Social Security Disability is a government program that pays monthly benefits to workers who are no longer able to work due to a significant illness or impairment that is expected to last at least a year or to result in death within a year. Benefits are based on the disabled worker's past earnings and are paid to the disabled worker and to his or her dependent family members. To be eligible, a disabled worker must have the proper work credits, or in other words, the worker must have worked in jobs covered by Social Security.
Social Security Disability provides monetary benefits. Those receiving monetary benefits become eligible for Medicare after receiving benefits for two years. Low-income individuals who receive Supplemental Security Income (SSI) are generally eligible for Medicaid immediately.
Under the Social Security law, in order to be eligible for disability benefits, the applicant must be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or is expected to last for a continuous period of at least 12 months. In plain English, you must be unable to work (not just your job, but any job) as a result of a physical or mental condition for at least 12 consecutive months (past or future), or the condition will inevitably result in death.
There is a five-month waiting period after the onset of disability before payments begin. If someone suffered a disabling injury in January and met Social Security's disability definition, he or she would become eligible for the first disability payment for July.
Much like in Workers' Compensation, you do not have to be represented to succeed. However, filing for Social Security Disability requires you to deal with the government. The process can be a lengthy and perplexing experience. Having an attorney represent your interests allows you to concentrate on improving and/or maintaining your health. We can help you fill out the proper forms to expedite the process, and we don't get paid unless and until you win your claim.
If you need help dealing with a Social Security Disability claim, whether you need to file initial paperwork, have been denied benefits or have had your payments suspended, call the attorneys at Wugman & Wugman, P.C. - (845) 499-2232. Ask for a free, no-obligation consultation to discuss your situation. Wugman & Wugman, P.C. focus their practice in Rockland County, Westchester, Orange and NYC, but can help clients throughout New York State.