Social Security Disability Litigation
Confirm you have the support from your doctor; your doctor must go on the record.
Eliminate RED FLAGS, such as use of alcohol, using other people’s medication, no gaps in medical treatment, part-time jobs.
The BIG PICTURE. Will your medical issues impact your ability/capacity to work? Talk in specifics. Do not say not very long or not very far. Be specific about your handicaps.
Arguments proving disability: Is it a listing level case? Do I need the grid rule? Is function capacity eroded by medical issues?
If denied, you must appeal within 60 days. Keep the denial envelope and notice. Get your appeal in early.
Present yourself in court as a fighter, SSDI or SSI disability is your last option. You want to work! No attitude of entitlement! You are making unsuccessful efforts to work and is willing to go to school.
Social Security Disability
Social Security Disability Attorneys in New York Who Take a Stand for the Injured and Disabled
New Yorkers are known for being hard workers with a strong sense of independence and self-sufficiency. So when an injury or illness has them laid up or out of work for a time, they often don’t realize they can receive benefit payments from the Social Security Administration to help them make ends meet. Social Security isn’t only a retirement program; it’s a disability program as well. You paid taxes on your earnings while you were working and you have the right to collect disability benefits from Social Security if you can’t work. If you are suffering from car accident injuries, a serious illness such as cancer, a workplace back injury or anything that keeps you from working, you may be eligible for Social Security Disability (SSD) benefits, which can help you recover and get back on your feet.
Are You Disabled Due to Injury or Illness? You Need an Experienced New York Social Security Benefits Lawyer
A person’s physical or mental disabilities can significantly limit or halt their ability to make a living. Programs such as Social Security Disability Insurance (SSDI) and Supplemental Security Insurance (SSI) may be available for those who are unable to work because of an ongoing medical condition. Learning how Social Security works may help you decide whether and when to apply for these important benefits.
Sadly, too many New Yorkers don’t go after the SSD benefits they’ve worked so hard to pay into throughout their lives. Applying for Disability benefits is a complicated process and can be frustrating due to common SSD application mistakes that will delay or prevent SSD payments. It is also difficult to understand the difference between SSDI and SSI (Supplemental Security Income), so many folks give up altogether. Others won’t submit an SSD application, because they have too much pride and think it’s a hand-out. In fact, each of us has put money into the SSD FICA account with every hour we’ve worked, just as we deposit the rest of our paycheck into a personal bank account. As trusted SSD attorneys who have been helping New Yorkers obtain SSD payments during tough times, we will help fight for your rights too!
For Denied Social Security Benefits, Call a True SSD Attorney – Not a So-Called “Advocate”
Of the 2.5 million applications for SSD benefits the Social Security Administration receives each year, most SSD claims are rejected. With a tough SSD lawyer by your side, handling everything from filling out your application to an SSD claim appeal hearing, your chances of receiving SSD money increases exponentially. Don’t fall for all the ads telling you to call Social Security “advocates.” They don’t have the legal experience and background that a disability lawyer can provide.
Understanding the Process
The Application
To begin a Social Security Claim, an individual must file an application with the Social Security Administration. Our staff will help in the preparation of that claim and explain the process in detail. It is important that the application is thoroughly completed with the appropriate information.
The Denial
Unfortunately, an individual should expect that his or her application will be denied. This should not be discouraging as the vast majority of these claims are denied at the initial application. It is imperative that an individual who truly feels that he or she is disabled appeal this decision within sixty (60) days of the denial.
Request for Hearing
If an individual is denied, he or she is entitled to request a hearing before a Federal Administrative Law Judge. It is very important during this appeal that the individual’s medical records be thoroughly compiled and organized. They should be presented to the Administrative Law Judge in a clear and concise way, highlighting the appropriate Social Security regulations.
The Hearing
The hearing is the most crucial stage of the appeal process, but there is no need to be nervous or apprehensive about it. The Administrative Law Judge who presides over the hearing will take testimony under oath, but in an informal manner. This is a private hearing usually held in a small hearing room with only the Judge, the hearing assistant, the claimant’s attorney, and the claimant attending.
All the medical records that have been submitted will be admitted into evidence and the testimony of the claimant will be taken concerning the alleged conditions and limitations the individual may have in the workplace. Occasionally, the Judge may call in a “vocational expert” to testify about the possibility of training an individual for a different job.
It is important that the Administrative Law Judge be given a clear picture of not only an individual’s diagnosis, but also of the limitations he or she is suffering with. The Administrative Law Judge will understand that in certain cases, an individual may be able to suffer through one day of work, but would not be able to hold down employment five days per week.
The Decision
The Administrative Law Judge will not announce a decision at the hearing. A written decision will be sent, usually within four (4) to six (6) weeks. If the decision is favorable, the claimant will normally begin receiving benefits after a short period. If the decision is not favorable, an appeal to the Appeals Council must be filed within sixty (60) days.
New York Social Security lawyers Figeroux & Associates know SSD law inside and out and will go to bat for you, every step of the way. Call us today or contact us online for a free evaluation. All conversations are personalized and confidential, and we will help you get your life back.
Set up your free evaluation with us today or refer a client!