Social Security Disability Attorneys
If you have developed a permanent disabling condition from an accident or illness, you might not be able to perform the same job that you worked before your injury or illness and could lose your regular source of income as a result. Without a steady source of income, it might be challenging to support yourself and your family, pay for necessary medical expenses, cover disability-related costs, and pay for other living expenses.
If you are disabled and can no longer maintain gainful employment, you might qualify for Social Security Disability (SSD) benefits. Individuals who have been disabled for at least a year or expect to be disabled for that period of time, and meet certain other requirements, should be able to get disability benefits through the Social Security Administration (SSA).
Many SSD applicants find the claims process overwhelming and confusing. Being unable to provide for yourself and your family is stressful enough, and trying to navigate the SSD application process alone can add to the burden you are already facing.
That’s why, at Hach & Rose, LLP, our New York Social Security Disability lawyers recommend hiring an attorney to guide you through every step of the application process. Our SSD attorneys have extensive experience helping clients with disabling conditions secure the benefits they need through the SSA.
While it’s not fair that disabled individuals should go through such a complex and arduous process to get the benefits they’re legally entitled to, our lawyers have the knowledge and experience to level the playing field and help you get what you need. We can handle every aspect of your case for you. Let us take some of the burden off your shoulders by using our legal skills to pursue disability benefits on your behalf.
At Hach & Rose, LLP, our lawyers believe that we have a moral responsibility to give each of our clients the personalized attention that they deserve. Your case will always be our priority, and you will never be a number with our firm.
No matter how complex your case is, our seasoned Social Security Disability attorneys have what it takes to help you file your initial SSD claim, build a robust case on your behalf, and present a strong appeal if the SSA initially denies your claim.
Call Hach & Rose, LLP at (212) 779-0057 immediately to discuss your situation. Let’s discuss how our attorneys can help. We offer a free consultation to all prospective clients.
Why Hire a Social Security Disability Attorney?
There are numerous reasons why you should hire an SSD attorney to handle your disability case. Many people who file a claim for SSD benefits try to do it on their own without the help of a legal professional. Whether concerned about cost or believe they don’t need help navigating the process, people who file without a lawyer’s help leave themselves open to disappointment. Filing a claim without the help of a lawyer is more likely to lead to denial than having your claim filed by an attorney working with you on your case.
The application process itself is challenging, comprehensive, and demanding. Even if you are clearly suffering from a long-term disability, a single clerical error can result in a rejection, as can a failure to include certain information or submit the appropriate medical records.
If you hire an attorney to represent you, your lawyer will guide you through every stage of the application process, from completing your paperwork, collecting your medical records, and filing your initial claim all the way through to your appeal if your claim is rejected. Having a personal advocate who fights for your rights, ensures that you have fulfilled all requirements, and provides you with legal support can be incredibly advantageous to your case.
Some of the other benefits an SSD attorney from Hach & Rose, LLP can provide include:
- Helping you understand the types of disability benefits
- Gathering and organizing documentation and medical records for your claim
- Submitting all your paperwork on time
- Defending your right to collect disability benefits and effectively arguing your case
- Crafting a strong appeal strategy if your initial claim is denied
- Representing you at your appeal hearing or in a federal lawsuit
The SSA receives a massive number of claims every single day. If you are struggling financially, the last thing you want to do is submit an application that contains errors or missing information. Working with an attorney from Hach & Rose, LLP will significantly improve your chances of securing the financial relief you deserve as quickly as possible.
At Hach & Rose, LLP, you can expect openness, honesty, and responsiveness. We will keep you updated on all critical developments in your case, and we are always available to answer any questions or address any concerns via text, phone, or email. Our primary goal is to expedite the legal process so that you can get the benefits you need to get on with your life.
The New York SSD lawyers of Hach & Rose, LLP always put our clients first. We understand how frightening it can be to have no way to provide for your loved ones due to a disabling condition that prevents you from earning a wage. That’s why we are committed to seeking a favorable outcome in your case, whether you are a first-time claimant or are appealing a rejection.
