If you have a disability and are unable to work, you may be eligible for Social Security disability benefits. However, applying for disability benefits through the Social Security Administration (SSA) is an involved and time-consuming process with many potential pitfalls. It’s easy to make errors or miss deadlines that result in application denials and approval delays. An experienced New York social security disability attorney can help you determine if you may qualify for benefits and how to maximize your likelihood of a favorable result.
The attorneys at Fessenden Laumer & DeAngelo, PLLC, have extensive experience managing Social Security disability cases. We can gather evidence to submit with your application that should facilitate a speedy and fair decision and handle the application process for you. We can also appeal any application denials and manage your case through the reconsideration process.
Contact our legal team serving New York and Pennsylvania today for an initial case evaluation to learn how we can help you pursue the financial benefits you need after a medical condition has left you unable to work.
People often use the term “Social Security” to refer to both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). However, SSDI and SSI are distinct programs with different purposes, payment structures, and technical requirements.
SSDI payments are funded through employer and employee payroll taxes and provide income for workers who become disabled. In order to be eligible for SSDI, you must:
The SSA defines a disability as a medically determinable impairment, either physical or mental, lasting at least a year or more or that will end in death that prevents you from performing substantial gainful activity.
To meet the technical requirements for SSDI, you must also have the appropriate number of work credits. You earn work credits whenever you pay Social Security taxes and can earn up to four credits per year. In general, you need at least 40 work credits to be eligible, and 20 must have come from the last 10 years.
Your actual SSDI monthly benefit depends on your lifetime earnings. Specifically, the SSA looks at your Average Indexed Monthly Earnings (AIME) and uses a special formula to derive benefit payments. This formula accounts for things like general cost-of-living increases.
SSI is a program meant to support those with disabilities who have limited income and resources. Unlike SSDI, SSI eligibility is not based on work history. Any Bradford resident can be eligible for SSI as long as they are disabled, blind, or over the age of 65.
To meet the technical requirement for SSI, your total countable income must be below the maximum SSI monthly benefit. For the purposes of SSI, income includes any earned or unearned income, such as work income, interest, Social Security benefits, and cash gifts from friends and family. The SSA calculates your monthly payment by subtracting your countable income from the maximum benefit amount. Pennsylvania may also provide additional SSI payments through its State Supplemental Payment (SSP) program.
Additionally, you must be under the SSA’s resource limit. Resources include any cash savings or assets easily converted into cash, such as:
SSI resource limits are higher for individuals with children under the age of 18. If you suddenly obtain resources above the limit, such as through an inheritance or retroactive pay, you must spend down those resources to maintain eligibility.
You may apply for SSD benefits online, in person, or over the phone. Applications for SSI are conducted by telephone. An SSD/ SSI benefits application will include information needed to determine your eligibility, such as medical information, asset and income information, and work history. The Social Security Administration will review your financial information and work history to determine whether you qualify for SSDI or SSI.
If you have questions about Social Security disability benefits, a disability lawyer from Fessenden Laumer & DeAngelo, PLLC, can provide answers. Contact our legal team serving New York and Pennsylvania today for an initial case evaluation to learn how we can help you pursue the financial benefits you need after a medical condition has left you unable to work.
Yes, you can receive benefits from both programs simultaneously. The programs are distinct, so applying for one doesn’t affect eligibility for the other. In fact, many of our clients apply for SSDI and SSI together to reduce administrative wait times. The SSA uses the term “concurrent benefits” when an individual is eligible for both programs.
In order to qualify for both, a Bradford resident must meet the technical requirements for each program: SSDI disability requirements and SSI income/asset limits. You can consult with a Social Security disability attorney to assess your options in both programs.
If your Social Security disability application is denied, the SSA will send you a letter stating the rejection and explaining the decision. There is a process for appealing denials.
If you receive a denial, you have 60 days to request an appeal at the next level. You must go through the appeals process to have the SSA reconsider its decision.
Applying for Social Security disability is notoriously burdensome and complex. Eligibility requirements can be complicated, and the SSA heavily scrutinizes medical documentation to assess disability. According to the SSA, over two-thirds of initial applications are denied.
Applying takes time, as well. It can take up to six months to receive an application decision, longer if you request reconsideration and appeal hearings. Application backlog and SSA staffing issues can further contribute to wait periods. During this time, the SSA might request more information. If you don’t provide the correct info, your application could be denied.
The Social Security disability attorneys at Fessenden Laumer & DeAngelo, PLLC, who serve Bradford can help you through the initial application process to maximize your chances of disability approval. Specifically, we can:
You do not need an attorney to apply for Social Security disability benefits, but hiring one can benefit your case. We have helped numerous disabled Pennsylvanians in Bradford secure the benefits they need to live and thrive. We can be your legal advocate when you need help the most.
Anyone can become disabled, and it only takes one bad car accident or medical diagnosis to change your life forever. Fessenden Laumer & DeAngelo, PLLC, understands the difficulties of life with a disability and the process of getting assistance. Our injury attorneys have decades of collective experience in legal practice and know how to best approach Social Security disability claims. With our help, you can maximize the chances of application approval and reduce the need for appeals.
Contact our offices online or call today for a case consultation with a Social Security disability attorney serving Bradford, PA.
