New York Social Security Disability Lawyer
When you are unable to work for a long period of time due to injury or illness, a Social Security disability lawyer can help you obtain any benefits available to you. The Social Security disability (SSD) process is complex, and you may be unsure about whether you qualify. At Hermann Law Group, we can evaluate your case and walk you through the claims process. We will also complete all necessary forms and handle the legal process for you. Call us today at (888) 979-9591 for a free and confidential case evaluation.
We Can Help You Apply for Social Security Disability Benefits and Appeal a Denial
Every year, over 2 million people file for Social Security benefits because they are disabled and are unable to work for 12 months or more. Many more don’t even bother to apply because they do not understand that they can still try to work, or can receive Social Security Disability in addition to other benefits. A New York Social Security disability lawyer at our firm can help you further understand your disability claim, and represent you if necessary.
You’ve worked and paid your taxes; you’ve paid into the system. Applying for disability benefits is simply applying for a benefit for which you have already made payments.
Unfortunately, about 65% of all initial claims are rejected nationwide, but only about 600,000 of those are appealed annually. That means that about a million people a year are so confused by the process or discouraged by their first denial that they give up! New York Social Security disability lawyer Gabe Hermann specializes in Social Security disability law, and can therefore help you with the issues that arise with your disability claim.
Claims We Handle
Herman Law Group can help you with the following types of Social Security disability claims:
- Traumatic Brain Injury (TBI) SSD Claims
- Mental Illness SSD Claims
- Neck and Back Injury SSD Claims
- Cardiac Disease SSD Claims
- Chronic Fatigue Syndrome (CFS) SSD Claims
- Chronic Obstructive Pulmonary Disease (COPD) SSD Claims
- Bipolar Disorder SSD Claims
- Fibromyalgia SSD Claims
- Lyme Disease SSD Claims
- Metastatic Cancer SSD Claims
- Neuromuscular Disease SSD Claims
- Stroke SSD Claims
If you have another condition that resulted in your inability to work for an extended period of time, contact us today. We have helped clients obtain SSD benefits with an array of different injuries and illnesses. The Hermann Law Group Disability Information Kit offers information about SSD benefits as well as the applications process.
How to Qualify for Social Security Disability
In order to qualify for Social Security Disability, you must meet the requirements of the Social Security Administration (SSA), which include:
- You have worked in jobs covered by Social Security. You must have worked for long enough and recently enough to accumulate enough credits to qualify for SSD benefits. You earn credits according to both the amount of wages you earned and the length of time you worked. A Social Security disability lawyer can evaluate your past work history and then determine if you qualify.
- You have a medical condition that meets the SSA’s definition of disability. An illness or injury meets the definition of disability if you cannot do work that you did before, you cannot adjust to other work because of your medical conditions, and your disability is expected to last at least one year or result in death.
The requirements to qualify for SSD can be complex. When proving that you meet work and medical condition requirements, you must provide extensive documentation. A Social Security disability lawyer can help you gather necessary information and present it in a way that proves you meet these criteria.
How to Apply for Social Security Disability
In order to apply for Social Security disability benefits, you must submit specific SSD forms and documentation to prove that you meet the criteria to receive disability. You may submit information and forms online, via telephone at 1-800-772-1213 or TTY 1-800-325-0778, or by visiting your local Social Security office. A Social Security disability lawyer can also help you apply by completing forms for you.
When you apply, you should have the following information about yourself:
- Your Social Security number;
- Proof of age;
- Names and contact information of doctors, medical care facilities, and caseworkers;
- Laboratory and test results;
- Summary of places you have worked and what kind of work you did; and
- Most recent W2 forms and tax returns.
You should also have the following information about your family:
- Social Security numbers and ages for family members who may qualify for SSD benefits, such as children and other dependents;
- Proof of marriage;
- Proof of divorce dates; and
- Work information for your spouse or former spouse.
The claims process can be complex and may take several months to complete. However, you can shorten the time period by having the specific information requested by the SSA and documents ready when you apply.
The SSD Evaluation Process
Once you submit a Social Security disability application, you will proceed to the SSD evaluation process. This involves a five-step determination process that will evaluate your work history, medical evidence, and ability to work.
- Step 1 – If you are still working, the SSA will determine if you are working over the substantial gainful activity (SGA) limit. If you are earning too much, or have SGA, you will not qualify for SSD benefits.
