Why do I need an attorney in a Social Security Disability Claim?
Although you are not required to have an attorney, having someone who understands the legal proof necessary to establish a Social Security claim is most helpful. The fact is that Social Security Disability claims are, for the most part, initially denied.
Our firm has successfully represented thousands of disabled claimants on both the initial application, as well as Appeals, before Administrative Law Judges of the Social Security Administration. We combine a complete knowledge of the law with an understanding of the requirements demanded by individual judges. We are available to discuss potential claims and there is no fee for a consultation.
In what geographical areas do you practice?
Our practice covers Long Island and New York City for the most part, but we will continue to represent you should you move during dependency of your claim. Should you move to an area too far a field for us to litigate your case, we will recommend competent counsel in your geographic area.
Who qualifies for Social Security Disability Benefits?
As a general statement, we recommend not applying for Social Security Disability Benefits until you have been out of work for six months. At that point, if you have been gainfully employed for sufficient years and at sufficient funds, you may be considered eligible for SSDB. Your disability has to be severe enough to meet the criteria of the Social Security Administration, and we will advise you of your likely eligibility and potential for success in your claim.
If your claim is successful, you will become eligible for monthly cash payments and members of your family may also qualify. After two years of payments, you will also qualify for Medicare health insurance benefits.
Remember that your period of disability (out of work), must be expected to last at least 12 months, for your claim to be viable.
Is there an age requirement for receiving Social Security Disability Benefits?
No. Younger individuals may get Social Security Benefits based on the disability. If you have a history of working, but can no longer do the job because of an illness or injury, you may be eligible to receive Social Security Disability Benefits.
Is there a time limit for filing a claim?
No. As soon as you are convinced you’ll be out of work for a 12-month period, we suggest you contact us for an initial discussion; and at the point where you are out of work for six months, we will proceed with your claim if you wish.
Does every injury or illness qualify me for Social Security Disability?
No. To qualify for Social Security Disability Benefits, the Social Security Administration has defined the requirements as having a physical or mental impairment that keeps you from doing any substantial work for at least a year, or a condition or illness that is expected to result in your death.
If I am disabled under other benefit plans, such as Workers’ Compensation, does that mean I will qualify for Social Security Disability Benefits?
No. The definitions of disability are different between various government programs. Someone who has been “classified” as having a permanent, partial disability, under the Workers’ Compensation Law, may nonetheless be considered totally disabled, under the Social Security Disability Benefits law. This is why we so strongly recommend that you speak to an attorney, who practices in the area of Social Security Disability Benefits, to determine the viability of your claim.
Is there a time limit for applying?
No, but remember that the longer you don’t file, the more benefits you may lose by delaying.
How are you paid for your services?
Unlike some Social Security Disability law firms, we do not charge “up front” for taking your case or filing your claim. We take cases on a contingency basis. This means that unless we win your case, there is no fee. The Social Security Administration approves all attorneys’ fees and, in most cases, they approve a fee of 25% of any benefits due retroactively, up to a maximum fee of $5,300, whichever is less. The Social Security Administration will deduct our fee from your award and send it to us. Absent an error by the Social Security Administration, the client does not pay us directly.
What is the usual timeframe for processing a Social Security Disability claim?
It will usually be five or six months before the Social Security Administration decides on an initial claim, and then an additional six months to a year before there is a hearing before a Judge (if Social Security has denied your claim initially).
With an attorney, there is the potential for considerable shortening of the time periods on Appeal.
What will you do if my claim is denied?
We will file an appeal and request a hearing before the Social Security Office of Hearings & Appeals. Statistics issued by the government indicate you have a greater likelihood of winning your appeal, when you appear before the Judge with an attorney.
How long do Social Security Disability Benefits last?
If you are found to be eligible, your benefits will last for as long as you are unable to work and remain disabled, or until you become eligible for Social Security retirement payments. Your claim for Social Security Disability benefits will not deprive you of your old-age Social Security Benefits. If you are out of work prior to applying for old-age benefits, and do not prove that you are disabled while out of work, your later retirement benefits may be affected.
What else should I know about applying for Social Security Disability Benefits?
You should be aware that you can collect Social Security Disability Benefits, Workers’ Compensation benefits, and long-term disability payments from a long-term disability policy at the same time. However, you should be aware that the long-term disability benefits provider, may offer you at “no cost,” help with your Social Security application. However, sometimes they don't ask for sufficient information, due to the many complicated Social Security forms, and the Social Security Administration thus receives less than fully accurate information at the time of the initial application, which could jeopardize your entitlement at a later date to your long-term disability benefits, or to your Social Security Disability Benefits. You should have an attorney helping you.
Should I expect the finding of eligibility to be permanent?
Unfortunately, the Social Security Administration reviews most disability claims at three-year intervals, to be satisfied that you remain disabled.
We continue to represent those clients who we have helped with their initial application at the time of such reviews.
There is never a fee for a consultation. Contact us for an interview to discuss you claim.
