Navigating the complexities of the Social Security Disability (SSD) application process can be daunting and overwhelming. At Katz, Leidman, Freund & Herman, we understand the challenges faced by individuals seeking SSD benefits in New York City. Our experienced team of attorneys is dedicated to guiding you through every step of the process, from initial application to appeals, ensuring that your case is presented in the best possible light. Whether you’re struggling with denied claims, need help gathering medical evidence, or require representation at a hearing, our NYC lawyers are here to provide the expertise and support you need to secure the benefits you deserve.
What is Social Security Disability?
Social Security Disability (SSD) is a federal program designed to provide financial assistance to individuals who are unable to work due to a severe, long-term disability. Managed by the Social Security Administration (SSA), SSD benefits are intended to help cover living expenses and medical costs for those who qualify. Understanding the basics of Social Security Disability can help you determine your eligibility and navigate the application process.
Types of Social Security Disability Benefits
There are two primary types of SSD benefits:
- Social Security Disability Insurance (SSDI):
- Eligibility: SSDI is available to individuals who have worked and paid Social Security taxes for a certain number of years. The amount of work required is calculated in work credits, with most individuals needing 40 credits, 20 of which were earned in the last 10 years before becoming disabled.
- Benefits: The amount of SSDI benefits you receive is based on your average lifetime earnings before your disability began.
- Supplemental Security Income (SSI):
- Eligibility: SSI is need-based and does not require work credits. It is designed for individuals with limited income and resources who are disabled, blind, or aged 65 or older.
- Benefits: The benefits are standardized and may be supplemented by additional state benefits, depending on where you live.
Many initial SSD applications are denied due to incomplete information, lack of sufficient medical evidence, or failure to meet the SSA’s strict criteria. However, a denial is not the end of the road. You have the right to appeal and present additional evidence to support your claim.
At Katz, Leidman, Freund & Herman, we understand the intricacies of the Social Security Disability system and the challenges applicants face. Our experienced attorneys are dedicated to helping you gather the necessary documentation, navigate the application process, and represent you during appeals to ensure you have the best chance of securing the benefits you deserve.
Who is Eligible for SSDI?
Social Security Disability Insurance (SSDI) is designed to provide financial assistance to individuals who are unable to work due to a long-term disability. However, not everyone qualifies for SSDI. Understanding the eligibility criteria is essential to determine if you or a loved one can receive these benefits. Here’s a detailed look at who is eligible for SSDI:
Work History and Social Security Taxes
One of the primary eligibility requirements for SSDI is having a sufficient work history:
- Work Credits: SSDI eligibility is based on work credits, which are earned by paying Social Security taxes through employment. For 2024, you earn one work credit for every $1,730 of earnings, up to a maximum of four credits per year.
- Required Credits: Most applicants need 40 work credits to qualify, with 20 of those credits earned in the last 10 years leading up to the disability. Younger workers may qualify with fewer credits.
Medical Condition
Your medical condition must meet the SSA’s strict definition of disability:
- Severe Impairment: The condition must be severe enough to significantly limit your ability to perform basic work-related activities.
- Duration: The disability must have lasted or be expected to last for at least 12 months or result in death.
- Substantial Gainful Activity (SGA): You must be unable to engage in any substantial gainful activity, meaning you cannot earn more than a certain amount each month due to your condition. For 2024, the SGA limit is $1,550 per month for non-blind individuals and $2,590 per month for blind individuals.
Disability Evaluation Process
The SSA uses a five-step process to determine if you are disabled:
- Current Work Activity: If you are working and your earnings exceed the SGA limit, you will not be considered disabled.
- Severity of Condition: Your condition must significantly limit your ability to perform basic work activities for at least 12 months.
- Listed Conditions: The SSA maintains a list of medical conditions that are considered severe enough to prevent substantial gainful activity. If your condition is on this list, you may be considered disabled. If not, the SSA will determine if your condition is equivalent in severity to a listed condition.
- Past Work: The SSA evaluates whether your condition prevents you from performing any of your past relevant work.
- Other Work: If you cannot perform your past work, the SSA considers your age, education, work experience, and transferable skills to determine if you can adjust to other work. If you cannot, you may be considered disabled.
Special Situations
There are special rules for certain groups of people:
- Blind Individuals: Special rules apply to individuals who are statutorily blind, potentially making it easier to qualify for SSDI.
- Widows and Widowers: If you are a widow or widower aged 50 or older with a disability that began before or within seven years of your spouse’s death, you may be eligible for benefits based on your deceased spouse’s work record.
- Disabled Adult Children: Adult children who were disabled before age 22 may be eligible for benefits based on a parent’s work record if the parent is deceased, disabled, or receiving Social Security retirement benefits.
At Katz, Leidman, Freund & Herman, our experienced attorneys can help you understand the eligibility requirements for SSDI and guide you through the application process.
