Some medical conditions can cause severe disabilities or impairments that make it challenging or impossible for people to work. Fortunately, people with severe impairments may become eligible for financial benefits through the Social Security Administration, which can help them afford daily expenses if they cannot work.
However, the Social Security Administration maintains strict requirements for people applying for Social Security disability benefits. You can give yourself the best chance of success in your SSD application by working with an experienced Social Security disability lawyer serving Hamburg, New York. If you have more questions about Social Security disability, contact Fessenden Laumer & DeAngelo, PLLC, for an initial case review. Our firm can help you evaluate your eligibility for SSD benefits and guide you through the application process.
The Social Security Administration operates two programs that provide financial assistance and other benefits to Hamburg individuals with medical conditions preventing them from performing substantial gainful employment: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI provides disability benefits to working individuals who become incapacitated and unable to continue working due to a medical condition or combination of conditions. SSDI benefits will depend on an individual’s working history and contributions to the Social Security system.
SSI provides financial assistance to disabled or visually impaired individuals with limited income and assets. SSI recipients may also become eligible for other government benefits, such as SNAP and Medicaid. Recipients receive financial assistance equal to the federal monthly benefit minus countable monthly income they earn or certain financial benefits.
Eligibility requirements for Social Security disability benefits will depend on the program a person applies to. Both programs require applicants to prove they meet the Social Security Administration’s definition of “disabled” or have a visual impairment resulting in blindness. A person has a disability if they have a qualifying medical condition or combination of conditions that has or will last for at least 12 months or will result in death, and the condition(s) prevent an individual from “substantial gainful activity,” which the SSA defines as earning a minimum amount of monthly income (with that minimum income changing annually due to inflation).
For the SSDI program, an applicant must have a sufficient work history and recent work to become eligible for benefits. The SSA tracks work history by work credits; a person earns a work credit by earning a minimum amount of taxable income, up to a maximum of four credits per year. Most people need 40 work credits, with 20 of those credits earned within the 10 years before the onset of disability, to become eligible for SSDI. However, younger workers may need fewer credits.
For the SSI program, the SSA sets income and asset limits; applicants must earn monthly income and own assets below these thresholds to qualify for SSI benefits. The SSA counts various sources of monthly income, including money earned from employment, self-employment, or passive income sources, free food or shelter, Social Security, workers’ comp, VA benefits, unemployment benefits, and money from family and friends. The SSA also counts various assets towards an applicant’s limit of $2,000 ($3,000 for a couple), including cash, stocks, bonds, mutual funds, real estate, vehicles, personal property, life insurance, or any other asset convertible to cash. However, the SSA excludes assets like an applicant’s primary residence and vehicle, personal belongings, household goods, ABLE account funds, burial plots, and prepaid funeral expenses.
An individual may apply for Social Security Disability benefits online, over the phone, or in person. The SSD application process can take six to eight months, or potentially longer, if an applicant pursues an appeal of a denial of their claim. The SSD application will ask for various information, including personal identifying information, medical information (such as medical records, diagnostic test results, medications, and contact information for medical providers), work history, and personal financial information (including monthly income and owned assets). The SSA will use an applicant’s work history and personal financial information to determine their SSDI or SSI program eligibility.
When an applicant meets either program’s work history or income and asset requirements, the SSA will forward the application to the state Disability Determination Services office to determine whether the applicant has a qualifying disability. The DDS office will review an applicant’s medical records and speak with their healthcare providers about the applicant’s ability to do work-related activities. In some cases, the DDS office will ask an applicant to submit to an independent medical examination at no cost to the applicant.
Determining whether an applicant has a disability involves a five-step evaluation process, which considers whether an applicant still performs substantial gainful activity, whether they have a severe medical condition, whether that condition meets or medically equals a condition listed in the Social Security Administration’s “Blue Book,” and whether the applicant can do prior jobs or other work existing in substantial numbers, based on the applicant’s education, training, and experience. When an applicant passes the five-step evaluation process, the SSA will deem them disabled and approve them for disability benefits. An SSI recipient can begin receiving benefits immediately; however, an SSDI recipient must wait until the sixth month following the onset of their disability to receive benefits unless they have a qualifying disability like ALS.
Due to the strict eligibility requirements for Social Security disability benefits, the SSA denies most applications. An attorney serving Hamburg from Fessenden Laumer & DeAngelo, PLLC, can guide you through the application process and give you the best chance of success by:
Our firm strives to create a compassionate, understanding, welcoming environment that will relieve the stress of the application process and give you peace of mind, knowing you have a dedicated advocate in your corner.
If you have been diagnosed with a medical condition or conditions that prevent you from working, you may have the right to Social Security disability benefits to help pay for living expenses. Contact Fessenden Laumer & DeAngelo, PLLC, today for a confidential consultation with our legal team serving Hamburg, New York, to discuss your eligibility and options for obtaining SSD benefits.
When you cannot work due to a severe disability, talk to a Social Security disability lawyer serving Hamburg about your legal options at our Jamestown office at 81 Forest Avenue, Jamestown, NY 14701. To reach our office:
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