Social Security Disability Benefits

The time it takes to obtain benefits varies widely from case to case because of delays caused by the Social Security Administration. If you retain a lawyer prior to filing a claim with the Social Security Administration, you may increase your chances of winning at the first level.

How It Works

Social Security Disability Benefits (SSDB) and Supplemental Security Income (SSI) both require that a person (called a “claimant”) suffer from a condition, disease or impairment which has lasted or is expected to last for twelve (12) months or result in death, and that the claimant is unable to work.  The difference between SSDB and SSI is that SSDB pays more. SSDB is available to those who are “insured”. “Insured” means that you have worked a required number of “quarters” of a year and that you worked approximately five (5) years out of the last ten (10) years before you became disabled. In addition to the monthly benefits checks, SSDB cases may pay retroactive benefits for as much as one year prior to the date of application.

SSI is based upon low income requirements and disability and pays a maximum in New York of about $724 per month. In addition to the monthly benefits check, SSI cases usually pay retroactive benefits for the date you submitted your application.

The Procedure

Applications for benefits are made at your local Social Security office. The address of your local office can be obtained by calling 1-800-772-1213.

At the Hearing level, your chances of success are probably better if you are represented by an attorney than if you are not represented. Your attorney will tell you what to expect and will provide you with a list of the questions that the judges usually asks.

Disability

Disability means you are unable to work because of any medically determinable physical or mental impairment which can be expected to result in death or last for a continuous period of not less than twelve (12) months. This can mean different things in different cases because the law also says that you are disabled if your impairment is so severe that you cannot do your previous work and cannot, considering your age, education and work experience, engage in any other work. This means that each case must be looked at individually.

The “Listings”

The Social Security Regulations include the “listings” which describe how severe a disease, condition or impairment must be for the Social Security Administration to consider it disabling. If your condition does not meet the listings, you may still be considered disabled if you have several different conditions which together make you disabled. The regulations also consider age, education, work experience and the ability to speak English.

The Evidence

Medical reports are the most important evidence. The law requires the Judge to give great weight to a report by a treating physician. Such a report, giving your history, symptoms, tests and test results, diagnosis, and prognosis, can win the case if the report shows that your condition is as severe as the listings require. Witnesses are rare in Social Security Hearings because most doctors will charge a lot of money to appear and testify. Testimony from family and/or friends is only useful when the Claimant cannot describe his own problems.

If you think that you may have a claim that qualifies for Social Security benefits, call us today for a free evaluation.