From gathering extensive medical evidence to navigating the appeals process, applying for SSDI can be daunting. At Nappa, Monterosso & Poznansky, LLP, our Social Security Disability lawyers in Staten Island have helped thousands of workers in the greater NYC area successfully navigate the SSDI claims process. Here, our experienced attorneys explain Social Security Disability requirements and how to avoid common mistakes that could delay or derail your claim.
What Is SSDI?
Social Security Disability Insurance (SSDI) is a federal program that provides monthly payments to people who are unable to work due to a serious medical condition or disability. To qualify for SSDI benefits, your condition must meet the Social Security Administration’s strict definition of a disability and you must have accrued enough Social Security work credits through your past employment.
The SSDI Application Process in New York
Our Social Security Disability attorneys in Staten Island can help you understand what to expect when filing an SSDI claim in New York. Generally, the process is as follows:
Initial Application
Although your SSDI application can be done at a local Social Security Office or over the phone, the most efficient way to navigate the process is to apply online. However, before you start your Social Security Disability claim, it’s vital to speak to an SSDI lawyer in New York. Our experienced attorneys can evaluate your case, determine whether you may be eligible, and assist you every step of the way.
Trying to navigate the SSDI process on your own can be frustrating and overwhelming. Failing to provide detailed medical information about your condition, a comprehensive employment history, and other documentation can delay your claim or lead to an automatic SSDI denial.
There are also strict deadlines throughout every part of the claims process and SSDI appeals. Your Social Security disability lawyer can ensure your application is complete and submitted on time. If the SSA requests clarification or additional documentation, we know what kind of evidence to provide to give you the best chance of a successful outcome for your case.
Initial Application Review
Even though Social Security Disability is a federal program, your SSDI claim is initially reviewed by the New York Disability Determination Services (DDS). During this review, the DDS may request additional medical records or require you to see one of their doctors for an evaluation.
This process can be lengthy, so having our local Staten Island SSDI attorneys monitor the status of your claim and assist you with gathering additional information is vital. We’ve been handling Social Security Disability cases in the greater NYC area for more than 30 years. Our Social Security Disability lawyers are familiar with local DDS and SSA offices, staff, and the administrative law judges (ALJs) that oversee SSDI appeal hearings.
SSDI Approval or Denial
About 70% of SSDI claims in New York are denied the first time, so if you receive a denial letter, don’t lose heart. You have the right to appeal the SSA’s decision. The first step is reconsideration, where a different reviewer takes a fresh look at your SSDI claim and either approves or denies it.
The SSDI Appeals Process
If it your SSDI claim is denied again, you may request a hearing before an Administrative Law Judge. At this point, having an experienced SSDI lawyer by your side is a must. Our Social Security Disability lawyers know how to prepare and cross examine witnesses, gather relevant evidence, and put it all together to present compelling arguments that get results for our clients.
Further SSDI Appeals
If your SSDI claim is denied at the hearing level, you can take it to the SSA Appeals Council. You must ask for a review within 60 days of receiving your hearing decision, so it’s important to act fast. If you disagree with the Appeals Council’s decision, or if they decline to review your case, the last step is to to file a civil lawsuit in federal district court. Our SSDI attorneys are seasoned litigators and are familiar with local, state and federal courts and how they operate.
The SSDI appeals process can take anywhere from a few months to years. Our local Staten Island SSDI lawyers have built solid reputations in the legal community and do everything we can to expedite the process at every level of review or appeal.
Common Pitfalls in SSDI Claims
Having a Social Security Disability attorney help you navigate the SSDI claims process in New York can ensure you don’t inadvertently make mistakes that could jeopardize your case. In addition to missing important deadlines, some other common errors include:
Insufficient Medical Evidence
The SSA requires current, detailed medical records that document your condition. Even if your disability is obvious, your SSDI claim could be denied without this information. It’s also important to make sure you doctor fully understands the SSDI claims process. If they’re unfamiliar with it, they may not provide the kind of documentation the SSA needs. Our Social Security Disability lawyers work closely with your medical providers to ensure they provide essential details that clearly demonstrate the extent of your disability and how it prevents you from working.
Failing to Provide a Complete Work History
The SSA uses your employment history to assess your disability and whether it keeps you from performing former or similar jobs. Your work history is also reviewed to determine whether you’ve earned enough SSDI work credits to qualify for benefits. Your SSDI attorney will sit down with you and go over your employment history to ensure all required information is included in your Social Security Disability claim.
Being Unprepared for a Hearing or Council Review
Showing up to a hearing or review without being properly prepared is a recipe for disaster. It’s important to understand what the judge or Council needs to review your claim and be convinced of its validity. Without legal experience the SSDI realm, it is challenging to do without an attorney. We can take the weight off your shoulders and help you thoroughly prepare for every stage of appeal, including filing a lawsuit in federal court.
Why Choose Our Social Security Disability Lawyers?
Our SSDI attorneys have successfully represented clients in Staten Island and the greater NYC area for more than three decades. Our deep knowledge of local courts and administrative procedures means that we know what judges are looking for and how to present your case in the best light.
We also understand how emotionally draining and stressful the SSDI claims process can be, especially when you’re dealing with health issues. We treat every client with compassion and respect – our bilingual attorney and Partner Rolando Cubela ensures nothing gets lost in translation for our Spanish-speaking clients.
Your initial consultation is always free, even if you don’t move forward with your SSDI case. You won’t incur any up-front costs, and we only get paid attorneys’ fees if your claim is successful. This risk-free investment in your health and financial security is well worth exploring.
Contact Our Staten Island Social Security Disability Attorneys
Whether you’re just getting started on a Social Security Disability application or need assistance with an SSDI appeal, our team at Nappa, Monterosso & Poznansky, LLP, is here for you. To schedule a free consultation with an SSDI lawyer in the greater New York City area, call 718-273-9000 or contact us today.
