Many people contact a Tarrytown Social Security Disability lawyer because they are overwhelmed by their medical conditions, their inability to work, and the complex Social Security system. However, many disabled New Yorkers successfully file for Disability benefits. We are here to help you understand and navigate the claim and appeals processes.
Do I Qualify for Social Security Disability?
To be eligible for Social Security Disability benefits, you must meet strict work-related and medical criteria. Before Social Security even considers the facts of your claim, you typically must have worked for at least five of the past ten years. (Social Security will review your tax and payroll records to confirm your eligibility).
If you meet Social Security Disability’s work-related criteria, the Administration will review the severity of your medical conditions, your education, work experience, and other eligibility factors. Social Security will award Disability benefits if it believes that:
- You have serious medical impairments,
- These impairments prevent you from performing substantial work, and
- Your disability will last for at least 12 months.
While this sounds simple, it involves an extensive medical, vocational, and legal analysis.
What Is SSI?
People with limited work histories (such as stay-at-home parents, family caregivers, and young people) typically do not qualify for Social Security Disability. However, you might still qualify for Supplemental Security Income (SSI). You might be eligible for SSI if:
- Your household income and financial resources are low,
- You have serious medical conditions, and
- Cannot work because of your medical conditions.
In 2017, your “countable income” cannot exceed $735 ($1,103 for a couple). However, not all income is “countable.” A Tarrytown Social Security Disability lawyer can help you properly calculate your income and assess your eligibility for SSI.
While SSI benefits are typically lower than Social Security Disability awards, they provide important financial assistance for disabled Americans. And, a claimant sometimes has “concurrent claims” for both Social Security Disability and SSI. In these situations, you may receive both a Social Security Disability and SSI award.
Applying for Social Security Disability Benefits
Many Social Security claimants apply for Disability and SSI benefits on their own. When you apply for Social Security Disability or SSI, the Administration will need extensive information about:
- Your medical conditions and treatment,
- Your physical and mental capabilities,
- Your education and work experience, and
- Your household income and financial resources.
Depending on the nature of your claim, Social Security might also schedule you for physical or psychological evaluations with a doctor of their choosing.
Unfortunately, many eligible people are denied at the application level for a variety of reasons. Frequently, Social Security fails to order all of your medical records or misinterprets information in your file. Other times, a claimant’s simple mistake (such as forgetting to complete a form or listing an incorrect onset date) leads to a denial of benefits. Before you apply for benefits, seriously consider hiring a Tarrytown Social Security Disability lawyer. We will work with you to ensure that your claim is fully developed and properly presented to Social Security.
Appealing a Social Security Disability Claim
Social Security denies approximately 65 percent of applications for benefits nationwide. If you were denied, do not give up hope. Quickly contact an experienced Tarrytown Social Security Disability lawyer. Your lawyer will help you file a Request for Hearing and prepare your claim.
Unlike some states, New York residents do not have to file a preliminary Social Security appeal (called a reconsideration). Instead, you can immediately request a hearing before an administrative law judge (ALJ). This saves Tarrytown residents valuable time and effort. (And, historically, Social Security denied most reconsiderations.)
While there are still significant wait times for a New York Social Security Disability hearing, you and your lawyer will use this time to fully prepare your claim. If you are fighting a terminal illness, are a wounded warrior, or are facing eviction, advise your Tarrytown Social Security Disability lawyer immediately– you may qualify for an expedited hearing or an on-the-record decision.
Do I Need a Social Security Lawyer?
Statistically, Social Security claimants are more successful when they are represented by a lawyer. An experienced lawyer will help you by:
- Reviewing your complete file and analyzing your claim,
- Strengthening your claim by adding missing medical records and opinions,
- Ensuring that your forms and documents are properly and accurately completed,
- Guiding you through the application and appeals processes,
- Filing forms and evidence electronically (speeding up the claim process), and
- Presenting legal and factual arguments in support of your disability claim.
However, not all “Social Security representatives” are lawyers– even though these representatives charge similar fees.
In fact, clients of many national Social Security firms rarely, if ever, see a lawyer. Do not hesitate to ask your representative about his or her training and qualifications. When you work with the Hermann Law Group, you will work closely with an experienced Social Security lawyer– not a representative with limited training.
Consult with a Tarrytown Social Security Disability Lawyer
If you need an experienced and aggressive Tarrytown Social Security Disability lawyer, contact the Hermann Law Group at 914-286-3030. With over 50 years of combined experience, we provide our clients with personalized attention, tenacious representation, and comprehensive legal services– from application, to appeal, to post-award advice. Contact us for a free case evaluation today.