What Is Social Security Disability
Social Security is designed to protect US citizens from a lack of income for various reasons including old age, disability, unemployment, and other reasons.Social Security disability is a form of financial support for Americans who cannot work due to a physical or emotional condition.
If you are unable to work due to a disability, you may be eligible to obtain financial support through Social Security disability benefits. Visit our Social Security disability page for more information or call us today.
Should You Get A Lawyer
Do you need an attorney to begin the application process? The quick answer to that question is no. The application process is designed to make it possible for you to undertake the process on your own. Representatives of the social security administration will attempt to answer your questions and help you fill out the forms, but the truth is they are not your representatives. An attorney experienced in handling social security disability claims will understand the importance of your answers to the questions on the application form. Having an attorney at the first stage of the process will increase your chances of success and may shorten your application process by many months.
Advice For Answering Tricky Questions On The Application Form
Most of the questions on the application form ask that you provide information that is important and easily obtainable. However, there are some questions that require more serious consideration before providing an answer. For instance, question number 10 on the basic application form asks you to provide the date that you became unable to work because of your illness, injuries, or conditions. The correct answer may or may not be the last day that you worked. If your condition is the result of an accident or a work injury, then the onset date may be the date that the injury or event occurred. If your condition is one that got worse over time and you became less and less able to do the tasks necessary for your job, the onset date may be sometime before your last day of employment. The date determined to be the date of the onset of the condition will affect the amount of your retroactive benefits. An incorrect decision on the date of onset can cost you many months of benefits.
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What Is The Best Way For Me To Prepare For My Social Security Disability Hearing
The most important thing you can do to get ready for your hearing is to be sure to come PREPARED.
For starters, youll want to make sure all of your medical records and evidence have been properly submitted to the Social Security Administration. Then, youll want to be sure you know what disabilities you are claiming and bring with you any documents or statements that describe how your disability impacts you on a daily basis.
At the hearing, judges will be determining your physical and/or mental limitations. They will want to review the type of work youve performed and assess your ability to continue with these job functions. Theyll want to know the effect of your limitations on a daily basis and might inquire about how often you see the doctor and effects of any medications you might be taking regularly. Being prepared to answer these questions is a good way to prepare yourself.
If You Become Disabled While You Are Unemployed
- If you have been unemployed for less than four weeks
- your disability benefits are provided by your last employer’s disability benefits insurance carrier, and
- the seven-day waiting period applies.
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Applying For Social Security Disability Benefits
Social Security disability benefits are available to qualifying individuals who are unable to engage in substantial gainful activity due to a physical or mental impairment, or a combination of impairments, that is expected to result in death or that has lasted or is expected to last for more than 12 months. In order for you to find out whether or not you meet the above definition of disability and are entitled to receive benefits, you will need to fill out and submit an application.
When Will I Receive My First Ssdi Payment
If the Social Security Disability application is approved, the first benefit will be paid to you for the sixth full month after the date that the disability began.
Monthly disability benefits are wholly based on your lifetime average earnings covered by Social Security. You can receive an estimate here.
Disability Benefits Guide For Ny Residents
Approximately 37.5% of the worldâs population has a disability, but some disabilities donât impair a personâs ability to do work. For disabled individuals who arenât able to work or pay for private disability insurance, Social Security benefits offer an important source of income. Benefits are paid monthly through this program which allows disabled individuals to continue on with their lives, but qualifying for Social Security disability benefits is notoriously difficult.
Further, the payout is calculated off the number of years the beneficiary worked before becoming disabled. So that means that younger disabled individuals are likely to receive lower benefits than people who are older when they become disabled.
Understanding the challenges ahead in applying for and receiving Social Security disability benefits can help applicants prepare for the steps involved to ensure that the process goes smoothly.
Before we delve into disability benefits, letâs take a look at disabilities in general.
How Do I Change The Name On My Social Security Card
There are a couple of ways you can perform a Social Security card name change. The easiest is by making the request online through your My Social Security account. Depending on the state you live in, you might be unable to complete the request online. If you cannot, then you will need to mail in the application for name change with the required documentation or visit your local Social Security office.
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New York Ddd Locations
If your disability application does’t receive a technical denial at the field office, it will be sent to the Division of Disability Determinations , a state agency with various locations in New York, to be evaluated for medical disability. If you don’t receive a letter from DDD within a month or two of applying, you can call the toll-free DDD number for the New York Region at 800-522-5511 to find out to which office your case was sent. Here is contact information for the four DDD locations in New York.
