SSD & SSI Lawyers in NYC
Through the nation’s Social Security Disability Insurance program, disabled workers and their families are eligible to benefits if the worker earned sufficient credits by paying into the Social Security system throughout his or her working career. A disability may be a result of an injury or the onset of a medical condition. Unlike a government welfare program, the Social Security program is directly funded by the workers who benefit from it themselves through Social Security taxes. In order to qualify for the financial support provided by Social Security Disability Insurance, applicants must meet certain requirements concerning work and disability. An experienced social security disability lawyer can help ensure you receive the benefits you deserve.
Work requirements: These requirements concern the recent work of the applicant and the duration of that work when determining eligibility for benefits. The requirements vary based on the situation of the applicant. If the applicant was disabled before the age of 24, he or she must have had at least one and a half years of work within the period of three years prior to the injury in order to qualify to receive benefits. If the applicant was disabled between the age of 24 and 30, he or she must have worked half of the time period between his or her 21st birthday and the year of his or her disability. If the applicant is older than 31 years, he or she is required to have worked five out of the 10 years directly prior to his or her injury in order to qualify for the insurance. In addition to these work requirements, certain standards concerning the duration of that work may be applied depending on the age of the applicant.
Disability requirements: Upon meeting the work requirements for SSDI, the Social Security Administration will pass on the worker’s application to a local Disability Determination Services office. This agency examines five issues concerning the applicant’s condition when determining whether he or she qualifies as disabled. The issues revolve around the applicant’s ability, or inability, to work for earnings. First, the applicant must not be earning more than a certain amount of money in order to be considered as disabled. He or she must be suffering from an injury or condition that has significantly impacted his or her capacity to work and perform day-to-day duties. Additionally, the applicant must either be suffering from a condition listed in the SSA’s List of Impairments, he or she must have a qualifying disability that is as severe as a condition included on the list or he or she must be rendered unable to perform the tasks involved with his or her previous employment. Lastly, the applicant must also be medically unable to perform the tasks of any other gainful employment in order to be considered disabled and eligible for receiving SSDI.
Social Security Disability (SSD) Process
While being granted Social Security Disability Insurance can be extremely beneficial to the disabled worker and his or her dependents, the process of actually attaining those benefits can be long and tedious. It is helpful to consult with an attorney from the very beginning stages of the application. A lawyer can help ensure an application is filled out properly and accurately and protect against additional delays in the process.
The first step in the process is actually filing an application. An applicant can do so either online or in-person and will be required to prove he or she is indeed disabled, and that the disability will render him or her unable to work for at least one year at a previous or different place of employment. An application will require extensive records of identification and various information including the applicant’s Social Security number, a recent W-2 form, proof of age, and information concerning work history and medical records. Making a mistake or overlooking an element in this initial application can cause extensive delays in the eligibility process, which is why it is helpful to have a lawyer present at the filling or to hire a lawyer to fill out the application on behalf of the client.
If for some reason the application is denied, an applicant and his or her attorney can file for reconsideration. This would involve a review of the application by someone other than the person who denied it the first time around. In order to have an application reconsidered, the attorney must file the request within 60 days of the denial. If the application is denied a second time, the attorney will then request a hearing before an administrative law judge who will hear the case of the applicant as presented by his or her legal counsel. If the judge does not approve the claim, the last resort option is to file an appeal with the Appeals Council of the Social Security Administration who will either affirm or overturn the administrative judge’s decision.
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Contact An Experienced Social Security Disability Lawyer in NYC Today
As has been demonstrated above, the process of gaining Social Security Disability Insurance benefits can be long and painful. Because of the sensitivity of the endeavor and the knowledge required, it is highly advised that anyone considering applying consult with an SSD lawyer about the process. At The Law Office of Richard M. Kenny, we are able to offer experienced advice on the subject of Social Security Disability and want to assist you in the application process. To learn more about SSDI and how our office can help you, contact a social security disability attorney today.