Social Security Disability Lawyers in NYC

What is Social Security Disability?

The SSA defines disability as an illness or injury that is severe and long-term. To qualify for SSI or SSDI, however, the health condition must also prevent you from working and be expected to last for at least 12 months.

SSDI benefits may be given to anyone who has become disabled after accumulating a sufficient number of work credits. For those who have less previous work experience, SSI payments may be available.

The problem with the SSDI and SSI programs is that applying for them is a very complicated process, and nearly 65% of applications for SSD alone are denied. If you want your application to be accepted, you’ll need to do more than offer proof of your disability. You’ll need to get every detail right.

SSDI vs SSI – What’s the Difference?

Both SSDI and SSI provide benefits to disabled Americans. The primary difference is in the eligibility criteria.

While SSDI (Social Security Disability Insurance) is a needs-based program that is available to people with limited monthly income and less than $2,000 in assets, eligibility for SSI (Social Security Insurance) depends on accumulating work credits. SSDI benefits tend to be larger than SSI checks since they are based on the average monthly income prior to the disability.

When to File for Social Security Disability

If you expect to be disabled for at least 12 months, the best time to file for SSDI or SSI in New York City is immediately after becoming unable to work.

It can take some time for your application to be processed and accepted, and there’s a good chance you’ll need to appeal an initial claim denial even if you’re qualified to receive benefits.

There is, however, a five-month waiting period between when an applicant becomes disabled and when the Social Security Administration, or SSA, can start paying out benefits.

How to Appeal Denied SSDI Claims

If your claim is denied, you shouldn’t give up hope. Most SSDI denials occur due to missing information and minor errors. All you have to do is follow the process below to file an appeal.

1. Submit a Request for Reconsideration

Resubmit your paperwork making sure you provide any missing information, and double-check that there are no errors. Unless you already know why your claim was denied, you should consult a lawyer before resubmitting the paperwork.

2. Attend a Disability Hearing

Disability hearings give applicants the chance to present an argument to the hearing judge explaining why they should qualify for SSDI. Since a disability hearing is a formal proceeding, you can hire a lawyer to represent you.

3. Await A Decision

After the hearing, your denial will be either overturned or upheld. If it’s overturned, you’ll start receiving benefits. If it’s upheld, your claim will be sent to an Appeals Council for further review. Should the Appeals Council also deny your claim, your last route of recourse is to file a civil suit.

Get Help From a New York SSDI Lawyer

If you’ve recently become disabled, don’t give up hope for the future. Schedule a consultation and find out how an NYC SSDI attorney can help you obtain the benefits you’re entitled to receive.