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Applying For Disability Benefits

SSD Benefit Applications are Complex and Confusing - Choose an Experienced Attorney

The only way to obtain Social Security Disability benefits is by properly filling out and submitting an application, but it's much more complicated than it sounds. You must first establish whether you are eligible for SSD benefits and then fill out the form meticulously, so there are no mistakes and no information is left out. Most first-time applicants-a full 70%-end up with a denied Social Security Disability claim, no matter how many hours they put into the SSD paperwork involved.

There are so many common SSD application mistakes, that it's nearly impossible to obtain SSD payments on your own. When you hire us to serve as your SSD attorney, a Legal Assistant from our office will start by interviewing you, asking specific, detailed questions regarding employment and medical information in order to create an effective SSD case for you. But even if you already tried to collect SSD disability benefits, we can help. Whether you've already had your SSD application rejected or haven't checked off one box on the forms, call us. We are successful SSD attorneys who have helped hard-working New Yorkers just like you.

How to apply for Social Security Disability

To get Social Security Disability benefits, you must file your application with the Social Security Administration (SSA). You can apply for benefits online, or you can call or visit a Social Security office to schedule an appointment to apply. Or, you can simply have an attorney at our firm apply for Social Security Disability on your behalf. Our legal team understands the application process and can put you in the best position to have your application approved.

What is the 5-year rule to apply for Social Security Disability?

To qualify for Social Security Disability, you need to have worked a certain number of years in jobs covered by Social Security to pay into the program. For most people, that is five of the last 10 years. However, if you are under 31, you may qualify with fewer than five years of work.

In addition to eligibility, your work history may affect the amount of disability benefits you receive. Our attorneys can review your situation and explain what you may be eligible for.

Can you apply for SSDI after retirement?

If you have taken an early retirement (before age 65), then you can still apply for Social Security Disability if you meet the eligibility criteria. Once you have reached full retirement age at 65, you no longer need SSDI, since you are eligible for the same benefits through the retirement side of Social Security.

Can you apply for Social Security Disability while still working?

You can apply for SSDI while still working, as long as your earnings are below the Substantial Gainful Activity (SGA) threshold. This is a limit set by the Social Security Administration that changes every year. This threshold applies to work activities that you do for pay or for profit; it doesn’t include passive income. Our Social Security Disability attorneys can explain how the SGA threshold applies in your situation.

What documents do you need to apply for Social Security Disability?

The most important documents for an SSDI claim are medical evidence of your covered disability and verification of your work history. You must complete an Adult Disability Report (ADR), which includes more information on your work history and disability. Other documents you may need to provide include:

  • Proof of birth
  • Proof of U.S. citizenship or lawful alien status
  • Tax documents (W-2 or 1099)
  • Income records (such as pay stubs)
  • Award letters, settlement agreements, and other proof of any workers’ compensation benefits you may have received

Our attorneys can help you gather all the documents you need to build your case for SSD benefits.

If the SSD Application Seems Overwhelming, Don't Despair-We'll Help You Obtain SSD Benefits!

If your SSD claim application is denied, which it most likely will be, the next step is to file an appeal. But appealing a Social Security Disability denial is even more intimidating and overwhelming, as you may have to appear in court at a hearing before an Administrative Law Judge. We handle appeal cases all the time for our clients and know that your chances of success improve dramatically when you have us on your side.

The Social Security Disability attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP will help you with the entire process. Call us at (800) 692-3717 or contact us online for a free evaluation. You don't pay us a cent unless you win, and we help injured and ill New Yorkers in all five boroughs and beyond.