SSDI Application Process

Capital District SSDI Attorneys ∙ New York

It is a daunting challenge: You have just suffered a debilitating injury or illness, and you start looking into the possibility of obtaining Social Security Disability Insurance (SSDI) benefits, only to find an extremely complex application process with a labyrinth of details. Especially if you are already hurt or sick, the prospect of going through the application process can be overwhelming.

At Silverman, Silverman & Seligman, P.C., we understand what you are going through and we can help you. Since our firm began as Silverman & Silverman in 1940, our New York SSDI benefits attorneys have dedicated our practice to helping disabled workers obtain the benefits they need.

We can help you with every aspect of the SSDI process:

• Initial application: The SSDI application process is extraordinarily complex. Clerical errors, incomplete information and the use of incorrect medical terminology are common. We have the experience to help you avoid these errors and obtain the benefits you need.
• Denial: The majority of claims are denied upon the initial application. Do not lose heart. We can still help you obtain your benefits.
• Appeals: We have the experience to represent you through all of the filings and hearings involved in the appeals process. Although it is not an easy fight, many cases that are denied upon initial application can be won on appeal.

When you call Silverman, Silverman & Seligman, P.C., you will talk with an attorney who has the experience and legal knowledge to help you with the SSDI application process. If an attorney is unavailable, we will get to you as soon as possible. We understand that you are going through a difficult time, and we will do everything we can to take care of your legal needs.

Schenectady Disability Insurance Lawyers

We serve clients in all upstate Capital District counties. 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