New York Social Security Disability Lawyer Blog

The way in which a Social Security Disability claimant finishes that sentence is at the heart of every claim for Disability Insurance Benefits. In order to be found eligible for Social Security benefits, there are certain medical as well as non-medical requirements which must be satisfied. The medical requirements could be summed up by how the above sentence is completed.

All too often, potential clients will give me reasons for their inability to work which do not address these medical requirements and, if not for the guidance of an experienced Social Security practitioner, could very well doom a claim. One common example is, "no one will hire me with my medical condition." Another is, "I can't travel to and from work." While these two explanations may be factually accurate, they do not specify a medical reason for not being able to work. Not only do these fail to specifically answer the question being asked by the Social Security Administration, but they can actually irreparably damage your claim.

The Social Security Administration must determine if a claimant has a medical condition (or conditions) that prevent him or her from being able to work on a full-time basis for a period of at least twelve (12) months. To put it simply, they do not care if no one will hire you, or whether you can travel to and from a place of employment. They assume for purposes of their analysis that the hypothetical job is available to you and that the commute is not an issue. Once there, can you do the job? If you cannot for medical reasons, then benefits are potentially payable.

The potential harm done by answering the question by failing to state a medical reason is that it can imply your ability to work when you cannot. Therefore, it is imperative that a brief medical explanation be offered in support of a claim for disability benefits.

Brian Anson

While I may be a new addition to the law firm of Insler & Hermann, I am no stranger to the practice area of Social Security Disability. In fact, I started my career in this practice area while working with Gabe Hermann in 1997. Like him, I have been representing disability claimants since then without interruption.

I've been fortunate enough to remain in contact with Gabe ever since then, and have followed his career as he joined Lew Insler years ago. He has always been the consummate professional and a wealth of information. On a chance encounter last year, I was fortunate to appear for a hearing in the Bronx at the same time he was. This set into motion a series of events which led to a meeting with his business partner, Lew Insler. Lew struck me as someone passionate about the law and compassionate about his clients.

Since joining the firm last month, I quickly learned that Lew and Gabe carry this approach into how they practice law and represent their clients. Attention to detail and a personal attitude distinguish them from many other practitioners in this area of law, and I'm glad to bring the same qualities to their practice.

At a recent lunch, Lew addressed the staff on the positive feedback we continue to receive from our clients. "The reason for our success: each and every one of you really cares," he told us, expressing his gratitude to the entire staff, from the paralegals and secretaries to the bookkeeper. In the weeks since I've begun working here, I have seen this dedication firsthand, and it makes me proud to be a part of this firm.

I'm extremely excited to become an active part of the law firm of Insler & Hermann and encourage people to email me directly at bma@nymetrodisability.com with any questions or ideas for future blog topics. I look forward to hearing from you.

Brian Anson