Manhattan Social Security Disability Lawyer
The Social Security Administration (SSA) offers disability benefits to people who suffer from incapacitating conditions such as stomach, intestine and liver disorders, cardiac/vascular disorders, or orthopedic injuries and as a result can no longer work. The Social Security Disability Insurance program (SSDI) is available to people who have a serious disability, but who also have worked long enough to earn enough work credits to qualify for benefits. 20 C.F.R. § 404.315. Benefits are only available if your disability is expected to be long-term. SSDI benefits are not available if you have a short-term or partial disability. If you are suffering from a severe illness or injury that affects your ability to work, contact an experienced Manhattan Social Security Disability Lawyer who will offer you support and guidance through the claims process so that you receive the benefits that you sorely need.Social Security Disability Insurance
In addition to having a disability as defined by the federal government, to be eligible for SSDI you must have worked enough prior to being disabled that you have earned enough "work credits." When you work you are required by law to pay into the Social Security trust fund through FICA (Federal Insurance Contributions Act) taxes that are deducted from your paycheck. The amount you must earn in order to earn a work credit changes each year. For example, in 2013 you had to earn $1,160 in wages to earn a work credit, while in 2014 you must earn $1,200. You can earn up to 4 work credits per year. So for 2014, once you have earned $4,800, you would have earned 4 credits. The number of work credits that you will need to be eligible for Social Security disability benefits depends on your age and the year you became disabled. For example, an applicant who is 55 when he or she becomes disabled will need more work credits to qualify for SSDI than an applicant who is 23. Generally speaking, if you have worked for 5 of the last 10 years, you will have earned enough work credits to qualify for SSDI.
If you meet all of the requirements for SSDI, benefits will commence after you have been disabled for 5 months. The amount of your monthly payments is based on your earnings history, but ranges from about $800 to $1,400 per month. If you are receiving other governmental benefits such as workers' compensation or another government disability benefit, the amount of SSDI that you receive may be reduced by that amount.
If you are approved for SSDI benefits some of your family members may also be eligible to receive a monthly benefit based on your work record.Disability Requirement
In order to qualify for SSDI benefits you must be disabled as defined by the SSA. The SSA has a very specific way of defining when someone is disabled. According to federal law a disability is defined as the "inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." The test for whether or not you are disabled is likely different from other definitions of what is means to be disabled. Not only must you be unable to perform the work you previously performed, but you also must be unable to perform other work. Furthermore, for purposes of Social Security disability, there is no such thing as short-term disability, temporary disability, or partial disability. Benefits are only available for those with long-term disabilities. Thus, your disability must be expected to last for at least one year or result in your death within a year.
If you are a victim of a car accident, truck accident, construction site accident, workplace accident, slip and fall accident, or other type of accident that left you with orthopedic injuries you may be eligible to receive SSDI. In addition, the SSA provides disability benefits to sufferers of illnesses that result from workplace conditions such as respiratory disorders.Manhattan Social Security Disability Lawyer
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 Stephen Bilkis and 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 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those injured in accidents in the following locations: