Social Security Disability Claim?

You need an experienced Social Security claims attorney. We can help.

Social Security Disability Claims 2018-05-03T14:59:33+00:00

Social Security Disability Claims

There are two types of Social Security disability programs. The first is Supplemental Security Income (SSI) for a person who is disabled but has not worked enough to qualify for Social Security Disability benefits. The second type is Social Security Disability (SSD), for those who are disabled and have worked and put enough money into the Social Security system to qualify. To be eligible for SSD, you must have worked for five years within the 10-year period before you were disabled. You have to be disabled under the SSD definition of disability, meaning your disability must be in effect for at least a year and prevent you from performing not only your regular work but also any work for which you might be suitable, considering your age, education, and former work background.

Buckley, Mendleson, Criscione and Quinn can help you get what you deserve in the Social Security disability system and ensure that your rights are protected. One of BMCQ’s partners, Ira Mendleson, has 30 years of experience handling Social Security cases and limits his practice to the field of Social Security Disability. Ira and his team are ready to help you get the benefits you have earned.

Call Us First Before You File a SSD or SSI Claim.

FAQs About Social Security Disability Claims in New York State

There are two types of Social Security disability programs. The first is Supplemental Security Income (SSI) for a person who is disabled but has not worked enough to qualify for Social Security Disability benefits. The second type is Social Security Disability (SSD), for those who are disabled but have worked and put enough money into the Social Security system to qualify. To be eligible for SSD, you must have worked for five years within the 10-year period before you were disabled. You must be disabled under the SSD definition of disability, meaning your disability must be in effect for at least a year and prevent you from performing not only your regular work but also any work for which you might be suitable, considering your age, education, and former work background.

No, a work-related condition is not one of the requirements for receiving Social Security Disability benefits. At BMCQ we represent many SSD clients who have been injured at work and are eligible for workers’ compensation, but whose disability is sufficiently long term as a result of that injury — having lasted more than a year — to make them eligible for SSD as well as workers’ compensation.
The first step is to file a claim with the Social Security Administration by filling out an application either online at www.socialsecurity.gov or in person at a Social Security Administration office. This claim will be either denied or accepted after a process that may take several months.
If your SSD claim is denied, a hearing can be requested. It is a good idea to get legal representation for the hearing process.According to figures released by Andy Slaughter, the shadow legal aid minister, of the 25,500 incapacity benefit cases in 2009-2010, some 60% of people without legal representation lost, compared with just 33% of those who had lawyers. A 2011 American Bar Association (ABA) survey found that 75% of lawyers believe that people who represent themselves are more likely to lose their cases. With a 50% better chance of winning with an attorney, it makes sense to have legal representation in SSD cases.
Attorney’s fees are contingent fees, meaning they are conditioned upon your being successful in your case. If you are successful, back benefits will be owed to you. The Social Security Administration will automatically take out 25% of that amount and send it to the attorney to cover the legal fee, while the other 75% is sent to you. It is a one-time fee, for back benefits only.

Don’t Go It Alone.
Call Us Today.

  • Need to file a Social Security Disability claim?
  • Has your Social Security claim been delayed or denied?
  • Are your medical bills unpaid?
  • Are you unable to work and receive a paycheck?

Call BMCQ Law at 518.449.3107.