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Westchester County Social Security Disability

If you have been hurt or become ill and are unable to work, you are likely worried about how you will make ends meet. Being disabled either temporarily or permanently can be upsetting and isolating. An option for you may be to file for Social Security disability assistance. The Social Security Administration has been serving Americans for over 70 years, providing various services including disability benefits. While this is a great program for those who need it, it can often be very difficult to have your application approved. In fact, up to 60% of all applications are initially rejected. Injuries that may qualify you for Social Security benefits include severe injuries such as you might suffer in a car accident, truck accident, bike accident, SUV rollover accident, or construction accident. Such injuries include traumatic brain injuries, back injuries, bone fractures, head injuries and neck injuries. If you are suffering from an injury or an illness that is so debilitating that you can no longer work, contact an experienced Westchester County Social Security disability lawyer who will review the details of your case and who will make sure that you receive the Social Security benefits and another other type of compensation to which you are legally entitled.

Filing requirements

In order to file for disability, there are various eligibility requirements that must be met:

  • You must have paid into the Social Security system over the years of your employment. Also, you must have been employed for a minimum of 5 out of the last 10 years.
  • You must be insured at the time the disability occurs;
  • It must be shown that you will be disabled for a period of 12 months or more. For example, if you if you were injured in an accident that left you paralyzed so that you can no longer move your legs or arms, you have a good argument for begin permanently disabled.
  • You must be under the age of 65 to file for benefits. After age 65, the payments are considered retirement benefits;
  • You must be disabled to the degree that you are unable to work not only at your current job, but any other job. In determining this, Social Security will look at your age, your job skill, and what is available in the current job market.
Starting the process

Prior to filing an application, it is highly recommended that you speak with an experienced attorney. Any errors in the filing process could delay your benefits, or could cause your application to be denied altogether.

Once your application is filed, it will be reviewed for approval. Many applications are initially denied. If this occurs, it is very important to note that you have 60 days to appeal the decision.

If you decide to appeal, you will appear at a hearing before an administrative law judge. Prior to this hearing, it will be important to have all of your documents in order, such as work and medical records. At the hearing, these records will be admitted into evidence. You will also have the opportunity to speak to the judge and explain your case.

Once the hearing has concluded, you will not receive a decision right away. A written decision will be sent to you within 6 weeks. If you don't receive a favorable decision, you will have the opportunity to appeal it within 60 days.

Approval

Unfortunately, even if you receive an approval, you may experience a delay in receiving benefits. If you have not received benefits within 45 days of being approved, we recommend the following:

  • Discuss your case with a local supervisor at the Social Security office.
  • Fax your paperwork directly to the Social Security payment office.
  • Speak with your congressional office. Every senator and representative has a staff member that addresses these issues.
The Law Offices of Stephen Bilkis & Associates can help

If you are injured in an accident or suffer from a debilitating illness, you may be eligible to receive Social Security Disability benefits. Because applying for such benefits can be complicated, it is important that you are represented by someone with experience. The staff at the Law Offices of Stephen Bilkis &Associates understands the type of evidence and medical records that the SSA requires to prove the existence of a disability. We have successfully represented clients filing claims for Social Security disability benefits based on a wide range of conditions and injuries such as those that result from workplace accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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