How do you meet your needs when you have a severe injury or illness that keeps you from working? Social Security disability benefits can provide much-needed income in these situations, but the application process can be daunting without help. Furthermore, research from the Social Security Administration (SSA) shows that about 21 percent of initial disability claims are approved, while the overall approval rate (including claims won on appeal) is about 30 percent.
Trust the team at Fessenden Laumer & DeAngelo, PLLC, to handle your Social Security disability claim and help you claim the benefits you need. Our Social Security disability lawyers serving Evans, NY, have represented people seeking benefits for 40 years. We’ve helped thousands of people recover the necessary resources to pay for their medical treatments and other expenses. We know what you’re going through and will treat you with the utmost compassion, respect, and dignity. Call now or complete our contact form for a free consultation.
There are two main types of Social Security disability benefits available in Evans, NY. The first is Social Security Disability Insurance, or SSDI. SSDI is the program that most people think of when they’re talking about Social Security disability benefits. The program provides monthly income to workers who cannot work enough to meet their daily needs. Workers qualify for SSDI benefits by earning credits through paying Social Security taxes on their income. People typically need 40 credits to qualify for SSDI benefits, and workers can earn a maximum of four credits per year. Younger workers can sometimes qualify for SSDI benefits with fewer than 40 credits.
Workers seeking SSDI benefits must also meet the SSA’s strict definition of disability. Usually, workers can’t qualify for SSDI benefits unless their injury or illness leaves them completely unable to work for 12 months, has already lasted for 12 months, or is expected to be fatal. The SSA maintains two lists of qualifying disabilities, one for adults and one for children.
The other type of Social Security disability benefit that is available in Evans, NY, is Supplemental Security Income, or SSI. The SSI program provides monthly benefits to children and adults with severe injuries or illnesses, though some adults 65 or older may qualify without an injury or illness if they meet certain income guidelines. Unlike SSDI, though, SSI benefits are based on financial need instead of an applicant’s work history. The current income cutoff for most SSI applicants is $1,971 per month, though the cutoff is slightly different for couples.
There are three main methods to apply for SSDI or SSI benefits in Evans, NY:
Given that only 20 percent of initial Social Security disability applications are approved, you should be prepared for the SSA to deny your claim. However, you have options if the government denies your application. The SSA has an appeals process for denied claims, and an experienced attorney can help you with your appeal, giving you a stronger chance of claiming disability benefits. Some of the most common reasons for disability claim denials include:
Social Security disability benefits are meant for people with long-lasting or terminal injuries or illnesses, so qualifying applicants can expect long-term financial support. Benefits last until you are no longer disabled or exceed the SSA’s income restrictions. Depending on your situation, your benefits could last for years or the rest of your life.
Many people receiving Social Security disability benefits can work in a limited capacity and maintain their benefits. For example, SSDI recipients can get a 9-month trial work period that allows them to keep their benefits while testing whether they can return to the workforce. However, returning to work could reduce or eliminate your benefits, so make sure you talk to an attorney before getting a job that might jeopardize your financial security.
It takes time to build a strong case for Social Security disability benefits, so it’s crucial to contact an experienced attorney as soon as possible. Call Fessenden Laumer & DeAngelo, PLLC, now at (716) 484-1010 or reach out online for a free case review.
Here’s how to find our office in Jamestown when you’re ready to discuss your Social Security disability case:
From the North:
Head south on NY-60 S toward Jamestown. Continue on NY-60 S until you reach the intersection with Forest Ave. Turn left onto Forest Ave, and 81 Forest Ave will be on your right after a few blocks.
From the South:
Head north on US-62 N toward Jamestown. Continue on US-62 N until it becomes E 2nd St. Turn right onto Forest Ave, and 81 Forest Ave will be on your left.
From the East:
Take I-86 W/NY-17 W to the Jamestown exit (Exit 12). Follow signs for NY-60 N/Jamestown. Continue on NY-60 N until you reach Forest Ave. Turn right onto Forest Ave, and 81 Forest Ave will be on your right.
From the West:
Take I-86 E/NY-17 E to the Jamestown exit (Exit 12). Follow signs for NY-60 N. Continue on NY-60 N and turn right onto Forest Ave. 81 Forest Ave will be on your left.
According to the Social Security Administration (SSA), you are eligible for SSD benefits if you have enough work “credits” from jobs that were covered by Social Security. You need to earn these credits within a certain time frame that ends with when your disability began. Then you must also have a disabling condition that results in you being unable to work for at least a year. There are additional qualifications for getting SSD benefits; please speak with us to learn more.
The majority of SSD claims are denied at first. This does not mean that you should give up, however. We can help you through the appeals process, starting with determining why the SSA denied your initial claim. Then we will correct any problems with the application and apply for reconsideration.
If you receive another denial, we will apply for a hearing with an administrative law judge (ALJ). If the ALJ denies the claim, we can request a review of the ALJ hearing with the appeals council. Further steps in the appeals process include filing a lawsuit in federal district court and finally taking the case to the Supreme Court, although this is very rare.
There are some very serious diseases and conditions that are fast-tracked through the SSD process under the Compassionate Allowances program. The list of qualifying conditions is long but generally includes adult brain disorders and many types of cancer. Children with certain serious disorders may also qualify for a compassionate allowance.
People who qualify for a compassionate allowance will receive benefits much more quickly, which is critical for the applicant and their family in these cases.
Yes, you may be able to go back to work while receiving SSD benefits. You must alert the SSA if you go back to work while receiving benefits or if your work hours, pay and/or duties have changed.
The SSA can assist you with returning to work by providing work incentives that include a continuation of your cash benefits for a period of time, continued Medicare or Medicaid benefits and help for people transitioning to a new type of work. If your disability prevents you from working again in the future, you will not have to go through the entire application process. Instead, the SSA will expedite your application.
