What is the Value of My Social Security Disability Case?
If you have been seriously injured, or have an illness, you may be thinking of filing for Social Security Disability benefits. Social Security Disability applicants however, are often very frustrated when they decide to file a disability claim. While most people are aware that the claims process may take a bit of paper work and perhaps take a few months, they are disappointed to find that this is not the case. A majority of applicants are denied on their first try. In fact, statistics report that up to 61% of New York applicants are rejected on their first application. This denial requires an appeal, which can take up to 2 years.
If you are planning to file for disability, it is very advantageous to have a lawyer assist you. Navigating the Social Security Disability system can be very complicated. Our legal team well versed in successfully handling Social Security Disability claims. We understand that you are contending with your disability and may be dealing with medical bills and added expenses. Stephen Bilkis and Associates are focused on getting you the compensation you deserve. We have a long-standing reputation of success. The last 200 cases they have tried have resulted in awards of over one million dollars ($1,000,000) respectively. Call us for a free consultation.
The Social Security Administration provides disability benefits to people with incapacitating conditions who can no longer work. In order to receive benefits, you must be disabled and have worked long enough to have the work credits necessary to make a claim (20 C.F.R. 404.315).What is the Value of My Case?
This depends on a number of things, including how long you have been disabled, when you will be able to return to work (if ever), the amount of your monthly benefit.
The Social Security Administration uses a complicated formula to determine how much money you will receive. The monthly amount you will receive is not based on your actual illness or injury, but rather it is determined by your average lifetime earnings before you were disabled.
The Social Security Administration looks at your covered earnings. This is the income that you have already paid into the system via Social Security taxes. Once this amount is determined, they will look at your covered earnings over your working career to determine your average indexed monthly earnings (AIME). This amount is then applied to your primary insurance amount.
The amount that people receive varies from $700 per month to $1,700 per month. In 2016, the average amount received was $1,166.What Qualifies as a Disability?
For disability purposes, a person is considered disabled if they have either a physical impairment that prevents them from performing "substantial gainful activity." You must have had the disability for the past 12 months, or expect to have it for a 12-month period.
Substantial gainful activity means that you are able to work, and earn a minimum of $1,170 (in 2017) per month. You cannot be working and earning more than this and apply for disability.
In addition to having a long-term disability, in order to qualify you must have enough "work credits." The amount of time that you will need to work in order to receive a credit fluctuates every year. In 2013, for example, you would be required to make $1,160 in earnings to receive one work credit. The amount of work credits you will need depends on how much you have worked prior to filing for disability. A good rule of thumb is that if you have worked at least 5 of the last 10 years, you probably have enough work credits to make a claim.
You can greatly increase your chances of winning your case if you have legal representation. The system is very complicated, and many people end up putting off their claim or simply giving up. Having a lawyer working on your behalf can make all the difference. Speak to the legal team at Stephen Bilkis and Associates for guidance and a free consultation. They have offices throughout New York, including Manhattan, the Bronx, Brooklyn, Queens, Staten Island, Nassau County, Suffolk County and Westchester County. Call them today at 800.696.9529.