Division of Disability Determinations
Covers the following field offices: Freeport, Long Beach, Melville, West Babylon, Mineola, Patchogue, Riverhead
SSA, Office of Hearing OperationsRoom 2909New York, New York 10278-0035 Telephone: 264-8819 Fax: 264-8633
Covers the following field offices: Downtown, Chinatown, Delancey Street, Murray Hill, Tompkins Park, Midtown, Lenox Hill, Staten Island, New Dorp, Uptown, East Harlem, North Harlem, Washington Heights, Bedford-Stuyvesant, Bushwick, Williamsburg, East New YorkQueens
SSA, Office of Hearing OperationsJoseph P. Addabo Federal Building155-10 Jamaica Avenue, 2nd Floor Jamaica, NY 11431
Mailing address: Office of Disability Adjudication and Review Joseph P. Addabo Federal BuildingP.O. Box 319300 Telephone: 557-6530 Fax: 557-6575
SSA, Office of Hearing OperationsU.S. Federal Building, Room 4170100 State StreetTelephone: 263-5771 Fax: 263-5792
When Should I Apply For Social Security Disability Benefits
Social Security Disability Benefits are available to a disabled individual who has been or will be out of work for at least 12 months due to a medical condition or conditions that are severe enough to prevent the person from working for at least a year.
But you DO NOT have to wait a year! You SHOULD apply as soon as you can no longer work or your income drops below $980 per rmonth due to your medical condition
Why not wait until you are actually out a year? Simple. It could take up to two years or more for your claim to finally be granted after the hearing and appeals process. Also, you will be paid retroactively to the time of your filing of a claim so waiting too long could jeopardize benefits.
If you apply and then return to work before the year requirement is met, no problem you can just drop your claim. But then again, if you cannot continue to work you may be eligible anyway!
How Long Does The Social Security Disability Process Take
The social security disability process is lengthy one. While each case is different, you can expect the initial application stage to take 3-5 months before you get a decision. If your application is denied, you can request a hearing to be heard in front of an administration law judge. This is referred to as the hearing level. It can take an additional 9-20 months to get the hearing, depending on where you live.
While the disability process can be a lengthy one and you may not get social security disability benefits the first time you go through the process, it is important for you to be as patient and persistent as possible. Dont give up!
What If I Get Awarded Social Security Disability Benefits But Afterwards Find I Am Well Enough And Wish To Return To Work
If you are getting disability benefits, there are special rules which make it possible for you to continue to receive Social Security disability benefits while getting back to work. You would inquire about social securities work incentives and/or their Ticket to Work program which make it possible for you to work and continue to receive monthly payments. The trial work period allows you to test your ability to work for at least nine months. During this period you receive your full SS benefits regardless of how much you are earning as long as you report your work activity and continue to be disabled. At the end of this trial work period, you have 36 months in which you can continue to work and still receive benefits as long as your earnings are not substantial. Earnings of $1,000. or more are currently considered substantial.
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Moving Forward With Your Claim
If you suffer from an impairment that prevents you from working full time, it is important to speak with your New York Social Security disability lawyers about your options for benefits. The attorneys at Hermann Law Group, PLLC can help. Call their office today at 1-877-773-3030 for your Free Case Evaluation.
Who Qualifies For Disability In Ny
To qualify for disability in New York, the applicant must fulfill certain conditions:
â The employer and one or more employees becomes âcoveredâ four weeks after the 30th day of their employment.
â An employer decides to provide benefits by filing an Application for Voluntary coverage. Employees are then covered for disability.
â Recent or current employees who work for an employer who is âcoveredâ and who have worked for at least 4 consecutive weeks qualify for disability.
â Employees who have changed from one job where they were âcoveredâ to another job where they are âcoveredâ, receive disability benefits protection starting on the first day of their new job. Eligible employees donât lose protection during the first 26 weeks of unemployment as long as the employee is eligible to claim unemployment insurance benefits.
â Personal or domestic employees who work for 40 or more hours weekly for one employer qualify for disability benefits.
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Identify Every Medical Condition
Be thorough when listing your medical conditions on the application. Do not omit the mention of any medical problem you are experiencing, no matter how minor the symptom might seem. In reviewing claims for benefits, the Social Security Administration evaluates your overall condition, level of functioning and ability to work. One or two issues on their own might not disable you, but the combination of multiple afflictions could be disabling.
