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SSD/LTD Disability Law
This is attorney advertising.
SSD/LTD Disability Law
This is attorney advertising.
Social Security Disability Lawyer in NYC & Long Island
Additional Information
Do I qualify for social security disability benefits?
For adults, social security seeks to determine whether a person can work given their age, education, past relevant work, and medical limitations. Most people assume that because they cannot do their past relevant work they will qualify for social security benefits. However, it is not that simple. If SSA thinks there is other work you can do in light of the above factors, they will likely deny your claim. Also, even if you are unable to work at all, you must prove that your disability lasted, or is expected to last, at least 12 months. At the hearing level, disability judges will often rely on the testimony of a vocational expert to help them decide whether there is any work a person can do if they cannot return to their past job. A skilled attorney can cross examine such job experts and get them to admit that a truly disabled person cannot work. Trust me to be your social security disability attorney in Manhattan, NY.
What are the requirements for child disability benefits (SSI)?
Social security will look at whether your child has a listed condition, a severe impairment, or two "marked" impairments. Proving a listed condition is very difficult and the requirements tend to be very demanding. However, your child is considered disabled if he or she has either one severe, or two "marked" limitations in the domains of 1) acquiring and using information; 2) attending and completing tasks; 3) interacting and relating with others; 4) moving and manipulating objects; 5) caring for him or herself; and 5) health and well being.
What is the difference between SSI and SSD?
Social Security has two disability programs: SSI and SSD. These are also known as "title 16" and "title 2" respectively. Both programs look at the factors discussed above to determine if a person is capable of working. But SSI differs from SSD in two important ways: 1) it is a "means based" program, meaning it is intended for individuals with financial need who have not earned enough quarters of coverage to qualify for SSD; and 2) the monthly award is determined by federal and state guidelines and is generally lower than SSD award amounts. To qualify for SSD, a person has to have 20 quarters of coverage in the 10 years preceding their application for disability; and award amounts are based on a person's earnings record. Because SSD is not "means based" a person will not lose eligibility based on having too much money in the bank.
How do I appeal a social security disability SSDI denial?
Make sure you request an appeal in writing within 60 days of receiving your denial letter. Requesting an appeal verbally, on the phone with a social security representative, does not count. I have heard from many disabled individuals who thought they had filed an appeal simply because they told a social security representative over the phone that they wanted to appeal a decision. Social security will often mislead such persons into thinking that an appeal is filed once a person has told a representative on the phone that they would like to appeal. However, it does not work like that. You must inform social security by completing an online appeal, if your case was based on an SSD claim; or by filing form SSA HA-501 U5. Of course, you can retain an attorney and have them file the appeal on your behalf, which is actually your best option. Just be sure to act soon after receiving your letter.
How do I prepare for a Social Security Disability Appeal hearing?
First of all, make sure you have an attorney. Social Security laws and regulations can be complex and confusing, and it is important that you understand the rules governing the hearing process. For example, all medical evidence must be submitted to SSA no fewer than five business days before a hearing. Likewise, medical and vocational experts typically testify at hearings. If you are unable to effectively cross examine these individuals, there is a good chance that their testimony will provide the basis for a denial. Lastly, make sure you have plenty of current medical evidence. By the time a case gets before a judge, it has typically been 1.5 to 2 years. During that time, social security has not ordered any medical records. It is your obligation to get medical records for that period of time to prove your case. Judges will deny a case if they cannot point to medical evidence which proves the disability that a person is trying to establish.
SSD Reconsideration: What Should You Do?
After your initial denial you have 60 days to file for "reconsideration." At this stage, SSA will bombard you with requests for information that you have already provided. In most cases, no matter how much evidence you provide, you will be denied again. A good strategy for getting through the reconsideration stage is to provide as much new medical evidence as you can. But do not sweat requests for information that you already provided with your application. If they deny you again on the grounds that you did not reply to a redundant request for information, then you have an excellent appeal, provided you really are disabled. In fact, the vast majority of SSD recipients win their cases at the next level of appeal: the administrative hearing level. Whatever you do, make sure you have a qualified attorney handling your case at all levels of the appeals process and be sure to get all your medical records. Doing so will maximize your chances at winning your SSD disability case.
How Do I Appeal a Denial From the Appeals Council?
In the Social Security Administration there are several levels of appeal once an application has been denied: reconsideration, the administrative law judge hearing level, and the appeals council. If the appeals council denies your claim you have 3 options: give up; file a new claim; or file a federal court action suing the social security administration. For many people, suing the social security administration in federal court is the best thing to do because it allows them to retain all the back pay potentially payable in connection with their initial application. Generally, SSA will only allow back pay for 17 months prior to an application. So a new application can mean significantly less back pay. For this reason, filing a federal district court action may be the best way for you to pursue your disability case. If so, do not hesitate to contact a qualified attorney licensed to practice in the federal courts in your jurisdiction. I am licensed to practice in federal courts in New York and would be happy to discuss any potential federal court case.
A good federal appeal is one in which you can convince the court that the administrative law judge made a mistake of law or fact which deprived you of a fair hearing. Often this is a matter of showing that the testimony of the vocational expert at your hearing involved mistaken assumptions. For example, in a recent landmark decision, the Second Circuit (which encompasses New York's federal courts) held that a social security denial was legally deficient where it was based on a discrepancy between the jobs proffered by the vocational expert and the assumptions put forward by the administrative law judge. In Lockwood v. Commissioner of Social Security Administration, 914 F.3d 87 (2d Cir. 2019), the court held that it was wrong to find Lockwood capable of doing jobs that required frequent reaching when the ALJ himself agreed that Lockwood could only reach overhead infrequently. Perhaps more often, the ALJ decision was simply leave out a well documented limitation - such as the ability to reach, or to stoop -- and this omission will infect the entire analysis. When errors like this occur, it is possible to make a case in federal court to get another hearing, which is called a "remand."
Can I collect early retirement and SSD at the same time?
If you retired early because of a disability, you can apply for SSD benefits and, if successful, get the difference between you early retirement and full retirement benefits retroactively. Once you have won your case, your monthly benefit will turn into a full retirement benefit.
How much are the legal fees in social security cases?
My office will only charge a fee if we win your case. And that fee is 25% of any back-pay social security owes you up to a limit of $7,200. The social security administration periodically increases the cap on legal fees; but it is currently set at $7,200.
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Disability Lawyer for SSDI/SSD Disability appeals, hearings, and reconsideration in NY & Long Island
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