It is a common misconception that disability benefits are immediately available to you the moment after you become disabled. This is simply not true. An attorney at Miriam Davidson, Esq. stands ready to explain the Social Security disability process to you.
As a preliminary matter, you must demonstrate the following to be eligible for Social Security Disability Insurance (SSDI) benefits:
First, you must have worked for a certain amount of time during the years before you became disabled. For candidates who meet this threshold, the dollar amount of your disability compensation depends in part on your history of earnings. SSDI candidates who have not worked for a sufficient length of time might only be eligible for Supplemental Security Income (SSI) benefits, which have no work requirement.
Second, your disability must meet the Social Security Administration’s (SSA) definition of disability. According to the SSA, you qualify for SSDI only if:
There are delays between the date of your disability’s onset and the date when your disability benefits begin. You are not entitled to SSDI payments for six months after the date of onset of your disability. Medicare payments begin 30 months after the onset of your disability. The program also limits eligibility based on your monthly earning capacity. Our attorneys can explain the Social Security disability program to you in greater detail during a one-on-one initial consultation.
If you are disabled and having difficulty meeting basic financial needs, you might qualify for SSI benefits. The SSA will use a precise formula to calculate your eligibility based on your current assets and earning capacity. We will assess your case and help you explore your legal options, including alternative sources of income and healthcare options.
SSI benefits are available to disabled, blind and elderly people who have limited access to resources. To qualify for SSI benefits, you will need to show that your impairments keep you from obtaining substantial gainful employment and that those impairments can be expected to result in death or an inability to work for at least 12 months.
A lawyer familiar with the Social Security claims process can be invaluable to you as you file for disability benefits. Miriam Davidson, Esq. can explain the claims process and help you secure your benefits. Call us at 212-308-4810 or contact us online to schedule a consultation at our New York, New York office.