A disability can have a traumatic impact both emotionally and financially on you and your family. The New York and New Jersey Social Security disability lawyers at Ginarte Gonzalez Winograd L.L.P., understand how confusing and complicated the Social Security Disability system can be. We are here to help you navigate the process.
Obtaining approval for either a Social Security Disability Insurance (SSDI) or a Supplemental Security Income (SSI) claim can be a long and frustrating process. In the meantime, claimants are often drowning financially as a result of the disability that prompted the claim.
Our SSDI and SSI attorneys can help you move your claim through the system as quickly as possible while doing everything we can to ensure that you receive the maximum benefits you deserve. If you have already received an initial denial of your claim, our lawyers can help you appeal the decision, and work to get you the benefits you need and are entitled to receive.
Contact the Ginarte law firm’s disability benefits lawyers today. Call us now at 1-888-GINARTE (1-888-446-2783), or fill out our online form. Consultations are free. We collect fees only if you win your case.
NY & NJ Social Security Disability Claims
In order to qualify for SSDI, a claimant must pass a two-part test. First, you must have earned sufficient wages during your lifetime. Second, you must have a qualifying medical condition according to the Social Security Administration (SSA).
The wage issue can be complicated because the age of the claimant at the time of application determines how the test is applied. For most claimants, you will need 40 credits worth of work to qualify. When those credits must have been earned, and the amount of wages needed to earn the credit vary, and are subject to change from one year to the next.
The second part of the test looks at your disability. To qualify for SSDI benefits, you must have a medical condition that has lasted, or is expected to last, for at least one year, or is expected to result in death. In addition, you must not be able to do the work you did before, and you must not be able to adjust to new work as a result of the medical condition.
Some conditions are presumed to qualify for SSDI. However, simply having a condition on the list does not guarantee approval of your application. You typically must also show that the condition prevents you from working. There are also many other conditions that can qualify for SSDI benefits.
As much as 70 percent of initial applications for SSD are denied. Some of these denials are for technical reasons, such as the applicant’s failure to fill out a form correctly or failure to submit the required documentation. Others are because the SSA is not convinced that the applicant’s disability is serious enough to qualify for benefits. Given the fact that the initial decision typically takes over seven months, it is crucial that a claimant properly prepare and submit the initial application.
If a claim is denied, the claimant has an automatic right to appeal the denial. The appeal must be submitted within the time frame allowed by the SSA in order to preserve the claimant’s rights. The appeal process can also be long and complicated, making the assistance of an experienced New York and New Jersey SSDI lawyer critical.
NY & NJ Supplemental Security Income Claims
The SSI program is similar to, but somewhat different from, SSDI. While the same disability requirement applies, as well as the same definition of disability, the work requirement does not apply. But unlike SSDI, there is a needs-based test to determine eligibility for SSI.
The SSI program is intended to provide assistance to low-income disabled individuals or those who have never earned wages, such as children. There are certain circumstances where it may be possible to receive both SSDI and SSI benefits. Working with an experienced disability benefits lawyer can help you make sure that you don’t miss out on any benefits you might deserve.
Get Help From Our NY & NJ Social Security Disability Benefits Lawyers Now
Although the application and appeals process for both SSDI and SSI can seem as though they are geared toward discouraging applicants, do not give up even if your initial application was rejected.
The Social Security disability lawyers at the Ginarte law firm have the experience and the dedication to help you receive all the benefits you are entitled to. Contact us today by calling 1-888-GINARTE (1-888-446-2783) or fill out our online form for a free consultation, or visit us at one of our eight offices in the NY / NJ metro area: Manhattan, Queens, Newark, Union City, Elizabeth, Clifton, Perth Amboy and New Brunswick.