According to the Social Security Administration (SSA), a person is disabled if he or she is unable to work due to a medical condition, is unable to do work he or she did before, and is unable to adjust to other work because of his or her medical condition, and if the disability or medical condition is expected to last for at least one year or result in death. If you are suffering from a physical or mental disability that prevents you from earning an income, and believe you may be eligible for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) in New York, contact an experienced employment law attorney today to discuss your possible compensation options.
Social Security Disability Insurance (SSDI)
Social Security Disability Insurance (SSDI) is a federally-funded income program for adults who are “insured,” meaning they have worked for a certain number of years and paid Social Security taxes during that time. SSDI benefits are paid beginning six months from the onset date of the disability, and the amount of your monthly benefit is based on your lifetime average earnings covered by Society Security. If you file for SSDI benefits and your claim is denied, you have the option of entering the appeals process, which, in New York, includes a hearing in front of an Administrative Law Judge (ALJ), followed by an appearance before the Appeals Council, and the final step of the appeals process, filing a suit in a federal U.S. District Court in New York. The state of New York does not employ the Reconsideration phase of the appeals process, which most states require you go through prior to the ALJ hearing.
Supplemental Security Income (SSI)
Supplemental Security Income (SSI) is a federally-funded income program based on financial need that pays cash benefits to adults 65 or older and children who meet the definition of “disabled,” and who have limited income and resources. According to the Social Security Administration’s definition, a child is considered disabled if his or her physical or mental impairment is severe enough that it results in marked functional limitations, and is expected to last for at least one year or result in death. To qualify for SSI benefits in New York, the value of your personal belongings must be less than $2,000 if you are single, or less than $3,000 if you are married, not including the value of your car or the value of your home if you live in it. The state of New York adds money to the federal payment, and the single SSI payment you receive at the beginning of each month includes both the federal SSI payment and your supplement from New York.
Contact an Experienced SSI/SSDI Attorney Today
Every year, millions of disabled Americans apply for disability benefits, and in New York alone, about 57% of initial disability claims received by the SSA are denied. The unfortunate truth is that applying for SSI or SSDI benefits in NY can be a confusing, complicated and drawn-out process, and being denied life-saving benefits can be devastating for disabled individuals and their families. When filing a claim for SSI or SSDI benefits in New York, you can significantly improve your chances of receiving the disability benefits you deserve by enlisting the help of a qualified SSI/SSDI disability lawyer in your area. A knowledgeable attorney can help you navigate the complexities of pursuing disability benefits in NY, and ensure that your legal rights are protected throughout the process.