- Step 2 – If you are not still working or do not have SGA, then the SSA will evaluate whether you have a medically determinable impairment. Your condition must be physical or mental and documented by medically acceptable evidence.
- Step 3 – If you have a medically determinable impairment, the SSA will assess whether it meets or equals the criteria of a Social Security medical impairment listing, which indicates level of impairment.
- Step 4 – The SSA will determine if you can do any past relevant work that you have done in the past. This may require determining your residual functional capacity (RFC).
- Step 5 – The SSA will determine if you can complete any other kind of work according to your RFC, age, and work history. Often, this requires a Social Security disability lawyer to prove that you can’t even do a sedentary job.
What to Do If Your Claim Is Denied
On average, more than 60 percent of Social Security disability claims are initially denied. Less than 40 percent are approved upon initial application. Many of those denials occur because of a lack of medical documentation or specific forms that should have been completed upon application. When you work with a Social Security disability lawyer at Hermann Law Group, we will make sure all the necessary forms are included in your initial application. If your claim is denied, we will help you with the appeals process.
The Social Security disability appeals process is even more complex than the initial application. You must meet specific deadlines for filing appeals after you receive a denial, and you must also write requests with careful wording regarding your injuries or illness.
The Appeals Process
Steps in the appeals process include the following:
- Reconsideration – If your initial SSD application is denied, you have 60 days to submit a Request for Reconsideration. Upon reconsideration, someone from SSA who did not take part in your original decision will review all documentation originally submitted as well as new evidence.
- Hearing by an Administrative Law Judge (ALJ) – If your reconsideration is denied, you have 60 days to appeal the decision to an ALJ. An ALJ is not an actual court judge, but works for the SSA. At the hearing, you will have an opportunity to speak with the ALJ and present additional evidence. Your Social Security disability lawyer is integral at this step of the process because they can guide you through an ALJ hearing.
- Review by the Appeals Council – If the ALJ denies your appeal, you may ask for a review by the Social Security Appeals Council. At each denial, you will be given additional information about why your claim was denied. Your Social Security disability lawyer can use this information to better complete evidence at the next step of the appeals process.
- Federal Court Review – If the Appeals Council denies your appeal, you may appeal the decision to a federal district court. This involves filing a federal lawsuit against the SSA to claim that they made a mistake when deciding your claim. At the federal review level, you will have to submit a substantial brief summarizing why you should be granted SSD benefits.
If you are concerned with your disability claim or have questions about losing your benefits, a skilled Social Security disability lawyer can help you understand your specific situation, as well as the legal options available to you.
How a New York Social Security Disability Lawyer Can Help You
At Hermann Law Group, we have over 50 years of experience in successfully representing Social Security disability claimants. Year after year, we are successful in well over 90% of the claims we handle, and we can offer you the expertise and support that you need during this stressful, difficult time.
Whether you are eligible for Social Security disability benefits or Supplemental Security Income (SSI), at Hermann Law Group we will pursue your claims vigorously and efficiently, maximizing and maintaining the benefits to which you are entitled. A New York Social Security disability lawyer is an expert in the field, and is ready to represent you on your next claim. Call us for a free case review: 877-773-3030.
- The Hermann Law Group Disability Information Kit
- The Claims Process
- Frequently Asked Questions
- Proving You Can’t Do a Sedentary Job
- Losing Your Benefits
- Social Security Disability Success Stories
- Social Security Disability Benefits for Persons with Multiple Sclerosis
- Traumatic Brain Injury, Social Security Disability Claims
- Social Security Disability Benefits For People With Mental Illnesses
- Neck and Back Injury, Social Security Disability Claims
- Cardiac Disease Social Security Disability Claims
- Chronic Fatigue Syndrome (CFS) Social Security Disability Cases
- Chronic Obstructive Pulmonary Disease (COPD) Social Security Disability Cases
- Six Important Tips for Winning Your Social Security Disability Claim
- Bipolar Disorder Social Security Disability Cases
- Fibromyalgia Social Security Disability Cases
- Lyme Disease Social Security Disability Claims
- Metastatic Cancer Social Security Disability Claims
- Neuromuscular Disease Social Security Disability Claims
- Stroke Social Security Disability Cases
- Mental Illness Social Security Disability Cases