Have you been told you’re not entitled to Social Security benefits, or that your payment amounts are going to be reduced? Or have you just encountered a problem with your Social Security application that you don’t know how to solve? If so, our New York City Social Security disability lawyers may be able to help you.

Social Security benefits are supposed to be available to anyone with injuries, illnesses, or disabilities that prevent them from earning a living. If you’re genuinely incapable of working, you may be entitled to receive payments. The specific Social Security program that applies to you will depend on the nature of your condition, as well as other factors.

How Our New York City Social Security Disability Lawyers Can Help You

The Social Security disability lawyers at Tucker Lawyers PC know how best to maximize your potential benefits. The Social Security Administration provides benefits to disabled individuals under two programs: Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI).

It’s beyond the scope of this article to fully outline the requirements you’ll need to meet to qualify for either of these programs. The authorities take many things into account when deciding whether to grant benefits; if you’re concerned about your entitlements, you should consult with a Social Security disability attorney in NYC to discuss your own situation in detail.

Supplemental Security Income (SSI)

Supplemental Security Income (SSI) provides stipends to low-income individuals who are elderly (65 or older), blind, or disabled. SSI benefits are needs-based, meaning they’re determined by your income and resources rather than your work history. Although the Social Security Administration is in charge of this program, it’s financed by general tax revenues, not Social Security taxes.

To qualify for SSI, you must:

  • Be over 65, blind, or disabled (according to the Social Security Administration’s definition of disability). It’s important to note that no SSA benefits are available for individuals with partial or short-term disabilities; only claimants with total, long-lasting disabilities are eligible.
  • Have a limited income (accounting for earnings as well as things like free food or accommodation you may have access to) and limited resources.
  • Reside in the U.S. or the Northern Mariana Islands and be either a U.S. citizen or a qualifying noncitizen.

Social Security Disability Insurance (SSDI)

Social Security Disability Insurance (SSDI) is designed to provide income to people who are unable to work due to a disability, and to their families. However, unlike SSI, SSDI does not pay out on the basis of financial need. Instead, your work history and the amount of Social Security taxes you’ve paid dictate your benefit entitlements.

Per the SSA website, in order to qualify for benefits under the SSDI program, you must:

  • Earn the required number of credits by working and paying Social Security taxes.
  • Meet the SSA’s definition of disability (this is the same definition that applies to SSI applications).

The intricacies of qualification under Social Security guidelines can be hard to understand, but our dedicated Social Security disability lawyers can take factors such as work history, assets, and income into account to figure how much coverage you qualify for. Failing to correctly fill out the application or misrepresenting your claim can lead to denial by the Social Security board.

Unrepresented claimants often run into trouble when submitting their application.

Why Choose a New York City Social Security Disability Attorney From Tucker Lawyers PC?

The Social Security disability lawyers at Tucker have a wealth of experience when it comes to helping people in their hour of need. We work on a variety of case types related to disability and work injuries, so we know exactly what we’re doing when it comes to claims like yours. Crucially, however, we also know how emotionally draining it can be to face financial disaster because of complex claim requirements and red tape. If you come to us, we’ll be here for you every step of the way.

Frequently Asked Questions (FAQs)

How does the Social Security Administration define “disability?”

The Social Security Administration (SSA) regards you as disabled if you cannot engage in “substantial gainful activity” (SGA) due to a health condition that has lasted 12 months, is expected to last for at least 12 months, or is expected to eventually cause your death. The disability must be severe enough that you can’t do the work you did previously. Also, the SSA must be satisfied that your condition would prevent you from adjusting to other work.

Do I need a lawyer to file a Social Security Disability claim or appeal?

While you don’t need to hire a lawyer to file a claim or appeal a denial, it can be beneficial. SSA applications are complex, and you may struggle to properly complete your claim without expert legal help. If you’ve already submitted your claim, though, there’s no need to worry; a lawyer can help with the appeal process in the event your application is denied.

Can I receive Social Security Disability Benefits if I have never worked?

If you’ve never worked, you likely won’t be entitled to receive SSDI, as these benefits are based on your work history and the Social Security taxes you’ve paid. However, you may be eligible for Supplemental Security Income (SSI) if you’re disabled and have limited income and resources. You may also be eligible for SSDI benefits based on a spouse’s or parent’s work record.

Can I work while receiving Social Security Disability Benefits?

Yes, you can work while receiving SSDI benefits, but there are restrictions. The SSA allows you to test your ability to work during a “trial work period,” during which you can continue to get full benefits as long as you report your work and continue to suffer from your disability. The applicable rules and requirements depend on your condition, your earnings, and whether you’re self-employed.

How much work history do I need to qualify for SSDI?

SSDI work credits are accumulated by working and paying into Social Security through your taxes. In 2023, you can earn one credit for every $1,640 in earnings, up to a maximum of four credits per year. The number of credits needed to qualify for SSDI depends on your age at the time you became disabled. However, most workers need at least 20 credits in the 10 years immediately before the onset of disability.

What information do I need to apply for Social Security Disability Benefits? When applying for SSDI, you need:

  • Proof of your age, such as a driver’s license or official state ID.
  • Your Social Security number.
  • Names of any medications you’re taking and information about dosages and other relevant details.
  • Medical records from all health care providers you’ve visited for treatment. This may include your primary care physician as well as any other specialists, hospitals, clinics, or case workers who provided treatment.
  • Test results.
  • Records of your work history.
  • A copy of your most recent W-2 form or federal tax return if you’re self-employed.

Contact Our Social Security Disability Lawyers in NYC

Social Security is often the last line of defense between disabled individuals and major financial difficulty. If you’re struggling with some aspect of your application and you don’t know where to turn, schedule a consultation with one of our Social Security disability lawyers.

You can reach us via our website or over the phone at (516) 399-2364. Remember, we don’t charge legal fees unless we secure compensation for you, so there’s no risk for you in coming to tell us your story.

john tucker

Managing Attorney John. J. Tucker, Esq.

John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]

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