New York Social Security Disability Lawyer Blog

While Social Security Disability Insurance (SSDI) benefits can provide crucial assistance to persons who are unable to work due to disability, the process of obtaining benefits can be long, complicated and aggravating. In fact we have found that many people give up without even completing their application when they realize what is needed. Representation at this critical point can help many people win claims that they might not even file if left on their own!

Some of the information required to process a claim is simple: background facts like date and place of birth and Social Security number; bank account and routing number (for direct deposit); the name and address of current and recent employers; and the amount of money that the claimant earned in the current and previous year. But even this information may be difficult for people to obtain, or to focus upon, depending on their medical conditions.

Additionally, the SSA may request specific documents, including an original birth certificate or other proof of birth, original citizenship or naturalization papers, U.S. military service paper(s) (if applicable) and tax returns.

Even more important to a claim is the medical information and documentation that directly proves that the claimant is entitled to benefits. These include medical records, doctors' reports and recent test results as well as other detailed information about the claimant's illnesses, injuries or conditions and work history which may need to be obtained from medical providers or other third parties.

The problem is that most claimants do not have these records and Social Security's attempts to obtain them are limited. An attorney's office that handles a significant amount of Social Security Disability claims will be set up to obtain records for their clients.

The claimant also must complete various forms related to his or her medical conditions, such as a Disability Report, Work History and a Daily Activity Questionnaire.

While a person seeking SSDI benefits may submit an application or claim by telephone, mail or online without assistance, claimants should be aware that the initial application is the most difficult and confusing part of the process and the point at which a good Social Security disability attorney's help can be invaluable. An experienced lawyer knows what information must be included in the initial application. An excellent lawyer will not only guide his or her client through the process but also file the application for the client.

Furthermore, after submitting an application, the a claimant should not simply sit back and wait to be approved. The SSA may request additional information from the claimant's physicians and other treatment providers and it is crucial to contact treating sources and make sure not only that they provide the requested records and opinions, but that those records or opinions are presented in such a way as to lead the SSA to the logical conclusion that a claimant is disabled.

Continue reading "Social Security Disability Application: Managing a Mountain of Paperwork" »

The Social Security Disability Insurance (SSDI) benefits program provides financial support to people who are unable to work for at least one year due to physical or mental disability. While more than 13,000 disabled people received SSDI benefits in April alone, many people who are presently able to work are not aware that they may be eligible for benefits based on a disability that may have ended.

Persons who were previously disabled, but are presently able to work may be eligible for SSDI benefits covering what the Social Security Administration calls a "closed period of disability." This term refers to a period during which medical evidence establishes that the person was unable to engage in substantial gainful work activity for a continuous period of 12 months, but by the time the disability decision is made, the person has shown medical improvement, whether or not they have returned to work.

In order to obtain SSDI benefits for a closed period of disability, the claimant must have been unable to work for at least one year. to maximize benefits the claimant also must file an application within 14 months after the disability ended. Persons filing after this time (but no later than 3 years from the end of the closed period) may also be eligible if it can be shown that his or her failure or inability to file a timely application was due to a physical or mental incapability.

Claimants who meet the requirements for obtaining benefits for a closed period of disability must serve a five-month waiting period - starting in the first full month of the closed period - before receiving the first monthly benefit and can receive up to 12 months of retroactive benefits from the date the application is filed with Social Security. Payments also last two months after the date of medical improvement or returning to work.

For example, consider a claimant who became disabled on April 15, 2008, but recovered and returned to work on September, 2009 and filed an application for disability benefits on December 1, 2009. The waiting period continues through September 2009. Since retroactive benefits only go back one year, the claimant's first possible month of entitlement to a disability benefit would be December 2008 and last month of benefits would be November 2009. The claimant can receive up to 12 months of retroactive benefits for December 2008 through November 2009.

Because of the one year limit on retroactive benefits, it is crucial that a disabled person file a claim for SSDI benefits as soon as the person believes he or she is eligible. Otherwise a person who is disabled for several years may only get a portion of the benefits to which they are entitled. Not only do claimants lose out on years of potential benefits, but the longer a person waits to apply, the harder it may be to obtain the medical records necessary to show disability while they are still covered for benefits.

If you are disabled, the best way to get help with a claim is to contact a Social Security disability attorney well versed in the Social Security law and process.

Related blog posts:

Social Security Disability and Workers' Compensation

Avoiding the Pitfalls of a Tricky MS Disability Claim

The Outcome of Your Social Security Disability Claim Often Depends on the Personality of the ALJ Who Decides Your Case

On April 13, I blogged about the recent lawsuit brought against several Queens ALJs, which claims that these judges show a pattern of bias against the disability claimants whose cases they decide. Last night I was discussing this lawsuit with Lew Insler, one of the partners at my firm, and we compared notes on our experiences before different judges throughout New York, New Jersey, and Connecticut.

Nothwithstanding my strong assertions regarding those Queens judges, I think it is important to point out that they represent the exception as opposed to the rule. In fact, I have found that the vast majority of ALJs are fair, just, and understanding individuals.

Disability claimants no doubt benefit by being represented by an attorney who is familiar with the unique personality of the ALJ before whom they may appear. For example, certain ALJs prefer specific types of evidence to assist them in making decisions, and an experienced attorney who has appeared before that judge would be aware of such requirements. Unrepresented claimants are at a disadvantage when they aren't familiar with the ALJ's approach to hearings and how he or she tends to interpret different types of evidence.

This merely goes to emphasize how important it is that your attorney knows not only the law but the ALJ who will be applying it to your particular case. While the vast majority of ALJs fairly apply the law, sometimes knowledge of these subtleties can make the difference between a favorable and unfavorable outcome.

Brian Anson, Esq.

At a Brooklyn Social Security Disability hearing a few days ago, I represented a young woman who had a number of medical conditions which prevented her from working - most notably, an inner ear condition which made it impossible for her to ride in elevators due to the rapid changes in pressure. Unfortunately, her hearing was scheduled for an office located on the 18th floor of the Brooklyn Hearing Office. Proper documentation was presented to the Administrative Law Judge to confirm her inability to take the elevator to her scheduled hearing. However, I asked her to nevertheless be present at the building, but to remain on the first floor as evidence to the ALJ that our client was most certainly interested in pursuing her claim - even if it meant taking her testimony telephonically. As a result of the evidence I submitted on her behalf, and statements to the ALJ, I was successfully able to obtain a fully favorable decision for her without the need for her testimony.

Needless to say, she was extremely thankful that (1) I was successful, and (2) that she would not have to subject herself to a great deal of discomfort at the prospect of taking the elevator to the 18th floor. It's these seemingly small things which mean a lot to our clients that makes me proud of what I do.

Brian Anson, Esq.