Social Security Disability Lawyers NY - OGA Law Firm

The Disability Determination Services department denies about 65 percent of initial applications. Our Social Security disability law firm helps our clients avoid denials and win appeals.

New York State Social Security Disability (SSDI) Law Firm Ouimette, Goldstein, & Andrews Serving Clients of the Hudson Valley for Over 46 Years

The Social Security Disability Insurance (SSDI) program supports disabled individuals who have paid social security taxes on their earnings. Individuals must have a mental or physical disability that prevents them from working to qualify. The applicant must also meet the established requirement of working long enough to have contributed to the social security program.



The U.S. government uses work credits to determine eligibility. People can receive a maximum of 4 credits per year. It takes 40 credits to qualify for disability, with young workers often granted exceptions. The amount of income earned determines the number of credits. In 2022, the requirement was $1,510 in earned wages for one work credit. At least 20 work credits must have come from employment in the previous ten years before becoming disabled.

SSDI makes monthly payments to those with a recognized and verifiable disability that will last at least a year or cause death. Applicants can file a claim if they have worked or are working but cannot make enough to support themselves because of limits from their disability. People must meet the substantial gainful activity (SGA) guidelines of $1,350 ($2,260 if blind) per month or less. The income limit can change each year.

Supplemental Security Income (SSI)

The Social Security Administration manages the Supplemental Security Income program (SSI). SSI pays benefits to people who are age 65 or older or who have a disability. Children who are blind or disabled can also qualify for SSI payments. To qualify, people must be low-income U.S. citizens or qualifying aliens with limited financial resources. Other restrictions also apply. Applicants must pass a means test and earn under a specific income limit per month to qualify. In addition, recipients must consistently report to the department any lifestyle changes that could affect their financial means.

Physical Impairments

Our Social Security disability attorneys can help people determine if they meet the standard for a physical impairment. The government considers a physical impairment as something that impacts or affects one or more body systems and prevents individuals from working enough to support their needs. Temporary impairments like a broken leg or short-term ailment will not meet the standard. The government has 13 categories of physical impairments they accept. Qualification depends on the claimed disability appearing on the list, and the applicant must meet the severity standards for that condition.

Mental Impairments

Mental impairments can qualify as a disability if it prevents the applicant from performing what the department refers to as daily life activities. The government defines these activities as using basic senses, the ability to care for oneself, control behaviors, and perform tasks expected and necessary for daily life. In addition, the individual must have professionally backed proof of a substantial impairment. Some accepted conditions in this category include dementia, autism spectrum disorder, and eating disorders.

Application Process

The application process for disability claims begins within the initial application. In the initial application, the applicant will claim the date their disability began and the reasons they are disabled and unable to work. A decision on the initial application usually takes several months. Having your attorney obtain and submit medical evidence supporting your inability to work at this initial application stage is important..

Reconsiderations

If the initial application for Social Security disability benefits is denied, the next step is to file a request for reconsideration. There is a strict deadline to file the request for reconsideration. If you are denied at the initial level, you should contact your Social Security disability lawyer immediately. At this stage, the attorney should submit additional medical evidence to continue to demonstrate that the disabled person is unable to work. The request for reconsideration decision will also take several months.

Hearings

If the request for reconsideration is denied, a timely request for a hearing must be filed. There is a strict deadline to file the request for a hearing. At the hearing level, an Administrative Law Judge will review the medical evidence and take testimony from the claimant and expert witnesses. It is necessary for the claimant to be properly prepared for the hearing as they will be testimony under oath that will be vital to the claim.

Appeals

If the claimant is denied at the hearing level, the next step would be to file an appeal to the appeals Council in a timely fashion and then, if necessary, an appeal to the United States District Court. 

The lawyers at OGA have successfully represented claimants from the initial application through appeals at the United States District Court. Please contact our office for a consultation today to discuss your claim.

Additional References

• Social Security Disability Benefits - Social Security Administration