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Frequently Asked Questions about Social Security Disability
What qualifies as a disability?
Disabilities may be physical and/or mental impairments. In general, the disability must be severe, and prevent you from working. Many other factors, including your age, education and prior work experience are considered when the Social Security Administration decides whether you are disabled or not. Please contact us to discuss your situation.
How old must I be to apply for Social Security Disability Insurance (SSD) or Supplemental Security Income (SSI) benefits?
Though the rules are relaxed for people over 50 years of age, any individual, of any age, may be found to be disabled.
When should I apply for SSD or SSI disability benefits?
You should apply as soon as you believe you have a disability that will prevent you from working for at least 12 months.
Is there a limit to the length of time I will receive benefits?
Yes. You will get benefits until you reach your retirement age, or your disability improves to a point where you can work full-time for more than 9 months, or if your income improves while you are receiving SSI benefits.
How much money will I receive when I am awarded SSD or SSI benefits?
SSD benefits vary based on your earnings history. Currently, a disabled worker may receive a maximum monthly benefit of approximately $1,100, or approximately $1,900 a month for a disabled worker with a spouse and at least one child. SSI benefits vary based upon your assets and other factors. Currently, the maximum SSI monthly benefit is $710 for an eligible individual or $1,066 for an eligible individual with an eligible spouse. Of course, these amounts may be less based upon your particular circumstance.
How long will it take to get a decision on my initial application for benefits?
Each case is different, but generally speaking, it could take 1 to 6 months.
What should I do if my initial application for benefits is denied?
You should request a hearing within 60 days of your denial. Preparing for the hearing is more complex than filing your initial application. Contact us to help you prepare for your hearing.
If my initial application is denied, how long will it take to get a hearing?
Each case is different, and some hearing offices are busier than others. Generally speaking, it could take 6 to 24 months.
How long must I wait until I get a decision after my hearing?
Generally, you will have a decision in 2 to 4 months.
What should I do if more than 60 days have passed since my application was denied?
You should immediately contact your local SSA district office and give a good reason why your appeal is late. Call us so we can assist you.
After I file my application for SSI/SSD benefits, what should I do to help my case?
Continue treatment with physicians and therapists that support your claim for disability. If you cannot afford to continue your medical treatment, contact our office to discuss other options.
What should I do if I am unable to work, but not seeing a doctor for my disability?
You should start seeing a doctor and obtain medical care and treatment as soon as possible. In order to win a claim for SSD or SSI benefits, we must have medical records and treatment records that show you have a disability. If you cannot afford medical care and treatment, contact our office to discuss other options.
What are your fees?
There is no out-of-pocket cost to you. If we are successful in obtaining benefits for you, our fee will be is typically 25% of the past benefits you will receive, but no part of your future benefits.
Can anyone else in my family get benefits if I am found disabled?
Yes. Your children under 18 years of age can receive up to 40% of the monthly disability payments you will receive.
What should I do if Social Security stops my benefit payments?
Immediately request a review and an appeal.
How do I get started?
Call us today at 914-761-1133 or 212-861-2800.