How Do To Apply for Social Security Disability
Applying for Social Security Disability (SSD) benefits can be a complex and time-consuming process. Ensuring that you follow the correct steps and provide all necessary documentation is crucial to a successful application. Here is a comprehensive guide on how to apply for Social Security Disability benefits:
- Determine Your Eligibility: Before applying, make sure you meet the eligibility requirements:
- For SSDI, you need a sufficient number of work credits based on your age and work history. Typically, you need 40 credits, 20 of which were earned in the last 10 years. For SSI, the focus is on limited income and resources rather than work credits.
- Your disability must be severe, long-term (lasting or expected to last at least 12 months or result in death), and prevent you from performing substantial gainful activity.
- Gather Necessary Documentation: Collect all the required information and documents to support your application:
- Social Security number, birth certificate, and proof of U.S. citizenship or lawful alien status if not born in the U.S.
- Detailed medical records, including doctor’s reports, treatment history, and results of medical tests.
- Employment details, including job titles, descriptions, dates of employment, and W-2 forms or self-employment tax returns.
- Information about any other benefits you receive, such as workers’ compensation or other disability benefits.
- Complete the Application: You can apply for SSD benefits in several ways:
- The easiest and most convenient method is to apply online through the Social Security Administration (SSA) website. The online application is available 24/7 and allows you to save your progress and return to it later.
- You can call the SSA at 1-800-772-1213 (TTY 1-800-325-0778) to apply by phone.
- You can visit your local Social Security office to apply in person. It’s recommended to schedule an appointment to avoid long wait times.
- Fill Out the Application Forms: When completing the application, be thorough and precise:
- Application for Disability Benefits: This form collects basic information about you, your work history, and your medical condition.
- Disability Report: This detailed form asks for information about your medical condition, treatments, healthcare providers, and how the condition affects your ability to work.
- Authorization to Disclose Information: This form allows the SSA to request your medical records from your healthcare providers.
- Submit the Application: After completing the forms and gathering all necessary documentation, submit your application through your chosen method (online, by phone, or in person).
- Follow Up: After submitting your application, you will receive a confirmation notice from the SSA indicating that your application has been received. You can check the status of your application online or by contacting the SSA. The SSA may also request additional information or documentation, so be prepared to respond promptly.
- Appeal if Necessary: If your initial application is denied, don’t be discouraged. Many first-time applications are denied, but you have the right to appeal the decision. The first level of appeal involves a complete review of your case by someone who was not involved in the initial decision. If reconsideration is denied, you can request a hearing before an administrative law judge. If the hearing decision is unfavorable, you can request a review by the SSA’s Appeals Council. As a last resort, you can file a lawsuit in federal court if the Appeals Council denies your claim or refuses to review your case.
How We Can Help
At Katz, Leidman, Freund & Herman, we understand the challenges of applying for Social Security Disability benefits. Our experienced attorneys can guide you through every step of the process, ensuring that your application is complete and accurate. We can help you gather the necessary documentation, represent you during appeals, and work tirelessly to secure the benefits you deserve.
How Our NYC Lawyers For Social Security Disability Can Help You
At Katz, Leidman, Freund & Herman, we understand how overwhelming and frustrating the process of applying for Social Security Disability (SSD) benefits can be. Our experienced team of NYC lawyers is dedicated to providing you with the support and expertise needed to navigate this complex system. Here’s how we can assist you:
Expert Guidance
Navigating the SSD application process requires a thorough understanding of the Social Security Administration’s (SSA) requirements and procedures. Our attorneys have extensive experience in:
- Eligibility Assessment: We evaluate your work history, medical condition, and other relevant factors to determine your eligibility for SSD benefits.
- Documentation: We help you gather and organize all necessary medical records, employment information, and other documentation required for a strong application.
Comprehensive Application Assistance
A complete and accurate application is crucial for a successful outcome. We provide:
- Form Preparation: We assist you in filling out the application forms, ensuring that all information is correct and complete.
- Medical Evidence Compilation: We work with your healthcare providers to obtain detailed medical records and evidence that support your disability claim.
Representation During Appeals
If your initial application is denied, we can help you navigate the appeals process:
- We assist with filing a request for reconsideration and provide additional evidence to support your claim.
- Our attorneys represent you at administrative hearings, presenting your case effectively to an administrative law judge.
- If necessary, we can take your case to the Appeals Council and, if needed, to federal court to fight for your rights.
Advocacy and Support
We are committed to advocating for your rights and ensuring you receive the benefits you deserve. We provide personalized attention to your case, understanding your unique circumstances and tailoring our approach to meet your needs. We keep you informed throughout the process, answering your questions and addressing your concerns promptly.
Peace of Mind
Dealing with a disability can be challenging enough without the added stress of navigating the SSD application process. Our goal is to reduce your stress by handling the complexities of your case and allowing you to focus on your health and well-being. Our years of experience increase your chances of securing the benefits you deserve.
Why Choose Katz, Leidman, Freund & Herman?
Choosing the right legal representation can make all the difference in your SSD claim:
- Experience: Our attorneys have years of experience handling Social Security Disability cases with a proven track record of success.
- Compassion: We understand the impact a disability can have on your life and are committed to providing compassionate, understanding support.
