Long Term Disability

Helping Disability Recipients in Long Island and New York City Obtain SSD Benefits 

Social Security Disability (SSD) pays benefits to qualified recipients with disabilities. But, determining whether you qualify can be challenging. Even if you are sure you do qualify, applying for benefits is an arduous, lengthy and uncertain process. Fortunately, an experienced team of long-term disability lawyers can help you recover the social security benefits you deserve.

Turley Redmond & Rosasco provides a candid assessment of whether you are eligible for Social Security Disability and other types of benefits and helps you to obtain your rightful compensation. Contact our New York and Long Island disability lawyers today to learn more about your rights and options. 

What Types of Conditions Are Considered Long Term Disabilities by the Social Security Administration?

Social Security regulations define “disability” very specifically as “a medical condition that’s expected to last at least one year or result in death.” The Social Security Administration (SSA) does not deviate from the one-year time period, except if the disability does, or is expected to, result in death.

Even a very serious disability does not meet the SSA’s definition of disability if you recover within the year. This does not mean you have no recourse, just that you will not likely succeed on a Social Security Disability Insurance (SSDI) application. Other programs, such as workers’ compensation, may pay you benefits for certain disabilities, however. Our long-term disability lawyers will conduct a complete analysis of your claim and explain the benefits you may be entitled to.

Do You Qualify for Social Security Disability?

The SSA decides whether you qualify for social security disability by conducting a step-by-step assessment of your claim. Questions include:

Are you working and, if so, what are your earnings?

If you are working, the SSA will make inquiries into your earnings. SSDI is available only if your wages fall below a certain amount that is updated yearly. If you earn too much, you do not qualify. If you are not working or you make less than the threshold, the administration asks the next question. 

Do you have a “severe” medical condition?

The Social Security Administration has established its own criteria for what is considered “severe” that may be different than other programs. The SSA considers your condition severe if it significantly limits your ability to perform basic activities, including walking, sitting, standing, lifting, communicating, and remembering, for at least one year. If you can still perform basic work functions or your restrictions last less than 12 months, you do not qualify. Otherwise, the SAA moves to question three.

Is your condition included on the Listing of Impairments?

The SSA’s Listing of Impairments contains descriptions of numerous serious conditions, including cancers, mental disorders, cardiovascular disease, and dozens of other categories, that qualify as a disability. You may also have an unlisted but equivalently serious condition that the SSA approves.

Can you do the work you performed before the disability?

Unless your condition interferes with your prior job functions, you do not qualify, regardless of how severe your condition is otherwise.

Can you perform any type of work?

If you cannot return to your former occupation but can find other gainful employment, considering your age, education, skillset, and experience, you do not qualify. The SSA will determine that you are disabled if you cannot do another type of job.

Breaking Down Long-Term Disability Claims

Social Security Disability Insurance (or SSDI for short), is a federal program that provides benefits to individuals who have suffered injuries or illnesses that prevent them from engaging in gainful employment. It is available to disabled workers who are insured by the program, which requires that they have worked for a certain length of time and paid Social Security taxes into the program. Workers who have paid into the system and who are able to demonstrate that their disability will prevent them from working for at least 12 months are eligible to apply. If you have questions about your eligibility, contact a long-term disability lawyer at our firm for assistance.

How Does the Social Security Administration Define Disability?

A key eligibility requirement for long-term disability benefits is that the applicant is disabled. But how does the Social Security Administration (SSA), the government agency that administers the program, decide whether an individual is “disabled”? To do so, the agency examines a number of factors, such as:

• Whether the applicant is currently working
• Whether the applicant’s condition is “severe” (i.e., it limits his or her ability to perform basic motor tasks like standing, walking, and lifting)
• Whether the applicant’s injury or illness is on the SSA’s official registry of disabling impairments (if it is not, the applicant must prove that the condition is at least as serious as a listed impairment)
• Whether the applicant is capable of performing in their previous profession
• Whether the applicant is capable of transitioning to a different line of work

What Benefits Are Available?

The SSDI program provides cash benefits to those who qualify. The amount varies from person to person, as it is based on the amount of income on which the recipient has paid Social Security taxes over the course of their career. The SSA then calculates an average monthly amount that the recipient has paid (known as the Average Indexed Monthly Earnings) and then applies a complex weighted formula to that amount to calculate the recipient’s primary insurance amount (PIA). While each recipient’s benefits will vary, the maximum monthly benefit that a recipient may receive in 2019 is $2,861.  You are encouraged to speak to our long-term disability lawyers to ensure you have the most up-to-date information as it pertains to your specific situation.

The Application Process

To apply for long-term disability, the applicant must first submit a Disability Benefit Application to the SSA. This application requires the applicant to disclose certain information, including:

• Information about the applicant (birth date, place of birth, Social Security number, bank account information, etc.)
• Information about the applicant’s medical condition (contact information for doctors, names of medicines taken, dates and results of medical tests, etc.)
• Information about the applicant’s work (salary, name, and address of employer, work history, etc.).

The SSA will then make an initial determination as to the applicant’s eligibility and may request that he or she undergo a further medical examination. The agency will then inform the applicant of its initial decision.

Learn More About Your Rightful SSDI Benefits During a Free Consultation with Our Long-Term Disability Lawyers

Get the guidance you need to navigate through the SSA system with the help of Turley Redmond & Rosasco. Our long-term disability lawyers offer free consultations where you can learn more about the qualifications and process of obtaining SSDI benefits. Call us today at 800-671-4927 or contact us online to schedule a consult. We assist clients throughout New York and Long Island, including Ronkonkoma, Shirley, and Garden City.