Why should you hire Hach & Rose, LLP? We have nearly 25 years of experience representing our clients, and in that time we’ve obtained well over one billion dollars for our clients in settlements and awards. Our founding partners, Michael A. Rose, and Gregory Hach, worked in large firms before creating their own firm to serve their clients. They bring big firm know-how and small firm personal attention to every case they take. Their excellent example and mentorship have made Hach & Rose, LLP a group of attorneys as passionate about getting great results for their clients as the founders.
How Do SSD Attorneys Get Paid?
At Hach & Rose, LLP, we offer our legal services on a contingency fee basis. Unlike a traditional lawyer, who might accept a retainer or charge a flat fee, personal injury, and disability attorneys often charge for their work through contingency fees.
Under a contingency fee agreement, your attorney will only collect legal fees if they successfully obtain benefits on your behalf. As your contingency fee agreement outlines, legal fees will be deducted from any settlement you receive. If your attorney fails to obtain benefits, they will not receive a legal fee.
In other words, if you don’t get paid, your lawyer doesn’t get paid, either. This incentivizes your attorney to do the best job possible and saves you from the financial burden of paying legal fees upfront, especially if you’re struggling to make ends meet.
When you first decide to hire one of our attorneys, you will enter into a written contingency fee agreement with your lawyer. The contingency fee agreement will state the amount your attorney will collect should your case be successful, subject to the maximum amount allowed by law (no more than 25 percent of your back pay or $6,000 total, whichever is less). Our attorneys will always be upfront and honest with you about our legal fees and other potential costs associated with your case, such as the cost of retrieving medical records.
Common Disabilities Our Clients Face
A broad range of conditions may cause a person to qualify for SSD benefits. If you were seeking workers’ compensation for a workplace injury, you would need to be able to prove that you were disabled on the job. However, with an SSD claim, you must prove that you cannot carry out “substantial gainful activity” (SGA).
Some of the most common disabilities that our clients face include:
- Back, neck, and spinal cord injuries, which can lead to a lack of mobility and paralysis
- Lung issues that cause difficulty breathing
- Neurological issues, including Parkinson’s disease, Alzheimer’s disease, dementia, stroke, and other debilitating ailments
- Motor neuron disorders like ALS
- Certain mental health issues, such as post-traumatic stress disorder (PTSD)
This list is not exhaustive; many physical and neurological disabilities could prevent you from working and earning a living. If you aren’t sure whether you qualify for SSD benefits, you should speak to a Hach & Rose, LLP attorney to discuss your options.
SSD Claims Process
We’ve outlined the specific stages of the SSD claims process for you here.
Submit Your Disability Claim
The first step in pursuing an SSD claim is to be formally diagnosed by a doctor. If you cannot work because of a physical or mental condition, you should visit a doctor who can perform tests and determine the nature of your condition.
Once you have received a diagnosis, you should be able to determine whether or not you are eligible for SSD benefits. To apply for SSD, you must meet the following requirements:
- You cannot be at or over retirement age. If you are at full retirement age, you won’t collect Social Security Disability benefits; you’ll only be eligible for regular Social Security benefits. The benefits will be the same.
- You must have 40 work credits and 20 of those must be earned in the ten years before the year your disability began (although younger workers may need fewer credits)
- Your condition must meet the SSA’s strict definition of disability.
The SSA’s definition of an impairment is rather narrow. According to the SSA, a disability is defined as an inability to perform SGA (substantial gainful activities) because of a “medically determinable” physical or psychological impairment that is terminal, has existed for at least a year, or is expected to last for at least a year.
You can learn more about the conditions the SSA considers to be disabilities here. If you believe you qualify, you should immediately consult an SSD lawyer to begin work on your application. Your attorney can help confirm your eligibility and work with you to properly fill out all required documents to send along with your application. Because even tiny administrative errors can mean the difference between approval and denial, it’s always a good idea to have an attorney review your paperwork before submission.
