New York Disability Lawyer

Are you facing challenges with your disability benefits and need legal assistance? A New York Disability Lawyer at Chermol & Fishman, LLC, may be able to help. To learn more and schedule a consultation call 1-888-774-7243. If you retain us, we can guide you through the disability process and fight for the benefits you deserve.

If you cannot work due to a disability, you could potentially qualify for Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits. These benefits are intended to provide financial assistance to individuals who cannot engage in substantial gainful activity due to a physical or mental impairment.

How Can A New York Disability Attorney Help you?

A disabling condition can put a strain on your finances. This stressful situation can become overwhelming when trying to make a disability claim with the SSA. A New York disability attorney provides dedicated support to individuals who qualify for disability to get the benefits they need.

New York Disability Lawyer The application process can be daunting for those who are unfamiliar with it. Experienced legal counsel can allow applicants to pursue their claim with confidence. Your disability lawyer in New York can:

Determine if you are eligible for SSDI or SSI benefits.
Gather medical evidence, proof of your financial situation, and other documents to support your claim.
Complete your application for disability benefits.
Handle additional requests from the SSA.
Represent you during the appeals process, if your application is denied.

How to Apply for Disability Benefits in New York?

If you live in New York and want to file a disability claim with Social Security, you should be informed about the entire application process. You can file a disability claim online, call the Social Security Administration, or visit a local Social Security Office. There are 126 Social Security Offices throughout the state of New York, so you can visit the office nearest to you.

You can apply for Social Security Disability benefits over the phone by calling 800-772-1213. People suffering from hearing ailments can call 800-325-0778. You can also call these numbers to book an in-person appointment with a Social Security representative. If you are unsure about handling the application on your own, a New York disability lawyer can provide you with more information about the process before you contact Social Security.

Legal guidance can be helpful when preparing SSDI or SSI application forms for submission to the SSA. These applications require you to submit certain documentation, including detailed medical and work history information, to prove your disability. An attorney can efficiently collect all the relevant medical records and any other proof required to support your application.

SSDI and SSI Benefits in New York

When a person is experiencing a disabling condition or has become disabled permanently, they can make a disability claim to receive benefits and help with their living expenses. Certain conditions must be met to be eligible for benefits: generally, you must be unable to perform any daily activities or be unable to perform any work. If either of these applies to you, then you could be eligible for one or both of the following disability programs:

Social Security Disability Insurance (SSDI): SSDI provides financial support to disabled individuals who have contributed to Social Security through payroll taxes. Individuals are eligible for SSDI if they have a qualifying disability and have earned sufficient work credits.
Supplemental Security Income (SSI): Supplemental Security Income is different from SSDI. SSI eligibility is not based on work history. Rather, applicants must have a qualifying disability and limited financial resources.

The Social Security Administration (SSA) runs both of these federal programs. This means the application process is the same throughout the country, so you may acquire disability benefits in New York the same way as you would in any other location in the United States.

Eligibility Criteria for Social Security Disability in New York

To be eligible for SSDI or SSI, individuals must have a recognized disability that makes them unable to participate in substantial gainful activity. When you apply for benefits, you will need to show evidence of your condition and its impact on your ability to support yourself.

Social Security Disability: If you are applying for Social Security Disability (SSDI), you will need to meet the recent work test and duration of work test. The recentness of your work history and number of required work credits depends on your age. A disability lawyer can help you determine the number of work credits that you need and if you are eligible. Additionally, your qualifying disability must be expected to last at least 12 months to receive SSDI.
Supplemental Security Income: Those applying for Supplemental Security Income (SSI) do not need to have a work history. Rather, applicants must show that they have limited financial resources and are blind, 65 or older, or have a qualifying disability. Proof of any income or financial resources is necessary to support an SSI claim.

What Types of Disabilities do Disability Lawyers Handle in New York?

At Chermol & Fishman, our disability attorneys are experienced at handling disability claims. We’ve helped clients with various conditions to get the benefits they need.

The SSA recognizes a number of conditions and illnesses that can prevent a person from participating in substantial gainful activity. Some types of disabilities we handle include:

Whether you find yourself disabled after an injury, an autoimmune disorder, or mental health condition, our team is ready to assist you with your SSDI or SSI claim. If you have questions, don’t hesitate to contact us to learn more about your right to receive disability benefits.

What Happens if My Disability Claim is Denied in New York?

There are a few options if your disability claim was denied. Depending on the reason your claim was denied, you may be able to reapply for benefits, apply for different Social Security benefits, or appeal. If your claim is denied, your New York disability attorney will need to determine the reason for the denial. This will help them plan next steps.

Claimants can reapply for benefits at any time as long as they do not have another claim pending. Reapplication can be a useful strategy if you’ve missed the deadline to appeal or if your condition has worsened. If you choose to appeal, you have just 60 days to begin the process.

What Is the Process for Filing a Disability Appeal in NYC?

If you file for disability benefits and your application gets rejected, then you can file an appeal. The appeal process is made up of the following four stages:

Reconsideration: An individual has 2 months to request a reconsideration after an initial application gets denied. In this stage, your documents will be reviewed by a representative of the SSA who was not involved in the previous process.
Hearing by Administrative Law Judge (ALJ): If the reconsideration does not result in your approval, you can request a hearing before an ALJ within 60 days of your reconsideration determination. Having one of our New York social security disability lawyers represent you at these ALJ Hearings can be very helpful.
Review by the Appeals Council: If the ALJ denies your application, you can bring your case to the Social Security Appeals Council. An attorney can explain to you why your claim was denied in the earlier stages and help you submit a request for this stage of review.
Federal court appeals: If the Social Security Appeals Council denies your claim, your final option is to appeal their decision to federal court. With the help of an attorney, you can file a civil action in a U.S. District Court. During the federal court appeals, the court will review all of the evidence and decide whether the Social Security Administration made a mistake in denying your application. This stage is where social security disability attorneys in New York can be especially helpful.

Contact New York Disability Lawyers at Chermol and Fishman, LLC

If you have a worsening medical condition, or suffer an injury leading to a disability, you have to deal with emotional and financial stress. To overcome this hardship, you need monetary support. The Social Security system offers options to help disabled individuals get the benefits they need to provide for themselves and their families.

Getting approved for Social Security benefits can help you get back on your feet. However, the process can be long and complex. Contact an attorney at Chermol & Fishman for a free consultation and to get started on your disability claim.