Learn About the Requirements for Obtaining Social Security Disability (SSD) Benefits in New York
If you have been severely injured or became gravely ill, Social Security Disability benefits (SSD) and Social Security Disability Insurance (SSDI) can be a lifeline. The government program pays you benefits if a permanent disability renders you unable to earn income. The Social Security Administration (SSA) imposes strict criteria on SSD eligibility. A mistake on your application or confusion about the rules can result in a delay or denial of a valid claim. Fortunately, a knowledgeable disability attorney at our firm can assist.
Turley Redmond Rosasco & Rosasco has nearly 30 years of experience helping people with disabilities recover benefits and damages for serious medical conditions. We conduct a full analysis of your situation to determine the full range of benefits you are eligible for and file successful applications for SSD, workers’ compensation or other programs.
Do You Have a Permanent Disability?
The Social Security Administration (SSA) defines “disability” differently than other government programs. Therefore, you may meet the definition of disability under workers’ compensation laws or recover for a disability in a personal injury lawsuit and yet not be eligible for SSD. For the purposes of SSD, you are disabled if:
- You can no longer perform the work you did before your medical condition
- You cannot perform alternative work because of your medical condition
- The disability has lasted for at least one year, is expected to last at least one year or is expected to be terminal
How Your Income Affects Eligibility
The SSA disqualifies disability benefit applicants that earn to much income. The standard is very low, but increases incrementally annually. For example, in 2017, you would not qualify for SSD benefits if you earned more than $1,170 on average each month. In addition to job income, you must report income from other sources, including:
- Workers’ compensation benefits
- Veterans benefits
- Unemployment compensation
- Disaster relief
- Alimony and child support
- Personal injury settlements
- New York disability benefits
- Rental income
- Stock dividends
- Assistance from loved ones
Severity of Your Medical Condition
Social Security disability benefits are only available to individuals with severe injuries or illnesses. To assess the severity of your medical condition, the SSA first determines whether it interferes with basic work-related tasks. Upon a finding that it does, the SSA checks whether your condition is included on its listing of impairments. Conditions on this list are automatically deemed disabilities. Conditions not on the list are subject to an independent review by the SSA to determine whether they are comparably severe.
Returning to Work
You may still qualify if your medical condition does not equal the severity of the listing of impairments. First, the SSA considers whether the condition interferes with job-related tasks. Next, the SSA assesses whether you could perform other work considering your education, experience, age and transferable skillset.
Workers pay into the Social Security system with each paycheck. The SSA tracks your contributions through work credits. The number of credits you need and have earned depends upon your age when you acquired a disability and whether you have gaps in your work history.
Recover Your Rightful Benefits With the Help of an Experienced Disability Attorney
Do you qualify for Social Security Disability benefits? A disability attorney at Turley Redmond Rosasco & Rosasco will conduct a free claims assessment and help you recover the benefits you are entitled to. Contact us today for assistance. We serve clients in Riverhead, Shirley, Ronkonkoma, Garden City, and New York City.