credits looks something like the following:
Keep in mind the credit requirements vary depending on age. Younger applicants can qualify with fewer credits than older applicants. The general idea is the more years you have of working age, the more credit you should have.
Additionally, you may qualify for a work credit exemption under certain circumstances. For example, an individual under the age of 22 may be exempt based on a lack of legal working years. Speak with a Social Security Disability attorney or contact the SSA to see if you held a position that has unique rules for work credits.
To receive SSDI benefits, you must prove that your condition sufficiently meets the New York standard for disability. According to the Social Security Act, a disabled person is somewhat unable to participate in any gainful activity sufficient enough to maintain a reasonable income.
Additionally, you must prove that your disability dates back a minimum of five months before you can receive benefits. Speak to a New York social security disability lawyer about your condition to see if it falls under the SSA’s list of conditions that qualify for SSDI.
One of the first questions a Social Security Disability attorney will ask is about your medical condition. The SSA keeps a list of qualifying conditions, and if yours is on that list, you may likely meet the medical requirements for SSDI.
The qualifying conditions include:
The SSA provides a much more thorough breakdown of what qualifies as a disabling condition. Additionally, the administration evaluates every case individually. Therefore, speak to a Social Security Disability lawyer before you decide for yourself whether or not you meet the medical requirements.
When you fill out an application for SSDI benefits, you must provide a significant amount of information to prove your claim. Prepare to provide personal and work history information and the necessary documents to support that information. During this part of the process, many people receive an immediate denial for failing to provide everything required for the application. If you want to submit your application or appeal with certainty that you included everything, contact a New York Social Security Disability lawyer for help completing the paperwork.
You can find a checklist of the required information on the SSA website, but to help you get started, consider this list of personal data required on your application:
Additionally, you must provide information regarding your medical condition, including the name and contact information of anyone who can attest to your medical condition and help you complete the application. Of course, you will also need to provide specific details about your diagnosis and treatment. Include the following information:
Be sure to include the names and contact information of the doctors that prescribed your medications and ordered any diagnostic testing. If you work with a Social Security Disability lawyer, they will collect and organize all of this information for you.
You will also need to provide extensive information about your work history. Your Social Security Disability attorney will ask about the following:
Your transparency during this process is critical. If you have questions about your work history and how it may affect your eligibility, talk to an attorney before you file. A simple mistake can immediately deny a valid claim and leave you without benefits while you navigate the appeals process.
The SSA accepts only original copies of your proof of birth, such as your birth certificate, and your proof of citizenship, such as your passport. In addition, lawful residents must provide proof of their U.S. Citizenship and Immigration Services status. The SSA will return all official documents to you.
Additionally, you must provide photocopies of the following:
One benefit of hiring a New York Social Security Disability lawyer is knowing they will walk you through the documents you need and help you obtain them.
Receiving a denial for Social Security Disability insurance can be devastating, especially when you suffer from an injury or illness that hinders your ability to earn an income. However, try not to lose hope.
Here are some ways that a Social Security Disability attorney can help you whether this is your first time applying or you just received a denial:
Preparation for application, appeal, and a disability hearing is often stressful. At the law offices of Pyrros, Serres & Rupwani, we can offer invaluable experience and expertise in Social Security Disability cases in Manhattan, Brooklyn, Queens, Bronx, Staten Island, and surrounding areas.
Our attorneys will help you pursue your claim with persistence. We are available 24 hours a day, seven days a week, and charge nothing to listen to your situation. We also have workers’ compensation lawyers and other personal injury experts.
Contact us today to schedule a free consultation with a Social Security Disability attorney and find out how we can help you.