Social Security Disability Insurance (SSDI) provides benefits to people who are unable to engage in “substantial gainful activity” (i.e., work) due to a medically determinable physical or mental impairment that is expected to last at least a year or result in death.
Car and motorcycle accident victims, injured construction site workers, and many people that sustain serious personal injuries find they are no longer able to continue working and must rely on Social Security Disability to meet their financial obligations. New York and Vermont have different deadlines and procedures for Social Security Disability applications and appeals.
To be eligible for Social Security Disability benefits a person must demonstrate they are disabled under the criteria set forth by the Social Security Administration (SSA). The Social Security Administration has set forth specific guidelines and rules that are used to determine if a person is disabled in light of their age, education, and work experience. An attorney is invaluable when fighting a denial of SSD benefits as they’re able to distill and present the necessary medical and factual evidence to the Administrative Law Judge that will hear your denial appeal.
To make matters even more difficult, the Social Security Administration has set forth their evaluation criteria in a compilation known as the Social Security Programs Operation Manual (POM), which is comprised of literally thousands of pages of rules, regulations and guidelines. Also, when determining whether or not you are disabled and unable to work the Social Security Administration will base its decision largely on whether there are jobs available that you could perform (even though you have never performed those jobs before).
The Social Security Administration will also hire a Vocational Rehabilitation Expert to determine whether you are able to perform these other occupations. An attorney is invaluable to your successfully obtaining Social Security Disability benefits by linking your injuries and medical evidence to your inability to work, as well as disputing inaccurate findings made by the SSA’s experts.
The overwhelming majority of people that apply for Social Security Disability will have their initial application denied. Do not be discouraged by this initial denial – most are successfully overturned in the later appeal stages of the Social Security Disability application process. An attorney will be able to ensure you meet the specific deadlines for appealing denials and that the Social Security Administration is provided with all your relevant medical records and other evidence.
If you have been denied Social Security Disability benefits and believe you are disability you must appeal the Social Security Administration’s decision within sixty (60) days of their denial. You must contact an attorney immediately after your denial to allow sufficient time to gather your necessary records and complete the appeal application documents.
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