Staten Island Social Security Disability Lawyer

The Social Security Disability Insurance program (SSDI) is a federal program that provides benefits to people with disabilities. It is administered by the Social Security Administration (SSA). SSDI pays benefits to you and certain members of your family if you are "insured," meaning that you worked long enough and paid Social Security FICA taxes. Victims who qualify for SSDI suffer injuries from accidents such as a brain injury, back injury, neck injury, paralysis, loss of vision, or deafness. Benefits are also available to those who suffer from debilitating illnesses. Benefits are available to those who were injured in work-relate accidents such as a construction accident, or another type of accident such as a car accident. However, in order to qualify for SSDI, the disability cannot be short-term or partial. The disability must be expected to last at least 12 months. If you are suffering from a debilitating condition and plan to apply for Social Security disability benefits, contact an experienced Staten Island Social Security Disability Lawyer who will explain the application process to you and help you receive the benefits to which you are entitled.

Social Security Disability Insurance (SSDI)

The SSDI program provides benefits to people who have a history of employment or self-employment, have paid FICA taxes, and now cannot work due to a medical condition that is expected to last a year or result in death. The SSA has its own definition of disability that is very strict. Unlike some other disability programs, SSDI benefits are not available if you have a partial disability or a short-term disability. However, SSDI benefits are also available to spouses, former spouses, and children under very specific circumstances. After two years of receiving SSDI, you will automatically qualify for Medicare benefits.

If your application for SSDI is approved, the amount of your monthly benefit will depend on your earnings history. The average range is from $300 to $2,200 per month. However, that amount may be reduced if you are receiving other governmental benefits, such as worker's compensation benefits.

If your disability persists, you may continue to receive Social Security disability benefits until you reach retirement age. However, the SSA will terminate your benefits if it is determined that your condition has improved, if you begin to work, or if the SSA finds another reason that your benefits should be terminated prior to when you reach retirement age.

Appeals

If you are denied benefits, the SSA has an appeals process. The most common reasons that people are turned down are:

  • Financial ineligibility. If you earn too much money, your application will be denied. Your application will not even get to the step where the DDS reviewer decides whether or not you are disabled based on medical evidence.
  • Temporary disability. Your disability must last at least 12 months as the SSDI program does not offer short-term disability benefits.
  • You refuse to cooperate. If the SSA needs additional information from you such as more medical evidence and your fail to provide it, the SSA will deny you claim.
  • Fraud. If you obtain benefits by the use of fraud, the SSA will terminate your benefits and may even seek to have your prosecuted for fraud.
  • Drug or Alcohol Addiction. If the major contributing factor to your disability is drug or alcohol abuse, the SSA will not approve your claim. To make this determination the SSA will seek to determine whether your disability would still exist if you stopped abusing drugs or alcohol.
Workers' compensation and social security benefits

New York's workers' compensation laws state that injured parties are entitled to compensation if they sustain a work-related injury. This means that in cases where the injury or illness is work-related, the victim may be eligible for both workers’ compensation benefits as well as Social Security disability. However, the law does now allow workers to receive the full amount of both types of benefits at the same time. The amount of Social Security benefits will be offset by the amount of worker’s compensation benefits received.

Staten Island Social Security Disability Lawyer

The Social Security disability claims process is complicated. Because of this 70% of applicants are turned down at the initial application stage. One of the most common reasons for denial is the lack of adequate medical evidence to support claims in the application. The chances of you being approved are greatly improved if you are represented by an experienced Staten Island Social Security Disability Lawyer. The staff at Stephen Bilkis and Associates understands each step in the claim review process and what information the reviewer must have in order to be able to approve your claim. We have experience working with both SSDI and SSI applicants with serious conditions such as hip injuries, back injuries and diseases, cancer, sleep disorders, gastrointestinal disorder disability, headaches, hepatitis disability, kidney failure disability, and blood disorders. 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:

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1-800-NY-NY-LAW (1-800-696-9529)