The Social Security Act provides two types of benefits for disabled individuals: Social Security Disability (SSDI) and Supplemental Security Income (SSI). It can be difficult to understand your options. Miller & Caggiano, LLP, is here to help. We have worked with clients throughout New York for over 30 years to help them obtain the disability benefits to which they are entitled.
The Specifics Of Social Security Disability Insurance
Social Security Disability Insurance benefits are available to individuals who have worked and contributed to the federal government’s Social Security trust funds. These contributions are paid by an employee, in the form of payroll taxes deducted from your weekly paycheck. You earn quarters of coverage based upon your tax contribution. To qualify for SSDI benefits, you must have worked for a long enough period prior to your disability. To meet the required number of quarters, an individual must work five out of the last 10 years. Younger workers may also qualify with fewer quarters.
What Is Supplemental Security Income?
Supplemental Security Income is a need-based benefit for disabled individuals who are not covered by the SSDI program for lack of enough quarters worked. These benefits are determined based on household income and assets. The standard in determining whether an individual is disabled is the same as the standard set forth for SSD.
When Is The Correct Time To File?
When filing for SSD/SSI benefits, the applicant must be out of work or expect to be out of work for one year consecutively. Failure to file an application at least 12 months after you stop working may result in receiving fewer retroactive benefits for the applicant and their dependents. There is a five-month waiting period from the date of disablement before an applicant can receive benefits. If you suffered a disabling injury or illness in the workplace, workers’ compensation benefits may also come into play. We can help you determine how these benefits may work together.
Filing The Initial Application
To commence a claim, you must file an application with the local Social Security district office. This process can be completed either in person, over the phone or online via the Social Security website. Thereafter, the application is forwarded to the state agency for medical development. The majority of applications are denied at the initial level. This is in no way an indication of your true disability status.
Taking Action After A Denied SSDI or SSI Application
If you are denied at the initial level, you must file a request for reconsideration within 60 days of the date of the denial. Reconsideration is the first step in appealing a denial of benefits. During this process, a different claims examiner, other than the one who denied your claim, will perform a repeat review of the claim and issue a new decision. If after the reconsideration stage, your claim is still denied, an appeal of this determination must be filed within 60 days. The appeal is in the form of a request for a hearing before a federal administrative law judge. This is when it is of the utmost importance that all the medical records are reviewed, updated and prepared for proper submission. It is possible at this stage to receive a favorable decision before the hearing but after the initial and reconsideration denials.
Attending A Hearing
If we do proceed to a hearing before the federal administrative law judge, a clear and concise picture must be presented through your testimony and the medical evidence in the record. An administrative law judge will not render a decision at the hearing. A written decision will be sent within approximately six weeks. With a favorable decision, benefits usually begin soon thereafter. If the decision is not favorable, an appeal to the Appeals Council must be filed within 60 days.
Answering Your Questions
When you have questions about SSD benefits, we can provide you with the information you are looking for. Some common questions we answer include:
Can I Work While Receiving Benefits?
Yes. There are special rules put into place in order to help people pay their bills while still receiving Social Security. There may be a trial period in order to test whether or not you can safely work.
How Long Does It Take For Them To Make A Decision?
Every case is different, and it depends on a few things. The nature of your disability, how quickly medical evidence can be gathered and the quality of your claim are all important factors. Our goal is to make the process as efficient as possible.
What Is The Difference Between Social Security Disability Insurance (SSDI) And Supplemental Security Income (SSI)?
Social Security benefits are paid to workers who have worked long enough to contribute to the Social Security system and are based on earnings. SSI payments are based on the need of those who have not worked long enough to be eligible for SSD.
Seek The SSD Benefits You Deserve
We are here to answer your questions. We have two convenient office locations in Bohemia and Garden City and serve clients throughout Long Island and New York State. To schedule a free initial consultation, call 866-26-FIGHT or reach out online.