SSDI Benefits Lawyers in Queens, NY

Qualifying For SSDI Benefits

Disability can happen to anyone at any age. A tragic collision, a workplace accident or a chronic illness could leave you, or a loved one, disabled long before retirement age. In the United States, the Social Security Disability Insurance (SSDI) program is intended to provide benefits to the disabled and their dependents. However, the application process for SSDI is complex enough that benefits can seem elusive. That's where the attorneys at Simon & Gilman, LLP come in, we're here to help you navigate the benefit system, so you can recieve the assistance you need. To get started reach out to us now or continue reading to learn more.

What Are The two Types of Social Security Disabilities?

Social Security Disability Insurance (SSDI): Participants in this program must have worked a minimum of ten years and paid Social Security taxes. The SSDI compensation amount is determined by the worker's past earnings history. People with disabilities that keep them from working for a year or longer or that are anticipated to cause death are eligible for SSDI.

Supplemental Security Income (SSI): is a needs-based program that, without regard to a person's employment history, offers payments to disabled adults and children who have low incomes and resources. People 65 and older without disabilities who match the financial requirements can also receive SSI.

If you have applied or plan to apply for SSDI benefits, it makes sense to retain the services of an experienced SSDI attorney to ensure that you receive your benefits. At Simon & Gilman, LLP, we understand how a sudden disability can impact you and your family, both financially and emotionally. Our legal team will help you file your application and aggressively represent you through the appeals process should your initial application be denied.

A disabled adult may be eligible for benefits through either the Social Security Disability Insurance (SSDI) program or through the Supplemental Security Income (SSI) program. As a general rule, the SSDI program provides a higher monthly benefit amount. SSDI benefits are based upon your work history; SSI benefits are not. Another advantage to the SSDI program is that if you qualify for SSDI, your spouse and/or dependent children may also qualify for benefits as well based on your eligibility.

If you live in Queens or the New York metropolitan area and you believe that you qualify for SSDI benefits, contact the SSDI attorneys at Simon & Gilman, LLP, today by calling 877-634-6951 or by filling out our online contact form. Let us guide you through the process to ensure you receive the benefits to which you are entitled.

How Does Social Security Determine if You Are Disabled?

To qualify for SSDI benefits you must meet two basic eligibility criteria. First, you must have earned enough "work credits" to be eligible. Work credits are earned each quarter in which you received income from employment. How many work credits you need to qualify for SSDI depend on your age at the time of application. Second, you must meet the Social Security Administration’s definition of "disabled." According to the SSA, you are considered disabled if:

• You are unable to do the work you did previously
• You are judged by SSA to be unable to adjust to other professions or types of work
• Your disability is projected to last at least 12 months or until the end of your life

The goal of SSDI is to provide benefits for long-term disability. The amount of your monthly benefit will depend on your previous earnings. Your spouse and children may also qualify based on your previous earning record up to a family maximum amount.

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What Conditions May Qualify Someone for Social Security Disability Insurance?

Qualifying for Social Security Disability Insurance (SSDI) hinges on the presence of medical conditions that significantly impair your ability to work. The Social Security Administration (SSA) maintains a comprehensive list of conditions, known as the Blue Book, which details specific criteria for each listed impairment.

Common SSDI qualifying conditions include, but are not limited to, severe musculoskeletal disorders like arthritis or back injuries, cardiovascular conditions such as heart failure or coronary artery disease, neurological disorders like multiple sclerosis or Parkinson's disease, mental disorders including depression and anxiety, and various forms of cancer. It's important to note that this list isn't exhaustive; if your condition isn't listed, you may still qualify if you can demonstrate that your impairment is equally severe and inhibits your work capacity. Crucially, the condition must be expected to last at least one year or result in death. At Simon & Gilman, LLP, we guide our clients through the nuances of these requirements, ensuring your case is presented comprehensively to the SSA.

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What Services Do Social Security Disability Lawyers Provide?

As Social Security Disability lawyers in Queens, NY, our role extends beyond mere legal representation; we provide a comprehensive suite of services designed to navigate the complexities of the SSDI application process.

- Initially, we offer a thorough evaluation of your case, assessing the likelihood of eligibility based on your medical condition and work history.
- Our expertise is invaluable in gathering and organizing medical evidence, ensuring that your documentation robustly supports your claim.
- We assist in completing and submitting the SSDI application, paying meticulous attention to detail to minimize the risk of errors or omissions that could lead to a denial.
- In the event of a denial, we are adept at handling appeals, representing you in hearings before an Administrative Law Judge.
- Our services encompass preparing you for the hearing, developing a strategic argument, and cross-examining expert witnesses.

With Simon & Gilman, LLP, you receive not just legal assistance but a committed partner in your journey to secure the benefits you deserve.

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What Are the Different Steps in the Social Security Disability Application Process in New York?

The application process for Social Security Disability in New York involves several key steps. First, you must prepare and submit your initial application. This can be done online, over the phone, or in person at a local Social Security office. The application requires detailed information about your medical condition, treatment history, work history, and how your disability affects your daily life. After submission, your application is reviewed for basic eligibility criteria, such as your work credits and the severity of your condition.

If your application passes this initial review, it is forwarded to the Disability Determination Services (DDS) in New York, where it undergoes a more thorough evaluation. The DDS may request additional medical records or ask you to attend a consultative examination to gather more information. Once all necessary information is collected, the DDS makes a decision on your claim.

If your application is denied, which is common, you have the right to appeal. The first stage of appeal is Reconsideration, where a different reviewer assesses your claim. If denied again, you can request a hearing before an Administrative Law Judge. This hearing is a critical phase where having an experienced attorney like those at Simon & Gilman, LLP can significantly impact the outcome. Further appeals, if necessary, involve the Appeals Council and potentially federal court review. Our firm supports you at each step, providing guidance and advocacy to enhance the likelihood of a favorable decision.