SSD Claim Determination
After your application is submitted to the SSA, trained staff from Disability Determination Services (DDS) will be tasked with determining whether you qualify for benefits. Both your medical and non-medical qualifications will be evaluated. Regarding your non-medical qualifications, DDS staff will ascertain whether you meet the work requirements to be eligible for SSD. Regarding your medical eligibility, DDS will examine your medical records from your own medical sources first. DDS staff will arrange a consultative examination with an independent medical source if the evidence is insufficient or unavailable. After the examinations, DDS will determine whether you have a qualifying disability.
Follow Up with DDS
If your condition changes while DDS is reviewing your application, you should notify them of the changes before they have made a decision.
Sometimes, the officers reviewing your application may request additional information from you. Your application could automatically be rejected if you don’t provide that information. They might ask for additional medical records and evidence that proves you are suffering from a long-term disability, or they might even request that you submit to a medical exam by an outside, third-party physician.
If Your Claim is Approved
If DDS determines that you meet all the necessary requirements, including the work requirements and medical requirements, then the DDS should send you a notice of approval in the mail. The letter should include specific information, such as:
- The date that you are eligible to begin receiving SSD
- Any amount that you are eligible to collect in back pay
- The date you’ll receive your back pay
- Your monthly SSD amount
Your benefits are calculated based on your average lifetime earnings. The SSA counts the years you’ve worked since you turned 22 until the year before you become disabled. It may throw out one to five years, keeping your highest-earning years (they only need 35). They’ll use those remaining years to calculate your primary insurance amount (PIA). Usually, your benefits will begin on the sixth full month after the date your disability began. You’ll get Medicare coverage automatically after receiving SSD for two years.
If the SSA determines that your condition will likely improve over time, they could schedule your first continuing disability review (CDR) within six to 18 months of the date you begin receiving benefits. If your condition is permanent and not likely to improve, your disability will be reviewed much less often, likely every three to seven years. If your condition is not permanent and eventually improves, the SSA may terminate your benefits.
If Your Claim is Rejected
If your claim is denied, don’t worry. This isn’t the end of the road. There are numerous reasons why an SSD claim might be denied:
- Your condition has not lasted for the appropriate amount of time – If your condition hasn’t lasted for at least 12 months or is not expected to last for at least 12 months, then you may not qualify for SSD benefits.
- You don’t meet the requirements for SGA – According to the SSA, the SGA maximum income for 2022 is $1350 per month and $2260 per month for blind people. Your application could be rejected if you work and earn more than this amount each month.
- Failure to include certain documentation or evidence – The SSD application process involves numerous forms, medical records, pay stubs, and other paperwork. Your claim may be denied if you do not include the necessary documents. The SSA has a massive backlog of claims, so even tiny mistakes can cause your claim to be rejected.
- Failure to pursue the recommended medical treatment – Claimants for SSD must follow their doctor’s instructions and improve their medical condition. The SSA could deny your claim if you failed to follow your doctor‘s orders or haven’t taken your medical treatment seriously.
- You have the ability to take on work – When determining your eligibility for SSD, the DDS officers in charge of reviewing your application will try to discern whether you have the ability to carry out vocational duties you previously performed or whether you will be able to take on work while you adjust to the restrictions of your disability. Your claim could be denied if DDS determines that you have the ability to remain gainfully employed.
If the SSA denies your claim, you will have 60 days to request an appeal. You must do this in writing. We recommend hiring an attorney to help you navigate the appeals process and prevent you from making any errors that might have resulted in an initial denial.
These are the four primary steps in the SSD appeals process:
- Request a review of your claim – You can ask the SSA to reconsider their denial. A different medical examiner will assess your application and issue a new decision during the review process. In many cases, individuals applying for SSD benefits are approved during reconsideration. However, if your claim is denied again, you can request that an administrative law judge hear your appeal.
