New York Social Security Disability Lawyer

The legal team at Seelig Law Offices is committed to helping clients obtain the Social Security Disability (SSD) benefits they deserve. It is devastating to be so injured or ill that you are unable to work. This situation can be made even more difficult if your inability to work impacts your standard of living. Turn to Seelig Law Offices to reach a New York social security disability lawyer with a strong reputation and a strong commitment to your best interests. To schedule a FREE consultation, contact our law firm today.

What is Social Security Disability Insurance?

Social Security Disability Insurance (SSDI) is a part of the U.S. Social Security program that provides financial assistance to those who are unable to work due to a serious medical condition. But, obtaining Social Security benefits can be tricky, and it is, therefore, important to retain an experienced New York social security disability lawyer before applying.

Establishing Eligibility For Social Security Disability Insurance (SSDI)

Not everyone is eligible for SSDI. To be considered eligible for New York Social Security Disability Insurance, you must meet the following requirements:

Work History

You must have accumulated a sufficient number of work credits. Work credits are based on your total yearly wages or self-employment income, and you can earn up to four credits each year.

Disabling Condition

Your medical condition must be severe enough to significantly limit your ability to perform basic work activities for at least 12 months. This condition can be physical, mental, or a combination of both.

Age Factor

Although SSDI is available to individuals of any age, the number of work credits required to qualify depends on your age at the time of disability.

Approved Conditions

Your condition must be listed in the Social Security Administration’s Blue Book, or be of equal severity to a medical condition that is listed.

Inability to Work

You must be unable to perform the work you did before and unable to adjust to other work because of your medical condition.

Income Limits

There are limits on the amount of income you can earn while receiving SSDI benefits. This is known as Substantial Gainful Activity (SGA).

Residency Requirements

Generally, you must be a U.S. citizen or a lawfully admitted non-citizen and reside in the United States or one of its territories.

Application Process

You must properly file an application for SSDI benefits and provide all required documentation, including medical evidence, to support your claim.

It is important to note that the specific criteria and application process can be complex and may vary depending on individual circumstances. It’s often advisable to consult with a disability attorney or a Social Security disability advocate for guidance through the process.

What Does SSDI Cover in NYC?

If you are eligible for Social Security Disability Insurance (SSDI) in the state of New York, particularly for NYC city workers, you may be entitled to a number of disability benefits, including:

Monthly Cash Disability Benefits

A monthly financial payment based on your average lifetime earnings before your disability began. The amount can vary depending on your work history and the amount of Social Security taxes you’ve paid.

Medicare Coverage

After receiving social security disability benefits for two years, you are automatically enrolled in Medicare, which includes hospital insurance (Part A) and medical insurance (Part B).

Dependent Benefits

If you have a spouse, minor children, or disabled children, they may also be eligible for benefits based on your work record.

Prescription Drug Coverage

As part of Medicare, you may choose to enroll in a prescription drug plan (Part D) for an additional cost.

Cost of Living Adjustments (COLA)

SSDI benefits are adjusted annually to account for the cost of living, which can help keep up with inflation.

Vocational Rehabilitation Services

If you’re interested in returning to work, the Social Security Administration may provide or cover the cost of vocational training.

Ticket to Work Program

This program offers SSDI recipients opportunities to return to work while still receiving health insurance and some cash benefits.

Protection Against Discrimination

As an SSDI recipient, you are protected by the Americans with Disabilities Act (ADA), which prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities.

New York State and New York City Specific Benefits

There may be additional state and local benefits available to New York and NYC city workers, such as supplemental financial assistance or special housing options.

It’s important to note that the eligibility for and amount of these benefits can vary based on individual circumstances, and additional requirements may apply. For the most accurate and personalized information, it’s recommended to consult with the Social Security Administration or a knowledgeable social security disability lawyer

How Can a NYC Social Security Disability Lawyer Help?

At Seelig Law Offices, we provide crucial assistance in several key areas to help you navigate the complexities of the SSDI system. Here’s how we can help:

Experienced Guidance on Eligibility

We begin by evaluating your case to determine if you meet the SSDI eligibility criteria. Our team will review your work history, medical condition, and other factors to assess your eligibility.

Assistance with Initial Application

Our team helps you complete and submit your SSDI application. We ensure that all necessary documentation is accurate and comprehensive, increasing the likelihood of approval.

Gathering and Submitting Medical Evidence

We work closely with your healthcare providers to gather all necessary medical evidence. This includes detailed medical records, doctors’ statements, and other documentation that substantiates your disability claim.

Handling Denials and Appeals

If your application is denied, we guide you through the appeals process. This involves filing for reconsideration, representing you at disability hearings, and if necessary, appealing to the Appeals Council or Federal Court.

Representation at Hearings

Our experienced social security disability lawyers represent you at hearings, presenting your case effectively to the Administrative Law Judge. We prepare you for the hearing, cross-examine witnesses, and make compelling legal arguments on your behalf.

Advising on Work and Income Limits

We provide counsel on how work and income might affect your SSDI benefits. This includes advising on the implications of part-time work or other income sources while receiving disability benefits.

Ensuring Compliance with Regulations

Our team stays up-to-date with the latest SSDI regulations and requirements, ensuring that your application and any subsequent actions are in full compliance with current laws.

Communicating with Social Security Administration

We handle all communication with the SSA on your behalf. This includes responding to requests for additional information, ensuring that deadlines are met, and addressing any issues that arise during the application process.

