Content reviewed by:
Alex Shulman
Are you confused about which type of Social Security Disability benefits you may qualify for or how to apply? Was your claim denied, requiring you to either start your case over again or go through a lengthy review process?
Let our Social Security Disability attorneys on Long Island, NY assist with your case. At Shulman & Hill, we can manage your entire case so you can fight for the benefits you need without the hassle. Contact us to schedule a free case evaluation today.
What Is Social Security Disability?
Social Security Disability refers to benefits offered by the Social Security Administration (SSA). They provide a monthly stipend to qualifying applicants to help them pay for food, rent, or other necessities if they can’t work enough to support themselves.
Social Security Disability includes two different types of benefits. One of Shulman & Hill’s Social Security Disability lawyers on Long Island can review your case to determine which type of benefit you qualify for or if you are eligible to receive both.
Social Security Disability Insurance
Workers qualify for Social Security Disability Insurance (SSDI) by working for at least ten years, during which time you would pay into Social Security. You could then receive SSDI payments if you must stop working for any reason—for example, perhaps you were injured at work or you developed a serious illness that will prevent you from working for at least a year.
The Social Security Administration (SSA) states that the application process generally goes as follows:
- You can apply however you feel most comfortable: in person, online through their website, or over the phone.
- They will determine if your work and medical history entitles you to benefits.
- They will notify you if your application is accepted and, if not, what steps you can take to continue seeking any benefits you feel you deserve.
This may seem simple enough, but you could run into any number of difficulties along the way. A Long Island City Social Security Disability lawyer from Shulman & Hill can protect your rights at every step.
Supplemental Security Income
Supplemental Security Income (SSI), unlike SSDI, does not require you to have any work history at all. The main qualifier for SSI is that you do not have sufficient resources to support yourself. “Resources” in this case may include:
- Salary from work
- Stocks
- Real estate holdings
- Other government benefits
The maximum amount you can earn and still qualify for SSI changes from year to year. A Social Security disability attorney from Shulman & Hill understands these limits, as well as exceptions and loopholes that could affect your benefits. Our office on Long Island, NY, can help you calculate your assets and whether you are eligible for SSI.
Every Borough, Every Block. New York, We Got You.
Who Gets Social Security Disability Benefits?
According to the SSA, as of July 2022:
- The majority of SSDI recipients were 65 or older, though a significant number are younger than this.
- The spouses and children of qualifying workers are also receiving various types of benefits.
- Most people who receive SSI benefits are between the ages of 18 and 64.
The SSA’s New York Regional Office is responsible for not just the state of New York, but New Jersey, the U.S. Virgin Islands, and Puerto Rico as well. They report their region provides benefits to over seven million people annually.
To qualify for benefits, you must meet the requirements of whichever type of benefit you are applying for. These requirements may pertain to your:
- Work history
- Age
- Medical condition
- Citizenship status
- Whether or not you have a qualifying spouse or parent
Many kinds of people have applied for and received Social Security Disability benefits to help them pay for necessities and support their families. If you are not sure of your eligibility, we can determine if you qualify and fight hard for the benefits you need.
What Is the SSA’s Definition of Disability?
In some ways, the SSA defines disability very broadly. They pay benefits to those whose medical conditions affect any part of their bodies, including but not limited to the:
- Heart
- Lungs
- Liver and kidneys
- Skin
- Extremities
- Bones
- Senses (e.g., hearing)
They also pay based on certain mental illnesses and intellectual disabilities.
However, the SSA is quite strict in one critical respect: only those with a chronic, long-term, or fatal condition can receive benefits. A bone fracture, for instance, does not entitle you to Social Security Disability; this is a temporary injury which, barring severe and unusual complications, will heal within a few months.
What if I Do Not Qualify for Disability?
If your medical condition does not meet the requirements established by the SSA, you may be able to get financial compensation from another source.
For instance, if you were injured at work, your employer could owe you workers’ compensation benefits, which would cover your medical bills and part of your lost wages. Alternatively, if you were injured due to another party’s negligence (e.g., you were hit by a drunk driver), you could sue the liable party in a third-party injury lawsuit.
At Shulman & Hill, we handle workers’ compensation cases and personal injury cases in addition to Social Security Disability cases. No matter what your situation is, we encourage you to contact us and learn more about your possible options.
What if I Die Before My Claim Is Processed?
The SSA provides benefits to those suffering from terminal illnesses, such as cancer. Starting the claims process as soon as you receive a diagnosis can increase your chances of receiving these benefits in a timely manner.
Unfortunately, the claims process can still take a very long time. As of 2022, the SSA states that the hearing process takes an average of over 300 days. It is therefore possible that you could pass away before your claim is approved. We still recommend that you allow us to seek compensation on your behalf. This is because:
- The SSA will expedite payments or the claims process in certain emergency situations.
- Your relatives could continue to receive benefits even after you are gone.
- We can take steps to ensure your case goes as smoothly as possible.
Getting Help with Your Social Security Disability Application
Applying for either type of Social Security Disability benefit can be very stressful, even confusing. A single mistake, even an innocent one, could cause the SSA to reject your claim or even force you to start your entire case over again from the beginning.
Shulman & Hill understands the disability application process inside and out. A Long Island, NY Social Security Disability attorney from our firm could see to it that everything is taken care of, including:
Supporting Your Claim
The SSA requires you send in substantial evidence to prove that you really need benefits. This could include:
- Your medical records, to show that your doctor has officially diagnosed you as disabled
- Your work history, to show you have worked enough years in enough qualifying positions to receive SSDI
- Your financial history, to show your current net worth, how much you earn in a year, and how many other assets and benefits you have at your disposal
- Witness statements (e.g., from close relatives) who can testify as to the detrimental effects your disability has had on your life
In addition to helping you collect all this information, we can make sure it is properly submitted to the SSA.
Representing You at Hearings
If your claim is denied, you still have options available. We can:
- Tell the SSA you disagree with the determination within the deadline
- Figure out the cause of the denial, e.g., if it involves insufficient or misplaced evidence or something else
- Submit new evidence or resubmit old evidence as necessary
- Represent you in hearings with representatives from the SSA
There are several stages of appeal you can go through. The first is a reconsideration, which involves asking the SSA to take another look at your case. If the reconsideration is unsuccessful, we can request a formal hearing with a judge or panel of judges.
Supporting You
We understand the challenges of navigating the claims process, particularly when urgency and financial needs are pressing. At Shulman & Hill, each case is treated with a personal touch, and our dedication to achieving results is reflected in the compelling endorsements from our clients. We strive to make the legal process as easy for you as possible by:
- Offering a free case review to all callers
- Explaining your rights and obligations in layman’s terms
- Charging no attorney’s fees until after you receive your benefits
- Waiving attorney’s fees if we cannot get benefits for you
If you are not sure what to do or what is going on, we encourage you to contact us. One of the biggest benefits of hiring a Social Security Disability lawyer near you on Long Island is always having someone around to answer your questions and help you make important decisions.