Even if your medical condition is not on a list, you may still be considered disabled if you are impaired. However, it can be helpful if your condition is on the list of impairments. If you meet multiple requirements on an impairment listing, you may be approved automatically. If you dont meet a listing, then the SSA will continue on to other considerations of disability.
The Ssdi Application And Appeals Process
The application for Social Security disability benefits can be completed online or at the local Social Security office. It will ask for detailed information regarding your work history and medical condition. Ideally, you should have your attorney complete the application on your behalf to make sure it best supports your claim for benefits.
Unfortunately, its estimated that the SSA denies about 70% of applications in the initial stages. Some of these people simply do not qualify for benefits under the law, but many do manage to win benefits on appeal.
The appeals process has four levels:
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New York Appeals Process
There are four steps to the appeals process in New York.
- Step 1: Reconsideration. A different claims examiner at New York’s Division of Disability Determinations review the case and decides whether you are disabled.
- Step 2: Administrative Law Judge Hearing. At this hearing, the ALJ will consider any new evidence and will review the decision that was made.
- Step 3: Appeals Council. The Appeals Council will only hear cases that it finds were decided based on incorrect procedures. If the AC rules a case was decided incorrectly, the AC can hear the case itself or send it back to the ALJ to be retried.
- Step 4: Federal Court Case. If the appeals through SSA are unsuccessful, you can bring your case to federal court in New York. There are four federal district courts in New York.
New York Reconsideration Approval Over Time
|Reconsideration Approval Rate|
As the table and the below chart indicate, New York is ahead of the national average when it comes to approvals at the Hearing level. In 2021, New York ranked 5th in the nation for highest percentage of approvals at Hearings. Even so, these still are not great chances. However, as youll see below, all individual hearing offices in New York are not the same each office has its own approval rates, and almost as importantly, waiting times. Which hearing office your case is assigned to in New York may have a significant bearing on your chances for approval.
Also worthy of note is the fact that past performance is only one indicator of likely outcomes as new data comes in, you might see that a states performance compared to the national average has either improved or weakened.
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Extended Period Of Eligibility
Following your trial work period, you will enter a 36-month extended period of eligibility. It is in this period that you can work and still receive benefits only as long as your earnings are less than what Social Security considers substantial. Social Security deducts what they consider work expenses that are a direct result of your disability from your total monthly earnings. These work expenses can range from prescription drug copays, transportation to and from work, and specialized work equipment.
Dont Delay: Apply Today
Since the Social Security disability application process can stretch out for months or even years, do not wait to apply. Submit your application as soon as possible. There is no need to wait until your finances are strained, since financial considerations are not a factor in the Social Security Administrations decision about your eligibility to claim disability benefits.
Once your application is approved, you may be able to get benefits that predate your approval date. The date of your Social Security disability application is an indicator of when benefits should have been paid on that date and possibly earlier.
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Verification Of Ssdi/ssi Benefits
The applicant should provide appropriate documentation to verify that he or she is a recipient of SSDI or SSI benefits.
If the applicant is unable to provide verification, ACCES-VR staff, with appropriate releases, must verify the applicant’s eligibility for SSDI/SSI. This verification must be made within a reasonable period of time to determine the applicant’s eligibility.
A current Ticket to Work is evidence that the ticket holder is receiving SSDI/SSI benefits for the purpose of determining eligibility.
How Do I File A Claim For Short
It is very important to note that if you become disabled and qualify for short-term disability insurance, you must file your claim within 30 days of becoming disabled.
collecting unemployment benefits for less than four weeks
If NYSIF is not your employer’s insurance provider, contact the Worker’s Compensation Board.
If you are unemployed and have been collecting unemployment benefits for longer than four weeks at the time you become disabled, you will file a DB-300 form. These forms can be obtained on the NYSIF website, from your local Workers’ Compensation Board, or by calling 800-353-3092. Completed DB-300 forms should be sent to: NYS Workers’ Compensation Board â Disability Benefits 100 Broadway Menands/Albany, NY 12241.
Both forms require you to fill out a section about your disability, as well as a section to be filled out by your treating physician regarding your disability. Medical evidence regarding your disability may be required for the entire period you are requesting benefits.
For those who are employed or unemployed for less than four weeks, there is an additional section that must be filled out by your employer.
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