New York Personal Injury Lawyers / Legal Services / Social Security Disability

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.

SSDI Requirements

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.

SSDI and SSI Filing Deadlines

The Social Security Administration has strict filing requirements and deadlines. Not only must you be sure to cross every “t”, dot every “i”, and carefully answer every question in the lengthy, complicated claim application, you must also be sure to comply with all the filing deadlines. Failure to file in a timely manner can cost you time and money.

For example, failing to file your appeal within the time limits will result in you having to start the entire claim process over, delaying payment of benefits. The Social Security Disability Insurance (SSDI) and Social Security Insurance (SSI) attorneys at Jacoby and Meyers know how to secure disability benefits. For over 40 years, we have provided disabled persons in the New York City area with the type of legal services they need for successful SSDI and SSI claims.

Below are the filing deadlines for each step in the application process:

• Initial Application – As soon as possible so you can obtain benefits as quickly as possible
• Reconsideration of the Initial Claim – Within 60 days of receipt of the initial denial letter
• Administrative Law Hearing – Within 60 days of receipt of denial for reconsideration
• Appeals Court Review – Within 60 days of receipt of administrative law denial
• Federal Court – Within 60 days of receipt of appeals court denial

The skilled and experienced SSDI/SSI attorneys at Jacoby and Meyers understand how the process works and what steps must be taken at each level.  If you or a loved one are applying for, or have been denied, Social Security Disability benefits, contact our attorneys today to schedule a free consultation.

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.

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:

• Back Injuries
• Depression
• Stroke
• Heart Issues
• Arthritis
• Lung Impairment
• Parkinson’s Disease
• Scleroderma
• Diabetes
• Lupus
• Seizures
• Cancer
• Neurological Disorder
• Auto-Immune Disorders

Types of Social Security Benefits

While Social Security is typically associated with benefits for retired workers, the Social Security Administration offers five types of benefits relating to disability:

Social Security Disability Insurance (SSDI). If you have worked a full-time job and have recently become disabled, you may be entitled to Social Security Disability Insurance benefits. The disability must be severe enough to last for at least a year or to end in death, and must prevent you from working. The amount of benefits is based on the amount of money you paid into the Social Security system during the life of your career. The Administration usually requires employment for five of the last ten years prior to the disability. Spouses and child dependents may also receive a form of benefits. The application process is extremely complex and has strict filing and deadline requirements. Applicants are often initially denied benefits. A Social Security Disability lawyer can help you navigate the system and obtain the benefits you need and deserve.

Disabled Widows and Widowers. Disabled individuals who have lost a spouse (or divorced spouse) may be entitled to receive Disabled Widows and Widowers Social Security benefits. To qualify, the individual must be between 50 and 60 years old; meet the administration’s definition of disabled; and have become disabled before or within seven years of the spouse’s death. Additionally, the deceased spouse must have made sufficient contributions to the Social Security system.

Child’s Disability Benefits. A child age 17 or younger who is disabled may also receive Social Security benefits. The child must have a mental or physical condition that severely limits the child’s activities. Similar to adults, this condition must be disabling for at least 12 months or be expected to result in death. Income and resources must also fall within eligibility limits.

Disabled Adult Child Benefits. Children over age 18 who have become disabled before turning 22 may receive Social Security benefits. The benefits also extend to children under the age of 19 who are in full-time school. To qualify under this benefit, one of the child’s parents must be receiving Social Security retirement or disability benefits, or must have died and worked long enough to collect Social Security. An adult child may also qualify for benefits if he/she was disabled at 18 and received dependent benefits on a parent’s Social Security earning record prior to turning 18. Disabled Adult Child benefits continue as long as the child remains disabled.

Supplemental Social Security Income. People who are financially challenged and disabled may also receive Supplemental Social Security Income. This type of benefit is strictly need based. To qualify, you must fall within specific income and asset eligibility limits. There is no requirement to have worked in the past. Individuals who are eligible under the SSI income requirements are also eligible to receive Medicaid.

If you have a disability and believe that you qualify for SSDI or SSI benefits, contact our attorneys today to schedule a free consultation. For over 40 years, we have provided the type of legal assistance disabled persons in the New York City area need to secure Social Security Disability benefits.

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.

Contact Jacoby & Meyers, LLP, through a live chat with one of our representatives, our online contact form, or at (877) 565-2993 today.

Jacoby & Meyers, LLP
39 Broadway Suite 1910,
New York, NY 10006
(212)-445-7000

Client Testimonials

“If it were not for the integral legal team of experts at Jacoby & Meyers I would not be where I am today with my recovery. I highly recommend hiring Jacoby & Meyers should you ever find yourself injured in an accident, and an individual or company needs to be held accountable for their negligence.” -C.J.
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