OUR FIRM'S SUCCESS RATE FOR CLAIMS RESOLVED IN 2008: 97+%
(72 Favorable Determinations versus 2 Unfavorable Determinations)
Social Security Disability ("SSD") Insurance is available for all injured workers who have worked for at least ten years, as well as five out of the last ten years, prior to becoming disabled. Some younger workers may also be insured under this program if they are injured or become sick to a disabling degree before they should have been able to work for at least ten years. SSD is a government-administered disability insurance program provided under Title II of the Social Security Act. This program is not the same as the Supplemental Security Income ("SSI") program under Title XVI of the Social Security Act, primarily because SSD is "insurance" whereas SSI is means-tested "welfare." However, please be aware that there are often instances in which applicants are eligible for BOTH programs. Certainly, this office represents disabled claimants no matter how much money or wealth these individuals may/may not have.
Social Security Disability "ACE" Calculator
Social Security Disability Workers' Comp Offset Calculator
To be eligible for either SSD or SSI, an individual must have been unable to work, or be expected to remain unable to work, for at least one year. Even if the injured or sick worker has thousands of dollars in the bank, SSD payments will be made on a monthly basis, although SSI payments will not be made unless the injured or sick individual is also legally "indigent." Older workers need not prove they are disabled to the same severity as younger workers under either SSD or SSI. There is no government attorney who will oppose the disabled individual's application for either SSD or SSI benefits, although the proof requirements for a successful claim can be quite exacting.
This office customarily represents adult claimants with SSD and SSI claims, especially because these so commonly occur in conjunction with serious Personal Injury or New York State, Workers' Compensation claims. We also represent on Children's SSI claims simply because we've found these often-complex claims to be particularly rewarding on a professional level.
Therefore, if you need to file or appeal an SSD, SSI, or Child's SSI claim, please
Contact Us so that we can help you through the process as painlessly and quickly as possible. The "word on the street" is that "everyone gets denied on their first application," but that is absolutely false.
Properly prepared claims are likely to be awarded within approximately four to six months of initial application, while those which require greater development and go on to the appeals process will likely take a substantially-greater amount of time. Please note, this office prides itself on moving even difficult appeals through the cumbersome appeals process as quickly as possible.
Also, please see our
Resources page to get started on the necessary forms you'll need in order to retain this office immediately, as well as to submit any application or appeal for either SSD or SSI benefits (adult or child). Please take advantage of our free forms and resources, but please also realize that obtaining these free resources is not likely to produce the same result as obtaining competent legal counsel to prosecute a disability claim.
Next, you should know there may be a partial or total "offset" of Social Security Benefits if an injured worker receives a large award under the state's Workers' Compensation Law. The offset is determined through an algorithm which attempts to first determine the injured worker's Average Current Earnings (or "ACE") prior to the worker becoming disabled. For instance the total monthly benefit available to a worker whose average earnings were $30,000 per year is $2000 under current law. Thus, if the injured worker obtains $1733.33 in monthly Workers' Compensation benefits (the maximum in New York), the worker may only obtain an additional $266.67 in SSD or SSI benefits due to the "offset" provisions in federal law. See the above calculators for assistance in determining your "ACE" or likely offset.
The interplay of state and federal law is very difficult for most people to understand. By contrast, the attorneys in this office are very well-versed in the interaction of these legal provisions. Please
Contact Us now to obtain high quality legal assistance in filing and prosecuting your disability claim(s), no matter whether these occur under state law, federal law, or even under both.
Also, you should know that PART-TIME WORK DOES NOT AUTOMATICALLY DISQUALIFY A CLAIMANT FROM RECEIPT OF SOCIAL SECURITY DISABILITY BENEFITS. Your work will only act as an automatic disqualifyer if you earn more than what the government determines to be Substantial Gainful Activity, or "SGA" over a period of at least nine months (which standard is meant to account for seasonal workers such as teachers).
Please note: this office does not charge any attorney fee/retainer unless and until you prevail on your SSD, SSI, or Child's SSI claim (costs excluded).
Even then, the Social Security Administration will pay our fee directly by taking this out of back-due benefits recovered. This means that no money ever leaves the client's pocket for our attorney fees during the prosecution of a claim, although we still do get paid for our successful representation. Remember, Attorney fees are regulated by statute and the form of our fee contract must be approved by a judge in order for our office to be paid directly from the Social Security Administration.
Finally, not just any attorney can competently represent in SSD and SSI matters. Thus, in order to judge for yourself, see some examples of what our work looks like by reviewing the example legal memos we've placed below:
Document One Legal Memorandum for an Adult SSD Client denied benefits because the Administration claimed the client was not "insured" under the Social Security Act.
Document Two Legal Memorandum for an Adult SSI Client denied benefits under a Section 12.05C claim for mild mental retardation together with additional impairments .
Document Three Legal Memorandum for a Child SSI Client denied benefits due to complexity of the claim plus mistakes by doctors within the child's medical records.
