Are you in agonizing pain from a medical condition, or is your condition severe enough to interfere with your ability to work? Because of the complex nature of Social Security disability applications, it’s important to seek the help of an experienced Red Hook NY Social Security disability lawyer. Below, we discuss the steps and requirements involved in disability claims. If you have specific questions concerning your disability, contact our seasoned legal team at Hermann Law Group, PLLC today.
Difference Between Social Security Disability and SSI
People suffering from crippling medical conditions can apply for benefits under Social Security Disability (SSD) or Supplemental Security Income (SSI). While these two programs offer benefits, they differ in the type of benefits offered and the requirements for receiving those benefits. Depending on your history of work and level of income, you may be eligible for SSD or SSI, or even a combination of both. See a breakdown of both benefits programs below.
SSD Eligibility and Benefits
To receive your SSD benefits you need to meet this criteria:
- You’ve worked five out of the last ten years
- A doctor diagnosed your medical condition
- Your condition prevents the ability to work for a full year
If you fit the above criteria and the Social Security Administration accepts your application, then you will receive your benefits. Furthermore, meeting the criteria for SSD for two or more years allows you to apply for Medicare.
Please note that the most common reason claims are denied is meager work history. This unfortunately means that young adults, family caregivers, and people with life-long disabilities are most at risk of getting their disability claim denied.
SSI Eligibility and Benefits
Denied SSD? Fortunately, you can still more than likely apply for SSI benefits. In fact, most often, benefits under SSI are easier to obtain and are typically based upon the following conditions:
- Your amount of countable income, as well as any other financial resources
- How critical your condition is to your overall health
- Is your condition severe enough to prevent your from working
While SSI benefits are easier to obtain, the amount awarded is typically less than the amount SSD would award. In addition, under SSI, you can only qualify for Medicaid (and not Medicare).
Before you begin the application process for SSD or SSI, make sure you gather all your medical records and earning sheets. Review your documents and determine which benefits program you should apply for. If you need help in making that determination, consult a Red Hook NY Social Security disability lawyer.
Completing the Application Process
To begin the process of applying for SSD or SSI benefits, you can apply either online or in-person at a local Social Security branch. After you decide which is best for you, gather and sort every piece of evidence you have that supports your disability claim. Organizing these documents can help speed up the overall process. Here are some specific pieces of information the SSA will ask for:
- A list of all your medical conditions and when they turned disabling
- Contact information for any of your doctors or practitioners
- Information concerning your level of work training and/or any vocational skills
- Your current state of ability (physical and mental)
- Your financial and living situation
After completing the entire application, Social Security will thoroughly review your medical records. If further examination is required, then the SSA will request a check-up from one of their consulting doctors. During your check-up, the SSA doctor will assess your physical and mental capabilities. After the exam, the doctor will return his or her findings to the Administration. Then, Social Security must decide to approve or deny your application.
Further ensure the success of your application by working with a Red Hook NY Social Security disability lawyer. Yet, keep in mind that that isn’t a guarantee. Unfortunately, even with the help of an experienced attorney, the SSA can still deny your claim.
When this happens, what is the next step?
How to Appeal a Denied Disability Claim
Don’t give up. Even if your claim is denied, you still have some options. Typically, the Administration denies on average about 65 percent of submitted Social Security disability applications. This is when your experienced Red Hook NY Social Security disability lawyer comes in handy. Your attorney can help you appeal your denied claim.
With the help of your Red Hook NY Social Security disability lawyer, you can review your denied application and spot any areas that need fixing. Your lawyer will know exactly what to look out for.
Speak to a Red Hook NY Social Security Disability Lawyer
Your disability shouldn’t have to affect your financial future. Contact a Red Hook NY Social Security disability lawyer at Hermann Law Group, PLLC today to learn more about how we can help.