No Upfront Cost

We typically work on a contingency fee basis, meaning you won’t pay attorney fees unless we win your case. Our fee is a percentage of the past-due benefits awarded to you, as regulated by federal law.

Personalized Support and Empathy

We understand that dealing with a disability can be challenging. Our team provides not just legal support, but also empathy and understanding throughout this difficult process.

At our law firm, we are committed to helping New Yorkers navigate the SSDI system with as little stress as possible. We are dedicated to advocating for your rights and ensuring that you receive the benefits you deserve. If you are seeking assistance with your SSDI claim, feel free to contact us for a consultation.

Guidance From Applications To Appeals

Our social security disability lawyers at Seelig Law Offices assist clients during the initial application process and in the appeal of applications that were denied. If retained to file the initial application, we put together the most comprehensive case possible to give you the best chance of being initially approved for benefits. We meet with clients throughout the process and are always available by phone to address any questions or concerns. We also request and review all medical records, correspond with health care providers and can even help you find a specialist, if necessary.

Our staff will help you complete all of the necessary paperwork and include the necessary documents with the application. We will interact with the Social Security Administration on your behalf, saving you time and frustration during this time-consuming process.
If your application is initially denied and it is determined appropriate to appeal, we will file all appeals requests and represent you at all interviews and hearings. Our social security disability lawyers will question witnesses and prepare all legal documents in support of your case. We will even appeal to a federal court if necessary.

What Medical Conditions Qualify You For SSDI Benefits?

The attorneys at Seelig Law Offices represent people with a wide variety of medical conditions, including but not limited to:

• Musculoskeletal System Disorders: Conditions such as back injuries, spinal disorders, joint dysfunctions, and amputations.
• Cardiovascular Conditions: Including heart failure, coronary artery disease, and congenital heart defects.
• Digestive System Disorders: Such as liver disease, inflammatory bowel disease (IBD), and gastrointestinal hemorrhage.
• Neurological Disorders: Including epilepsy, multiple sclerosis, Parkinson’s disease, cerebral palsy, and traumatic brain injury.
• Mental Disorders: Such as depression, anxiety, schizophrenia, autism spectrum disorders, and intellectual disabilities.
• Respiratory Illnesses: Including asthma, chronic obstructive pulmonary disease (COPD), and cystic fibrosis.
• Immune System Disorders: Such as HIV/AIDS, lupus, rheumatoid arthritis, and kidney disease.
• Sensory Disorders: Including hearing and vision loss.
• Cancer: Various forms of cancer are covered, especially if they are in advanced stages or are particularly aggressive.
• Hematological Disorders: Including sickle cell disease, hemophilia, and other blood disorders.

It’s important to note that even if your condition is not listed in the Blue Book, you may still qualify for SSDI benefits. The SSA will consider how your condition affects your ability to work. If your condition is not on the list, it’s crucial to provide comprehensive medical evidence demonstrating how your condition limits your functional capacities and prevents you from engaging in substantial gainful activity.

Additionally, the SSA evaluates not just the medical severity of your condition but also your age, education, past work experience, and transferable skills to determine if there are any other types of jobs you could reasonably be expected to perform.

Given the complexities involved in qualifying for SSDI benefits, it’s often beneficial to consult with a healthcare provider or a legal professional specializing in disability law for guidance tailored to your specific situation.

We offer a free consultation, during which we will advise you whether you should pursue SSDI benefits. While you pay a small upfront fee to cover the firm’s costs, Seelig Law Offices will not be paid unless you receive benefits.

Get The Information And Help You Are Looking For

If you or someone you love is suffering from a medical condition and is unable to work, they may be entitled to SSDI benefits. Turn to our attorneys in our New York City law offices for detailed guidance as you seek your rightful benefits.

Contact Seelig Law Offices for a free consultation by calling 212-766-0600 or by sending us a message.

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NYC SSDI FAQs

What happens if I recover from my illness sooner than expected?

If you recover sooner than expected, you can keep the benefits you received as long as the original estimate was legitimate. However, the SSA will review your case and your benefits could end if you have made a recovery.

How long does an appeal decision take?

The answer to this question depends on the level of appeal and may require patience. Reconsideration may take between a few weeks.

Can you apply for Social Security Disability after retirement?

Yes, it is possible to apply for SSDI benefits after retirement in New York. However, various factors could affect eligibility, including how soon you choose to retire. Retiring after reaching full retirement age (FRA) changes eligibility significantly, as disability payments automatically convert to retirement benefits. Before FRA, you can still apply for and collect SSDI benefits if you have a medical condition preventing you from working.

How is SSDI different from SSI (Supplemental Security Income)?

SSDI is based on an individual’s work history and the payroll taxes they have paid into the Social Security system. In contrast, Supplemental Security Income (SSI) is a needs-based program for low-income individuals who have either never worked or have not earned enough work credits to qualify for SSDI.

Can I work while receiving SSDI benefits?

Yes, you can work while receiving SSDI benefits, but there are limits to how much you can earn. The SSA has specific thresholds for what constitutes “substantial gainful activity” (SGA). Earnings above this threshold may affect your eligibility for benefits.

What happens if my SSDI application is denied?

If your application is denied, you have the right to appeal the decision. There are several levels of appeal, including reconsideration, a hearing before an administrative law judge, review by the SSA’s Appeals Council, and filing a lawsuit in federal court.

Does receiving SSDI affect my future retirement benefits?

Receiving SSDI does not directly affect your future retirement benefits. When you reach retirement age, your SSDI benefits will automatically convert to Social Security retirement benefits, but the amount usually remains the same.