Social Security Disability Lawyer
If you have a physical or mental disability that prevents you from working, you may be entitled to federal benefits. A medical condition that is either permanent or keeps you out of work for over 12 months can qualify you for Social Security Disability Insurance (SSDI). A vast majority of people who qualify, however, are denied outright. You need a lawyer who can fight for your rights – at application and on appeal. Since 1972, Jacoby and Meyers has been providing the type of legal assistance disabled persons in the New York City area need to secure benefits.
Aiding in All Steps of the Disability Application Process
The Social Security Disability Association’s application process is complex. There are strict filing requirements and deadlines. Our attorneys assist those making initial applications, as well as prior applicants who wish to appeal a denial. An initial denial for SSDI is not a final decision. It is often reversed when applicants work with an experienced SSDI attorney. The Jacoby and Meyers legal team has a high success rate. We work with you to obtain a strong understanding of your underlying disability, work history, and current restrictions. Armed with this evidence, our legal team has the skills and knowledge to successfully argue your case.
Determining SSDI Benefit Amount
The amount of your Social Security Disability Insurance benefits depends upon how much money you paid into the Social Security system during your entire working career. Persons with dependents receive a larger benefit than those of single persons. Medical care under Medicare health insurance is an additional benefit. Medicare benefits can help you pay for hospital, physician, and nursing care, as well as medications and supplies.
Social Security Disability Insurance strictly relates to your ability to work. You must be found to be disabled to secure benefits. According to the Social Security Administration, you are disabled if:
- You cannot do work that you did before;
- You cannot adjust to other types of work because of your medical condition; and
- Your disability has lasted or is expected to last for at least a year or to result in death
Medical proof of your disability is required. The injury or illness itself is not the hardest prong to prove. Your ability to work, education, age, and recent employment all play a significant role in determining disability. This is where an experienced SSDI attorney can help. We work with medical and vocational experts in putting together your case to prove not only injury, but also inability to work.
1. The Initial Claim
In order to avoid long delays, it is important to provide the Social Security Office with all of the applicable paperwork needed when you file your claim. Before applying for social security, you should gather all of the related documentation:
• Original or certified copies of personal identification
• Information about all of your prescription(s)
• Records for all of your medical treatment
• Dates of service
• Lab and test results
• Your care provider’s name, phone number, and addresses
• Details about where you worked and the type of work you performed
• Employment related tax records such as your W-2
An application for disability benefits may be at a SSA office, by telephone, mail, via the internet, or you can have one of our trained attorneys help you. You should not become discouraged if your claim is initially denied but instead seek professional representation at this time.
2. The Appeals Process
– Reconsideration of your Initial Claim
You must request a reconsideration of your claim within 60 days of receipt of the denial letter. This is a complete review of your claim by someone who did not take part in the first decision. After 4 to 6 months, a decision will be reached on the reconsideration request. The case will either be granted benefits or denied again. This process may vary in some states.
– Hearing by an administrative law judge
If your claim is denied after reconsideration, you have 60 days to request an informal hearing which will be held in front of an administrative law judge who had no part in the first decision of your case. They will listen to witnesses, review medical evidence, and decide your case. It usually takes at least two to three months after the hearing to receive the decision. If the decision is favorable, you should receive your first check after 8 to 12 weeks.
– Review by the Appeals Council
If the judge’s decision is not in your favor, the next step is to request a review by the Appeals Council. This must be done within 60 days after you have received the hearing decision. A failure to appeal in a timely manner will result in having to start over with a new claim, unless a claimant can demonstrate “good cause” for why the appeal was not filed prior to the deadline.
– Federal Court
If the Appeals Council denies your appeal or refuses to review your case, you have 60 days to file a lawsuit in a federal district court. After reviewing the record from your hearing, the Federal judge can award disability benefits, deny disability benefits, or send your case back to a lower court for an additional hearing.
We are available to help you handle all contact with Social Security, and stay in touch with their staff to ensure timely processing of your claim. Our staff of paralegals, case analysis, and case managers is always available to help you. If you, a friend, or a loved one needs to file a claim for social security disability, please contact us today.
Types of Disabilities
Our lawyers have secured benefits for all types of Social Security Disability impairments, such as:
No Legal Fees Unless There is a Successful Settlement or Verdict
We are committed to providing affordable legal representation to those in need. Our Social Security Disability Insurance clients pay no attorneys fees until and unless we successfully win your case.
If you are applying for, or have been denied, Social Security Disability benefits, contact our attorneys today to schedule a free consultation.