Queens Social Security Disability

Having a serious illness or suffering a debilitating injury will undoubtedly cause you to become concern about not only your health, but your finances. Fortunately, if you have an illness or were injured in accident and can no longer work, you may be eligible for Social Security disability benefits. The Social Security Administration (SSA) provides benefits to people suffering from debilitating conditions such as cancer, asthma, diabetes, liver disease, and mental health disorders. It also provides benefits to those who suffer from serious injuries that were the result of accidents. In fact, a substantial amount of applicants for Social Security Disability Insurance (SSDI) benefits apply because they are suffering from chronic or intermittent back pain or a back injury. Other recipients of SSDI benefits suffer from a spinal injury or paralysis, traumatic brain injury, neck injury, or blindness. However, receiving Social Security disability benefits is not as easy as filling out an application. The process can be complicated and long. The vast majority of applications for Social Security disability benefits are initially denied, leaving families in financial distress. The best way to ensure that your Social Security disability application is processed and approved as quickly as possible is to contact an experienced Queens Social Security Disability Lawyer who understands the complexities of the application process.

In addition to being disabled, in order to qualify for SSDI benefits you must be under 65-years old and must have earned the required "work credits" from working and paying FICA taxes. If you do qualify for SSDI benefits, certain members of your family can get family benefits based on your work record, including your spouse who is age 62 or older, your spouse or former spouse of any age who is caring for your children who are under age 16 or disabled, your unmarried children who are under age 18, your unmarried children who are under the age of 19 and in elementary or secondary school full time, or your unmarried children who are age 18 or older with a disability that started before the age of 22.

The SSA has a very strict definition of disability that differs from the common definition. It may also differ from the definition of disability used by other disability benefit programs. There are several factors that it will take into consideration when determining whether or not you are disabled.

Financial Test. First you must meet the financial test, meaning that you must earn less than the SSA's earnings limit. For 2014 the earnings limit is $1070 per month. This amount is adjusted each year. While most people who have a severe disability do not work at all, some are able to work, and the SSA permits claimants to work a little. Why the SSA generally looks at your earnings to determine whether or not the work you perform is too much, it will also look at the type of work you do. For example, if you perform strenuous volunteer work, the SSA may be reluctant to conclude that you disabled.

Duration of Disability Test. Social Security disability programs do not provide short term disability benefits. In order to qualify your disability must be expected to last for at least 12 months. If you have a serious, debilitating condition that will improve in less than 12 months, the SSA expects that you have access to other financial resources to help you in the short term. If you are approved for benefits and your condition improves to the extent that the SSA no longer considers you to be disabled, the SSA will stop your benefits.

Prior Job Test. The SSA will evaluate the types of work you can and cannot do based on your physical or mental impairments and determine if you are still able to do your prior job. To make this evaluation the SSA will create a residual functional capacity assessment (RFC) for you. If you have a physical impairment, the RFC will assess what physical activities you are able to do despite your condition. For example, it will evaluate to what extent you can walk, lift, squat, bend, stand, reach, sit, kneel, and climb stairs. If your prior job required you to spend most of your day walking and climbing stairs and you have a hip injury, then the SSA may conclude that you cannot perform you prior job. Similarly, if you have a mental health disorder, the RFC will evaluate things such as your ability to concentrate, remember, get along with others, following instructions, and understand.

Other Job Test. If the SSA determines that you cannot do your prior job, it will make a similar assessment to evaluate if you are able to perform any other job. The SSA will take into consideration not only your RFC, but also your work history, your age, and your education. Should it conclude that you cannot, you will qualify for benefits.

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 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those injured in accidents in the following locations: