Social Security Disability FAQs | Personal Injury Attorneys

NY & NJ SSD Benefits Lawyers

Applicants for Social Security Disability (SSD) benefits are required to provide detailed information and complete numerous forms to demonstrate that they meet Social Security’s definition of “disabled” and qualify for assistance. It can be a difficult process. Mistakes or omissions can delay approval or lead to a denial of benefits.

An experienced SSD attorney can help you deal with the Social Security Administration’s complex disability claims process. If your initial claim has been denied – and most claims are – a lawyer can help you appeal to get the benefits you need and deserve.

The Ginarte law firm’s disability benefits lawyers have been helping Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) applicants for more than 20 years. Below, we present answers to frequently asked questions about issues our attorneys often help clients with.

Call us now or complete our online contact form for a free review of your claim and advice about your legal rights.

What is the difference between Social Security Disability Insurance and Supplemental Security Income?

The SSDI program pays benefits to workers who have paid Social Security taxes, which is what makes it an insurance program. On the other hand, SSI is means-tested and available to people who have never paid into the system.

How do I know whether I am eligible for SSDI benefits?

To qualify for SSDI benefits, you must be totally disabled. This means that your injury or illness prevents you from doing any “substantial gainful activity” and has lasted or is expected to last at least 12 months, or to result in death. Also, you must have earned wages and paid into the Social Security system.

I’d really like to do some kind of work. Can I work and still receive SSD benefits?

You are allowed to do limited work for pay and receive Social Security Disability benefits. But you will not be considered disabled if you earn more than a defined maximum income. (For 2014, this was $1,070 a month or $1,800 if you are blind.)

I was disabled in a workplace accident, and I am receiving workers’ compensation benefits. I have been told I cannot receive SSD because I am getting workers’ comp. Is this true?

No, this is not true. Your workers’ compensation benefits may affect the amount of your SSD benefit, but you should still apply for SSD with the assistance of an attorney who understands both programs well.

Are psychological problems considered a disability for SSD benefits?

Yes, individuals who are disabled because of mental health issues may qualify for Social Security Disability (SSDI) or Supplemental Security Income (SSI) benefits. Applicants must demonstrate that their mental health issues prevent them from holding the job they had before (if any), and that they are unable to adjust to new work because of their mental illness.

My application for SSD benefits has been denied. Is there anything I can do to have it reconsidered?

Yes, you have the right to appeal the denial of an application for Social Security Disability benefits.There are several opportunities to appeal an application that is repeatedly denied, but we’d like to help you gain approval as soon as possible.

My disability is pretty obvious. If I have to show up for an appeal, anyone would be convinced. Why do I need an attorney to get SSD benefits?

A lawyer from the Ginarte law firm can help you get SSD benefits faster and with less of a burden on you. If your claim is initially denied, it will be more than a year before you can appear at an appeals hearing.

1-888-GINARTE

NY & NJ SSD Benefits Lawyers

OUR OFFICES

Newark

New York

Union City

Elizabeth

Clifton

Perth Amboy

Queens

New Brunswick