Do I Qualify for SSDI?

New York SSDI Qualifications

Social Security Disability Insurance (SSDI) is intended to provide financial benefits to help disabled workers who are no longer able to work. It does not cover everyone or every injury or illness, however. One of the most common questions people have after suffering disabling injuries and illnesses is: Do I qualify for SSDI?

If you have suffered an injury or illness that is keeping you from work, talk with one of our experienced New York SSDI lawyers. We have decades of experience helping our clients obtain financial benefits for disabling injuries and illnesses. At Silverman, Silverman & Seligman, P.C., we can help you determine whether you qualify for SSDI benefits.

Essential Qualifications

For SSDI eligibility, it is essential that you:

• Are truly disabled: You need to be unable to do your former job and unable to adjust to other work because of your injury, and this disability has to be long-ranging. Learn more about SSDI's definition of disability.
• Have enough work credits: The more you have worked and the more recently you have worked, the greater your benefits will be. As you work and pay taxes, you earn "credits" for SSDI. The more credits you have, the more insurance benefits will be available to you, not unlike private insurance.

Simplifying the Process

Most people who apply for Social Security Disability benefits are denied on their first application. There is often a lengthy process involving hearings and appeals. This is an extremely difficult process for many disabled workers because most people do not have experience with this complicated process.

We have devoted our entire legal practice to obtaining financial benefits for workers who have suffered injuries and illnesses that prevent them from working. We will simplify the SSDI process for you and help you obtain the money you need to survive and provide for your family.

Talk to a Lawyer ∙ See How We Can Help You ∙ Free Consultations

We serve clients in Schenectady, Troy, Albany, Queensbury, Saratoga, Amsterdam, Glens Falls, and the entire Capital District. If you have experienced a work-related injury, you can talk with one of our experienced lawyers. Call 518-631-4521 or contact us online for a free initial consultation with a New York work injury compensation attorney.

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• What do I need to show to obtain Workers Compensation benefits?

  
  In order to obtain compensation benefits you need to document that you were an employee, that an accident occurred during the course of your employment (or you developed an "occupational disease" during the course of your employment), that you gave notice to your employer within 30 days of the accident and that you filed your claim for benefits within two years of the date of the accident. There are some exceptions to these requirements which should be discussed with your attorney in detail.

• If the administrative law judge directs the carrier to pay my medical bills and to pay me compensation benefits, and the carriers still objects, what happens?

  
  If a carrier believes that there are grounds for an appeal they may file such an appeal within 30 days to the Workers Compensation board. Pending the resolution of that appeal in most instances the carrier is not required to pay medical bills or make biweekly payments to the Claimant as directed by the administrative law judge.

• Am I required by law to have an attorney?

  
  No. But bear in mind that the insurance carrier is mandated by law to have an attorney or a licensed representative appear at every hearing. These attorneys and licensed representatives often have years of experience, have handled thousands of hearings and are well versed in representing the carrier's point of view. While there is no similar statute requiring the Claimant to be represented, we would highly recommend that they retain counsel. Silverman Law has decades of experience in representing Claimants.

• The carrier argues that my condition was pre-existing. I don't think that it was but even so I never had these symptoms. What should I do?

  
  This question of a pre-existing asymptomatic (unnoticed) condition which is made symptomatic by a work-related accident has been decided by both the Appellate Division of the Supreme Court of New York State and the New York State Court of Appeals.

• Can I collect both Workers Compensation and the Social Security Disability benefits at the same time?

  
  Yes. If you qualify you may indeed collect both Workers Compensation and Social Security Disability benefits. While Workers Compensation is not reduced because of Social Security Disability payments, your Social Security Disability payments may indeed be reduced because of your Workers Compensation benefits.

Silverman, Silverman & Seligman, P.C.
527 State St.
Schenectady NY 12305
Phone: 518-631-4521
Toll Free: 877-851-4319
Fax: 518-374-4338