Content reviewed by:
Alex Shulman
Getting benefits through Social Security Disability can change your life for the better. You may be able to make ends meet and improve your quality of life if you cannot work and earn a living because of your physical or mental health. However, getting approved is not easy.
A Shulman & Hill Social Security Disability attorney in Brooklyn, NY, may be able to help you fight for the compensation you need and deserve. If your health prevents you from working and earning a living, you could qualify for monthly deposits through this federally funded disability program. Let our team examine your options with you during your free case review. Contact us now to get started.
What Is Social Security Disability?
Social Security Disability is a federally funded program that provides monthly income to those who meet strict qualifications. The Social Security Administration oversees the initiative.
Social Security Disability includes two programs that provide income for those whose health prevents them from working and earning a living, including:
- Social Security Disability Insurance (SSDI), which provides income for those with a significant work history who have a qualifying impairment or cannot work a job
- Supplemental Security Income (SSI), which provides income for those who cannot work and meet strict income and asset limits
Social Security Disability in New York City goes through the Social Security Administration’s (SSA’s) New York region office.
In 2021, field offices across the United States accepted 1,820,282 initial applications for benefits. Of those, 31.42% received approval based on their initial application. More are likely to gain approval through the reconsideration or appeals process, but that takes time. A total of 7,877,129 beneficiaries received benefits in 2021.
In New York State, SSA helped almost half a million SSI recipients based on disabilities in 2020. This does not include those who received benefits because they are over age 65.
Who Qualifies for Social Security Disability in Brooklyn?
If you have questions or wonder if you may qualify for SSDI or SSI, speaking with a Brooklyn Social Security Disability attorney may be a good idea. While the qualifications for these programs may seem straightforward, the application, appeals process, and necessary documentation are not.
According to Social Security Administration rules, a person may be disabled when:
- They cannot work because of a diagnosed medical condition or combination of symptoms
- They cannot do the work they did before or adjust to a new job
- They have a disabling condition that lasts (or will likely last) at least a year, or the condition will likely cause their death
The SSA publishes a book of impairment listings that outline the criteria to qualify based on dozens of diagnoses. However, not everyone who qualifies will meet the criteria under one of these listings. Many people need to prove that their residual functional capacity will not allow them to work instead. Residual functional capacity is what disability determination services consider if you do not meet the criteria under an impairment listing.
In addition to showing they have a disability, applicants must meet additional requirements based on the program. For example, those who apply for SSDI also need to meet the Social Security work credit requirements and have an earned income below the applicable substantial gainful activity (SGA) limit. For SSI, the applicant must meet strict income and asset limits.
What Should I Expect During a Social Security Disability Appeal?
It is worth noting that someone can apply for SSDI or SSI, meet all qualifications, and not get approved. This occurs all the time due to technical errors such as an incorrect birthdate, missing documents, lack of support for claims, a disability examiner who overlooks key paperwork, and numerous other reasons. If you received a denial based on your initial claim, a Brooklyn, NY, Social Security Disability lawyer from Shulman & Hill can help.
Unfortunately, securing well-deserved disability benefits can take time. Initial applications can take months to process and most applicants receive a denial. Overall, more than half of all Social Security Disability claimants receive a denial notice.
Most people enlist the help of our attorneys after receiving a denial. By this point, they are already exhausted from all the paperwork, talking to doctors’ offices, gathering medical documentation, and dealing with a lot of red tape. Receiving a denial notice after all that can be disheartening.
An Attorney from Shulman & Hill Can Navigate the Appeals Process
Even after putting in so much work to check and double-check every part of their application, ensure they included all the necessary contact information for every care provider, and document their disability carefully, most disability claimants receive a denial. A Social Security Disability attorney serving Brooklyn can help.
Navigating the reconsideration and appeals process requires more work than the initial claim, and there are strict deadlines you must follow. While less than half of all claimants receive approval based on the initial filing, you can challenge this.
The SSDI or SSI appeals process consists of several steps. The Social Security Administration generally gives you up to 60 days to request a reconsideration or appeal. Our team can assist you through:
- Reconsideration: This step asks the disability determination team to reassess your claim and ensure the correct decision occurred based on the documentation and information available. This step is often necessary, but rarely successful unless there is reason to believe the agency overlooked key information.
- Administrative Law Judge (ALJ) Hearing: We frequently represent clients in ALJ hearings. During this hearing, an Administrative Law Judge will review the claim and any additional information to determine if you meet the necessary criteria. We are sometimes successful in helping clients get approved based on this hearing.
- Appeals Council Review: You can request that an appeals council review your claim, supplemental material, attachments, records, and other documents to understand your case better. They can then vote to approve or deny your claim.
More information about requesting reconsideration or appeal is at the bottom of your denial notice. Our team of attorneys also offers advice, guidance, and advocacy for clients on this matter. We can help you decide what is right for you and represent you through the process.
How Shulman & Hill Helps Clients With Brooklyn Social Security Disability Claims
If you need help getting approved for Social Security Disability Insurance or Supplemental Security Income benefits, a Shulman & Hill Social Security Disability lawyer in Brooklyn may be able to help. The attorneys on our team understand how much you need these benefits to help make ends meet since you cannot work and earn a living.
We also know how frustrating it is to receive a denial when you need monthly cash benefits to pay your basic bills and expenses, and you paid into the SSD insurance program through your Social Security taxes. We’re here to help. Our Social Security Disability lawyers know how to navigate the claims and appeals processes. We work to get our clients the compensation they need and deserve based on their work history, medical records, and inability to work enough to earn a living.
When you work with our team, you can expect:
- Answers to your questions and fully addressed concerns
- Frequent updates about any changes to the case
- An advocate who represents you to the SSA, judges, and others
- Honest, knowledgeable counsel and guidance based on the facts of your case
- A legal team who can fight for your best interests
Connect with our team today for your free case review. We can discuss your options and next steps on the phone, via video chat, or in person at our Brooklyn office.
We never charge our clients upfront fees. There is no retainer to get our attorneys working on your appeal. Instead, we work based on contingency. When we get clients approved for SSDI or SSI, they generally receive their monthly payments moving forward plus backpay from the date of their initial application. For many, this amount can be significant. We receive a portion of this backpay as attorney’s fees.