- Hearing with an administrative law judge – If your claim is denied for a second time, you can request a hearing with an administrative law judge (ALJ). You must do this within 60 days of receiving notice of your denial. An attorney can represent you at your hearing. Your attorney can present additional evidence showcasing that you suffered a long-term disability and meet the eligibility requirements for SSD. Your attorney may also hire medical or mental health experts to testify.
- Appeals Council review – If the ALJ does not reverse the second denial, you can have your case reviewed by an Appeals Council. While Appeals Councils do not typically reverse denials unless there’s a strong reason, you must request a review to continue the appeals process.
If none of your appeals are successful, you can file a lawsuit against the SSA in a U.S. District Court. If you’ve exhausted your appeals and are considering filing a lawsuit, you should speak to your attorney first. Federal lawsuits often drag on for years, and given the legal costs associated with litigation, the costs may outweigh the potential benefits.
Frequently Asked Questions
Below, our team has answered some of the most common questions regarding SSD benefits. If you have further questions or concerns, please schedule a free consultation with one of our lawyers today.
Because the SSA has a significant backlog of disability claims, it can take some time for DDS to review your application. Generally, it should take 3 to 6 months for DDS to review your case and issue a decision. However, securing benefits could take much longer if your claim is rejected. The appeals process can drag on for months or longer, and if you pursue a federal lawsuit, that kind of legal action could take years to resolve.
That’s why it is crucial to consult with an experienced SSD attorney before you begin the disability benefits application process to ensure you don’t make any errors or forget to include any forms necessary to prove your eligibility for benefits.
If your SSD application is approved, your approval letter will include the date the SSA has determined you became disabled, the amount of any back pay you’re due, and the date on which that money should be paid.
On the one hand, suing the SSA for disability benefits could lead you to get the benefits you need and deserve. On the other hand, risks are associated with bringing a federal lawsuit against the SSA.
First, the legal process is even more complicated than the SSD claims process. Although there are complexities involved in the SSD application process, it is possible to handle your claim yourself, though hiring an attorney will certainly increase your chances of success. However, bringing a federal lawsuit is never something that you should attempt to do on your own. The court will not treat you differently if you attempt to represent yourself. If you decide to bring a federal lawsuit against the SSA, it is imperative to secure legal representation first.
It’s also important to understand that once you file a lawsuit, you have moved beyond a simple disability claim. You will initiate legal action when you file an appeal in federal court. This means you’ll need to attend a trial and pay for the legal costs of bringing a civil case.
Before you pursue a federal lawsuit, you should discuss the benefits and disadvantages with your attorney to make an informed decision.
SSD isn’t the only option for injured workers seeking disability benefits. If you become disabled due to a workplace accident, you could obtain disability benefits through your employer’s workers’ compensation plan. Nearly all employers in New York are required to offer workers’ compensation benefits to their employees.
In New York, if an on-the-job injury or illness results in a temporary or permanent disability, and you can no longer work, workers’ compensation should offer you disability benefits. However, the workers’ compensation process can be as challenging and complex as the SSD application process. Since our founding, the attorneys of Hach & Rose, LLP have helped countless clients with SSD and workers’ comp claims. Whether you are pursuing disability benefits through the SSA or your employer‘s insurance policy, we have the skills to guide you through the process and help you seek the benefits you deserve.
Contact a New York Social Security Disability Lawyer Today
Are you suffering from a disabling condition and struggling to support yourself? If so, you could qualify to claim disability benefits through Social Security. Given the multitude of requirements and the complexity of the application process, we strongly recommend hiring a New York SSD lawyer to handle your case.
At Hach & Rose, LLP, our lawyers have the knowledge and resources to help you bring a strong claim and seek the benefits you are entitled to. If the SSA initially denied your claim, our attorneys could help you present a convincing appeal. You can be assured that our legal professionals will diligently pursue the financial relief you deserve.
Contact Hach & Rose, LLP by calling (212) 779-0057 today for a free, no-risk case evaluation.