Social Security Disability Assistance
Applying for Social Security disability can provide financial assistance to people living with disabilities. For those with disabilities, physical and mental, it can be challenging to complete everyday tasks and even more challenging when trying to work normal jobs. For those unable to work with medical conditions, illness, or injury Social Security Disability can provide financial relief to not only the individual with the disability, but the family affected as well.
Obtaining Social Security Disability can be challenging. Approximately 60% of people are denied on initial application in New York. This can be stressful while living with any disability, physical or mental, some give up on the process entirely because it doesn’t seem worth it.
I am here to tell you that it is worth it and that you can win your case.
In my 25 years of experience in this specialized area of law I have handled all different types of disability cases, broad physical disabilities like heart, breathing, neck, back, arm or leg issues, more specified disabilities like cervical dystonia, Parkinson’s, chronic regional pain syndrome, colitis, crones disease, lupus, rheumatoid arthritis, and chronic kidney infections, and mental disabilities like Bi-polar, Schizophrenia, and Dissociative disorder. Serving hundreds of clients across Western New York has helped me develop expansive knowledge surrounding all types of disabilities.
When first starting my law firm I was well aware of the detached manner that disability lawyers tend to handle their clients as I had previously worked at a high volume law firm where I rarely saw the client before the first hearing. The lack of communication created confusion at times and it made it hard to have good client relations.
At the Law Office of Regina Walker I focused on developing a sense of client and lawyer relationship, so I handle every case personally. Initially applying can be overwhelming so I make sure to stay available for my clients for any questions they may have, and will set up a time to complete the forms in office with my clients. Rather than going through a legal secretary like other large firms, I will guide you through your case personally from start to finish.
FAQs
What is SSDI and SSI?
SSDI and SSI are disability benefit payment programs for workers who are unable to work for 12 months due to a medical condition, illness, or injury. Those looking to apply for SSDI or SSI do not need to wait 12 months to apply, but can’t be working at the time of application. SSDI and SSI are two different types of payment plans, but those who qualify for both can receive the benefits that both programs offer. SSDI is paid upon a persons work record, and past work determines how much you receive in benefit payments. SSI works more as a supplemental security income, and is determined based of the applicants assets and income. The medical criteria is same in both programs.
Do I Qualify?
There are a few different ways people can qualify for SSD. Medical conditions like cancer, blindness, visual acuity, and dialysis are considered listings where the criteria is clear and there is an automatic qualification for SSD. With other medical conditions, illnesses and injuries the criteria is not as straight forward and residual functional capacity is used to determine if a person should receive SSD benefits. Residual function capacity is an evaluation of how well a worker can perform at their job after taking in consideration all factors, including those persons disabilities, age, education and work experience. For example, SS takes into consideration the type of work a person is able to perform and if there is other work they can perform.
What will the process look like?
The process varies case to case, but it is not uncommon for the process to take up to 2 years. For those that are approved on initial application or reconsideration the process can be quicker and it could be only 6-12 months. Applications can be done online, or you can call and schedule an appointment to apply. After application there are typically a number of different forms for the applicant to fill out, I schedule a time in office to help my clients fill out the forms. After the initial completion of the application there will be a scheduled consultive examination. The initial decision can take 6-8 months to come out, and 60% of people in New York are denied initially. If denied we would move onto reconsideration which can take up to 6 months and 90% of people get denied again. Then we move onto the actual hearing before an administrative Law Judge, here approximately 50% of people will be approved for disability. Waiting for the actual hearing however can take 9-12 months. Altogether this process can take 2 years to actually obtain a decision, depending on your situation.
What benefits could I receive?
The amount people receive is generally comparable to the sum the person would’ve gotten when/if they worked to retirement age. The average benefit rate in 2024 for SSDI is $1,537, and SSI has an average benefit rate of $943. The children of the disabled worker are also able to receive benefits if they are under the age of 18 or still in high school. Children can receive up to half of the total benefit payment given to the disabled parent.
