New York Social Security Disability Frequently Asked Questions (FAQ)
Below are a listing of the most frequently asked questions (faqs) from our clients on New York Social Security Disability. If you have any questions, please contact us.
FAQ: Who is eligible for New York Social Security Disability?
Both medical and non-medical requirements must be met in order to be eligible for New York Social Security Disability benefits.
Non-medical Requirements: Most disabled applicants must have worked five out of the last ten years before they became disabled. For those age 31 and under, these requirements are different.
Medical Requirements: Generally you must be totally disabled. This essentially means that you are unable to do any work for at least 12 consecutive months due to a physical or mental impairment (or a combination of both). Depending upon your age and your prior work history, these rules might be different. If you have questions regarding your eligibility, contact our office today for a free telephone consultation.
FAQ: How much will I receive per month if I am granted New York Social Security Disability benefits?
The amount a New York Social Security Disability recipient will receive is different for everyone. This amount is computed based upon the amount of money you paid New York Social Security Disability taxes while you worked. If you want to know your approximate New York Social Security Disability benefit amount, you can contact the Social Security Administration and they can provide this information. If you have children under the age of 18 you are usually entitled to an additional family benefit.
FAQ: Will I be eligible for any health insurance benefits if I am approved for New York Social Security Disability benefits?
You will automatically qualify for Medicare benefits, but there is a waiting period that must pass before these benefits can begin. The waiting period for Medicare eligibility is 30 months from the date you are found to be disabled.
FAQ: How does the New York Social Security Disability process work?
After receiving the necessary information from you, we will file all of the paperwork (usually electronically) needed for your New York Social Security Disability claim. You will likely need to be examined by a New York Social Security Disability doctor before a decision is made. It usually takes 4-6 months to receive a decision at this level. This time frame will vary depending upon the backlog of your local Social Security District Office and several other factors. When you receive any paperwork or contact from the Social Security Administration you should promptly contact our office. Unfortunately, most claims are denied at the initial application stage. An appeal must be filed within 60 days of the denial. It is important that you contact our office if you receive a denial to verify we have also received a copy.
Request for Hearing
If your claim is denied initially, we will file your electronic appeal. Your appeal requests a hearing before and Administrative Law Judge (ALJ). Most New York Social Security Disability claims are won at the hearing level. The wait for a hearing can be long and varies greatly depending upon your location. You should expect to wait 9-18 months from when the hearing office receives your claim. For a better estimate of the wait time at your hearing office, please contact us.
During the wait for a hearing we will be contacting your doctor(s) for updates. Once received we will review and submit the updated medical evidence to your electronic evidence file at the Social Security Administration. If you have changed physicians, stopped treating or have any other changes to your medication condition or treatment it is important that you contact us.
Hearing before an Administrative Law Judge
You will receive a package from the Office of Disability Adjudication and Review (ODAR) informing you of the hearing date and time. Please contact our office upon receipt of this package. Many people become nervous and anxious prior to their hearings. As your hearing approaches we will take as much time as needed to be sure that you know what to expect at the hearing. We will answer all questions that you might have. The Judge will not tell you their decision at the hearing. Instead they will issue a written decision that will be mailed after the hearing. The average wait time for a Judge’s decision after a hearing is 1-4 months, although this can vary greatly from case to case. As soon as you receive a written decision, please contact our office.
If I am granted benefits, how long will it take to get my money?
Following your Judge’s decision, you will receive a Notice of Award. This separate mailing will explain the amount of money you will receive per month, how much you will receive in retroactive benefits and usually an approximate date you should expect to receive this money. Most retroactive checks are received within 60 days of the decision, however it can sometimes take longer. Larger retroactive checks, claims involving Worker’s Compensation or if you were self-employed are examples of situations that can delay these checks.
FAQ: Why should I hire a New York Social Security Disability lawyer to represent me?
Statistically claimants have a much higher rate of success when represented by an attorney.
FAQ: How much does it cost to hire a lawyer to help me with my New York Social Security Disability claim?
Our fee is a contingency fee. This means that we are only paid a fee if we are successful in obtaining your New York Social Security Disability benefits. Attorney fees are limited to no more than 25% of the lump sum retroactive benefits that you receive. In most cases where there is only one hearing, the fee is the lesser of 25% of the retroactive benefits or $7200. This maximum is changed periodically by the Social Security Administration.
FAQ: Are my minor children entitled to benefits once I am approved for New York Social Security Disability?
In general you are entitled to an extra 50% benefit for your family (not per child) until your youngest child turns 18.
NY State Department of Health
Visit the New York State Department of Health site, vital records page, for a replacement birth certificate, marriage certificate, death certificate, and other important records filed in the five boroughs.