- Results-Oriented: We are dedicated to achieving the best possible outcome for your case, using our knowledge and skills to advocate on your behalf.
Contact us today to schedule a consultation and learn more about how Katz, Leidman, Freund & Herman can help you secure the Social Security Disability benefits you deserve.
How Much Does a Disability Lawyer Cost?
One of the most common concerns for individuals seeking legal assistance with their Social Security Disability (SSD) claims is the cost of hiring a lawyer. At Katz, Leidman, Freund & Herman, we understand that financial worries can be significant, especially when dealing with a disability that impacts your ability to work. That’s why our firm operates on a contingency fee basis for Social Security Disability cases.
Understanding Contingency Fees
A contingency fee arrangement means that you do not have to pay any upfront fees for our legal services. Instead, our payment is contingent upon winning your case and securing your SSD benefits. This means you do not need to pay any fees when you hire us to represent you. We only get paid if we successfully obtain SSD benefits for you.
Transparent and Fair Billing
We believe in transparency and fairness when it comes to billing our clients. When you hire us, we will provide a clear and detailed agreement outlining the contingency fee arrangement, so you know exactly what to expect. There are no hidden fees or surprise charges. Our goal is to make the process as stress-free as possible for you.
Why Choose a Contingency Fee Arrangement?
Opting for a law firm that works on a contingency fee basis offers several advantages. You can pursue your claim without worrying about the financial risk. If we don’t win your case, you don’t owe us any fees. Our payment depends on the success of your case, which means we are highly motivated to work diligently and effectively to secure your benefits. This arrangement allows you to access experienced and skilled legal representation without the burden of upfront legal fees.
Does Hiring an Attorney at the Application Stage Help?
Applying for Social Security Disability (SSD) benefits can be a daunting and intricate process, often resulting in initial denials for many applicants. Hiring an attorney at the application stage can significantly increase your chances of success. At Katz, Leidman, Freund & Herman, we understand the challenges and are here to help you navigate this complex system right from the start. Here’s how hiring an attorney at the application stage can benefit you:
Application Guidance and Preparation
The SSD application process involves a multitude of detailed forms and specific requirements that can be overwhelming:
- Thorough Evaluation: An experienced attorney will evaluate your case to determine the strength of your claim and identify any potential issues that could hinder your application.
- Accurate Documentation: We ensure that all necessary documentation, including detailed medical records, employment history, and personal information, is collected and accurately presented.
- Proper Form Completion: We assist you in completing the application forms correctly, reducing the likelihood of errors or omissions that could lead to a denial.
Increased Chances of Approval
Statistics show that applicants represented by attorneys are more likely to be approved for SSD benefits, even at the initial application stage:
- Understanding SSA Criteria: Our attorneys have an in-depth understanding of the Social Security Administration’s (SSA) criteria and guidelines, allowing us to craft a compelling case that meets these standards.
- Medical Evidence: We work closely with your healthcare providers to obtain comprehensive and persuasive medical evidence that supports your disability claim.
- Detailed Descriptions: We help you articulate the extent of your disability and its impact on your ability to work, ensuring that the SSA fully understands your situation.
Avoiding Common Pitfalls
Many initial SSD applications are denied due to common mistakes that can be avoided with professional assistance:
- Incomplete Applications: We ensure that your application is complete and includes all required information and evidence.
- Insufficient Medical Evidence: We know what medical evidence is needed and how to present it effectively to demonstrate the severity and impact of your condition.
- Misunderstanding of Criteria: We help you understand and meet the SSA’s criteria, avoiding misunderstandings that could lead to a denial.
Smooth and Efficient Process
An attorney can streamline the application process, saving you time and reducing stress:
- Timely Submissions: We ensure that all forms and documents are submitted on time, avoiding delays in processing your application.
- Ongoing Support: We provide continuous support throughout the application process, answering your questions and addressing any concerns promptly.
- Professional Representation: If your application requires additional information or clarification, we handle all communications with the SSA on your behalf.
What If Your Application Is Denied?
Even with careful preparation, some applications are denied. If this happens, having an attorney from the start ensures that we can promptly file a request for reconsideration and begin preparing for the appeals process. We build a strong case for appeal, leveraging our knowledge and experience to improve your chances of approval at subsequent stages.
Contact us today to schedule a consultation and learn more about how we can assist you with your Social Security Disability application. Let us help you navigate this complex process and increase your chances of a successful outcome.
Start Your SSD Claim with Expert Assistance
Navigating the Social Security Disability (SSD) application process can be overwhelming and complex, especially if you are dealing with a disability. By enlisting the help of our experienced NYC lawyers for Social Security Disability, you can start your claim with expert assistance that will increase your chances of success.
Our attorneys have a deep understanding of the SSD system and know how to navigate its intricacies to help you put together a strong application. From properly completing forms to obtaining compelling medical evidence, we are here to guide you every step of the way. Don’t let the fear of a denial hold you back from seeking the benefits you deserve. Contact us today to schedule a consultation and get started on your SSD claim with expert assistance.