Types of Disabilities for SSDI

Capital District SSDI Attorneys

The aftermath of injuries or illnesses brings many concerns and worries. One of the chief worries involves disability benefits: What types of disabilities qualify for SSDI?

This is a serious question because qualifying for Social Security Disability Insurance (SSDI) benefits might be your only hope of managing financially during a time of disability. Our New York SSDI lawyers have decades of experience. We can help you determine whether your disability will qualify you for benefits, help you apply for benefits, and help you through all of the hearings and appeals necessary to get you the benefits you need.

From our Schenectady office, Silverman, Silverman & Seligman, P.C., serves clients in Albany, Schenectady, Troy and the Capital District of New York. From the very beginning of this firm, we have focused our legal practice exclusively on helping injured workers obtain benefits. We can help you.

New York Disability Requirements ∙ SSDI Disability Definition

The Social Security Administration (SSA) — the government agency that runs the SSDI program — requires that an applicant be "disabled" to receive benefits. The agency has a strict definition of "disability" that requires an inability to work for a significant length of time:

• Inability to work: It is important to note that the inability to do the job you used to do is not enough to be considered unable to work. You need to be unable to engage in any "substantial gainful activity" to be eligible. Basically, you need to be unable to do any type of job that could bring you a reasonable income.
• For at least a year: SSDI benefits are reserved for more long-term injuries and illnesses, so it is necessary for the injury or illness to last for at least 12 months. If your injury or illness has already lasted a year, is expected to last a year or is expected to result in death, you should qualify for benefits.

Many physical and mental disability impairments can meet the definition of disability, including neck and back pain, carpal tunnel syndrome, cancer, cardiovascular problems, post-traumatic stress disorder and clinical depression.

Talk With an Experienced SSDI Attorney ∙ Free Consultations

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