Social Security Disability

If you are in need of representation for your Social Security Disability, call us now at (585) 232-3240.



Social Security Disability

Social Security Disability ("SSD") Insurance is available for all disabled workers who have worked long enough to earn the required amount of work credits to be insured for benefits AND meet SSA’s disability criteria (some younger workers who may not have had the opportunity to earn enough work credits based on their age may also be insured under this program if they are injured or become sick to a disabling degree). SSD is a government-administered long term 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 a means-tested benefit and includes a financial/resource threshold one must be under before disability can be looked at. However, please be aware that there are often instances in which applicants are eligible for BOTH programs. 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. This office customarily represents adult claimants with SSD and SSI claims at several procedural stages of a claim.

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 not always the case. 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 or any other disability-based benefit. 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. The most accurate way to obtain your ACE is to call the Social Security Administration and request such information. You should also request your “Primary Insurance Amount” or “PIA” for close calculation estimations to determine whether or not an offset, or reduction, will apply to you, personally. 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 disqualification 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.