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The Social Security system offers an important financial safety net for anyone who isn’t able to work because of an injury or medical condition. You pay into the Social Security program over the course of your career so that those benefits are available if and when you need them.
A Garden City Social Security attorney at Turley Redmond & Rosasco can help. Our lawyers draw on decades of combined legal experience to help the people that we represent get the benefits they deserve. We also have a strong track record of successfully obtaining benefits for the people that we represent.
Eligibility for Benefits
Social Security Disability is a form of insurance. The program makes benefits available to people who are unable to work for a year or more because of a physical or mental impairment, or combination of impairments. The amount of the benefit varies based on the person’s earnings before he or she became disabled. The maximum benefit was $2,800 per month last year.
To obtain benefits, you have to file a claim with the Social Security Administration (SSA). The claims process can be timely and complex. It may also require filing various appeals, even for some people who are clearly eligible for benefits. That’s why it’s critical to have an experienced Social Security Disability attorney by your side every step of the way.
A person seeking Social Security Disability benefits has to prove that he or she is disabled, as that term is defined by law. That means presenting sufficient medical evidence to detail your impairments and their impact on your ability to work. It may also involve presenting witness and other testimony to support your claim.
Unfortunately, many viable claims are initially denied by the Social Security Administration. The good news is that the next step—taking the claim to an SSA administrative law judge—is often the best opportunity to get approved for benefits. That’s because you have the opportunity to present your claim in the most clear and compelling manner directly to the judge.
Appealing Denied SSDI Claims
Social Security Disability benefits offer a crucial safety net for anyone who can’t work for a year or more due to an illness, injury or other medical condition. They can also be difficult to obtain, even for some people who appear clearly eligible for benefits. That’s why it is vital that a person seeking benefits consult an experienced attorney.
The Garden City SSDI lawyers at Turley Redmond & Rosasco can help. We are a full-service firm whose attorneys have decades of combined legal experience in Social Security Disability cases. We also have a strong track record of successfully obtaining benefits for the people that we represent.
The Appeals Process
To get benefits, you have to file a claim with the Social Security Administration. You first have to show that you’re under the age of 65 and have paid a certain amount in taxes into the system. You also have to prove that you have an illness, injury, or other medical condition that has prevented you from working for at least one year or is expected to prevent you from working for at least one year.
Unfortunately, the SSA initially denies vast majority of claims filed (70 percent). That means you have to request the SSA to reconsider the decision and likely seek a hearing before an administrative law judge in order to keep your claim alive. You only have 60 days from receipt of a denial letter to start the appeal process.
These are the steps in the appeal process:
- Reconsideration: Requesting reconsideration means asking an SSA agent who wasn’t involved in the initial decision to take a look at your claim. It also creates the opportunity to present new evidence, which can be crucial to getting the claim approved.
- ALJ Hearing: An administrative law judge reviews the initial decision and the reconsideration decision in a hearing. This is another opportunity to submit evidence and to make your case in person, before the judge. Hearings are typically held within 75 miles of the benefits seeker’s home and can also be conducted by video.
- Appeals Council Review: If the judge agrees with the decision to deny your claim, you can ask the SSA appeals council to review the judge’s decision. The council can affirm the decision, reverse it or send the case back to the ALJ for additional review.
- Federal Court Review: This is the last option for a person whose claim is denied. You can ask a federal judge to review the decision, and you have an opportunity to make arguments, with the help of a lawyer.
How a Garden City Social Security Attorney Can Help You
If you or a loved one is considering seeking Social Security Disability benefits, it’s vital that you get the advice and counsel of a seasoned lawyer. A Garden City Social Security attorney at Turley Redmond & Rosasco, L.L.P. has significant experience helping people prepare, file, and defend disability benefits claims. We also have a record of proven success in the application process.
Our lawyers pride themselves on the personal attention that we give to each and every client. Attorneys work directly with clients to understand their unique individual circumstances and craft an approach that meets their needs.
To schedule an appointment with a Garden City Social Security attorney, call 516-745-5666 or contact us online. We offer a free consultation, with convenient office locations in Garden City, as well as Shirley and Ronkonkoma.
Garden City Social Security FAQs
Social Security Disability benefits are an important safety net for people who can’t work because of an injury, illness, or medical condition. The benefits offer cash payments to those whose claims are approved. Here are some of the most common questions for people considering filing a benefits claim.
Who is Eligible for Social Security Disability Benefits?
Benefits are available for anyone who is unable to perform what the Social Security Administration calls “substantial gainful activity” because of an injury, illness or other medical condition. The SSA determines your ability to perform your current job or other jobs likely to be available by gauging what it calls “residual functional capacity,” or the ability to work despite an impairment.
What’s the Difference Between Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI)?
SSI benefits are available for adults and children who are disabled or blind and have limited income and resources. SSDI benefits are for disabled persons, their spouses and children, regardless of income and resources, if the disabled person has made sufficient payments into the Social Security system.
How Do I Apply for Benefits?
To obtain benefits, you have to file an application with the Social Security Administration. The application is initially reviewed by a state office to determine if you are eligible for benefits.
What Happens if the SSA Rejects My Application?
You have the right to appeal the decision. That starts with asking the SSA to reconsider the decision, which you must do within 60 days to keep the appeal alive. You can also request a hearing before an Administrative Law Judge, which is often the best opportunity to prove your case. Additional appeals to the SSA Appeals Council and a federal court are also options.
How Can an Experienced Garden City Disability Attorney Help Me Get Benefits?
A seasoned Social Security disability benefits lawyer can gather all of the necessary evidence and present it to the SSA in the most convincing fashion. Lawyers who focus on disability cases often understand what the agency is looking for when it decides whether to approve benefits. An attorney can also argue your case in front of the Administrative Law Judge, if necessary.
585 Stewart Avenue,
Suite 580
Garden City, NY, 11530
Phone: 516-745-5666
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