Top New York, NY Social Security Disability Lawyers Near You

What Are Social Security Disability Benefits?

Social Security Disability Insurance (SSDI) pays benefits for workers who cannot work because of a qualifying disability. Workers pay into the SSDI system out of their payroll taxes. To qualify for SSDI, you have to have enough of a qualifying work history and meet the Social Security Administration’s (SSA) definition of disabled. Qualifying disabilities can include:

• Cancer
• Respiratory disorders
• Mental health disorders
• Epilepsy
• Traumatic brain injury
• Parkinson’s disease
• Immune system disorders

How Do You Apply for SSDI?

If you have a strong work history and a physical or mental disability that prevents you from working anymore, you could apply for Social Security Disability Insurance (SSDI). You’ll typically need to have your disability for at least six months before you can apply. Applicants are strongly encouraged to apply online or over the phone if they can, but there may be in person options near you if virtual applications aren’t accessible. You’ll need to provide various identifying information and details about your disability. They may ask you to submit documents like your birth certificate, prior W2’s, and an Adult Disability Report that you can get online or at a social security office.

How Do You Medically Qualify for SSDI?

To qualify for SSDI, you’ll need to demonstrate that you have a severe disability as defined by the Social Security Administration (SSA). This may include physical limitations like an inability to lift things, stand, walk, or sit, or mental limitations like significant memory problems. Having these kind of conditions may not be sufficient to receive benefits; they must also hinder your ability to do basic job functions.

How Are Work Credits Calculated?

To qualify for SSDI, you need to have a valid work history. To determine if your employment record is sufficient, social security reviewers will assign “credits” to different factors of your previous work experience. You need 40 credits to become eligible. Credits are assigned based on your income, your age, and how long you worked. The threshold for each of these factors may change each year. For example, you may earn one credit for each $1,000 you made the last year you worked. If you’re within a certain age bracket, they’ll expect that you worked a certain number of years to earn credit. So if you’re say, under 30, you may be required to work only eight years to earn credits, and will get more credits per year than a person over 40 who may be expected to have worked longer and will also get fewer credits per year of work.

What Is the Difference Between SSDI and SSI?

Social Security Insurance (SSI) differs from SSDI in a few ways. SSDI typically pays more, but has stricter eligibility criteria. Whereas SSDI generally only applies to people who have worked before and have severe disability, SSI can apply to people who are over the age of 65, legally blind, or who have a severe disability. However, people who meet those qualifications aren’t eligible for SSI unless they’re also on very limited income. Those who receive SSI will usually qualify for Medicaid soon after they’re approved for SSI, but SSDI recipients may need to wait about two years for Medicaid.

Can I Have Both SSI and SSDI?

It is possible for a person to receive SSI and SSDI. If you have a sufficient work history and limited finances and other resources, you could be eligible to receive payment through both programs. You’ll need to meet the minimum standards for each program, or else you may be denied one or both.

How Long Does a Social Security Disability Review Take?

If you’re required to complete a Social Security Disability Review, they’ll usually send you a short-form or a long-form review application. The process for the long-form usually takes four to six months, though it may a bit shorter or longer depending on the circumstances. The short-form review often takes one to three months, give or take. For both versions of the review you’ll need to provide some requested documentation about your identity and disability, and information about your work history. In the long-form version, you many need to provide more extensive medical records and will have additional forms to fill out. In both cases, you may be asked to participate in periodic follow ups.

How Long Does it Take to Get Social Security Disability?

The SSA says that applicants should expect it to take three to five months before they receive a decision about their case. If you send incomplete or incorrect information in your application, that could delay your decision. You should send in all the requested materials as soon as possible to decrease your wait time. In some cases, you may be asked to provide follow-up information for a review, which may also add a few more months before your case is approved or formally denied. If they accept your application, you can generally expect to start receiving payments in one to two months.

What Happens if My SSDI Application Is Rejected?

If your SSDI application is denied, you have the option to appeal. You’ll only have 60 days to begin your appeals process, so it’s important not to wait too long. You can begin the appeal process by applying online, and you’ll have a few options for what kind of appeal to do. If you disagree with their assessment of your disability, you can request reconsideration and you’ll get a new review completed by different people. You could also opt to have a hearing before an administrative judge, an appeals council, or in some cases, a federal court, to explain why you believe your case was wrongly denied.

What Are Some Examples of Situations Where I Might Need a Social Security Disability Lawyer?

The Social Security Disability system is confusing for many people. Getting approved for disability benefits can take a long time and require a lot of preparation. Situations where you might want to talk to a Social Security Disability lawyer include:

• You are having problems with the SSDI application
• You are having trouble getting the medical documentation required
• Your disability claim is denied and you want to file an appeal

How Can a Social Security Disability Lawyer in New York Help Me?

A Social Security Disability lawyer can explain your legal options and help you recover your rightful benefits. If the SSA denies your disability claim, your lawyer can review your case and get the supporting evidence you need for approval. In a Social Security disability claim, a lawyer can help you:

• File a disability claim appeal
• Get supporting evidence from a qualified doctor
• Represent you in a disability hearing
• Recover lost disability benefits

What Could Happen if I Don’t Hire a Social Security Disability Lawyer?

If you don’t hire a Social Security disability lawyer, you may lose out on the disability benefits you deserve and have paid for with your tax dollars. Without these benefits, you may be forced to do work that will cause you pain, distress, and further disability. Without a Social Security Disability lawyer, you could face the following problems if you still have to quit your job because of your disability:

• Eviction
• Food insecurity
• Lack of access to health care
• Pain and suffering
• Homelessness

What Questions Should I Ask When Trying To Find a Social Security Disability Lawyer in New York?

These questions can help you decide if you feel comfortable and confident that a lawyer has the qualifications, experience, and ability to manage your case. Many Social Security Disability lawyers offer a free initial consultation that allows you to understand your options and get specific legal advice before hiring them. The top questions to ask include:

• What is your experience in handling Social Security Disability cases in New York?
• Have you represented disabled individuals in Social Security Disability cases like mine?
• What are potential issues that can come up during Social Security Disability cases?
• How will you keep me informed about updates in my case?
• What is the likely timeline for resolving my Social Security Disability case?
• How much can I receive in damages for my Social Security Disability lawsuit?

Tips for Hiring a Social Security Disability Lawyer

Take the time to find a Social Security Disability attorney who is right for you and will represent your best interests. Find a lawyer who understands your case, knows your needs and goals, and has the experience to get the best outcome. Things to do:

• Ask for recommendations
• Research lawyers online
• Schedule consultations
• Review experience and expertise
• Talk about fees and billing
• Trust your instincts