Retirement is not the only time in life when Social Security benefits can be important. In fact, Social Security benefits can play a key role in helping those that have become disabled for a number of reasons. When an individual becomes disabled due to medically related problems and can no longer work they are often eligible for Social Security benefits. In many cases today a disabled individual will file a disability claim only to find that they have been denied benefits for various reasons. This is the ideal time to contact an attorney that specializes in this type of law. While benefits are typically determined by how severe the medical conditions are with regard to an individual, the process is not always perfect. A lawyer that specializes in disability cases can help a client to file a relevant claim or appeal when a claim has been denied.
Each Program Has Unique Eligibility Requirements
Depending on the length of time that a disabled person has been unable to work an attorney can help that claimant to recover compensatory losses. There are two distinct financial assistance programs offered by the Social Security Administration for those with medical concerns that limit their ability to work. These two programs are the Social Security Disability (SSD) and the Social Security Disability Income (SSDI) program. Each of these programs has unique eligibility requirements. Typically, SSD qualification requires that an individual be medically prevented from working for over one year. While each state is different in terms of qualification requirements, it is generally accepted that disabled people should be able to access benefits that they are entitled to in order to survive from day to day.
Short-Term Disability Benefits
With SSDI there must be a demonstration of financial need. In most instances an individual can continue to work while receiving SSDI. The application process is different as compared to SSD and requires there be a full disclosure of an applicants total financial resources. This would include everything from assets to investments and wages. Those living in New York City will find that the state on New York also makes available certain benefits to the disabled that are unable to work. In many instances, NY State will provide short-term benefits designed to act as a bridge until such time that regular Social Security benefits become available. New York law also requires that employers make available short-term disability benefits that will assist employees that experience injury or illness outside of work. State rules allow for employers to collect employee contributions as a way of offsetting the cost of making disability insurance available.
Appeal Any Rejected Social Security Application
From New York State Disability to Social Security Disability there are many laws in place intended to help people that simply cannot work due to injury of illness. The important thing to understand is that not all SSD and SSDI claims are approved. With that said it is important to note that a disapproved claim does not necessarily mean that an individual is ineligible for Benefits. Applicants have a right and in some sense an obligation to appeal any rejected Social Security application that has been denied. Along with the right of appeal an individual always has the right to legal counsel. Having an attorney that specializes in disability related legal issues represent you can have a profound effect on the outcome of your claim. A lawyer is experienced enough to handle such cases and has the required knowledge to organize things better, in a professional way. When in doubt, consult with a legal professional that knows and understands disability law. Disability claims can be complex and because each case is unique it is good practice to consult with a New York social security disability lawyer that has worked with insurance laws of this kind in the past.
The information contained herein no way constitutes legal advice and should be viewed as opinion and educational only. Consult your local and sate laws and a bar certified attorney regarding specific and applicable laws for you region.