Social Security Disability In New York City
When you’re unable to work due to mental and/or physical impairments, filing for social security disability may be your best option. It’s best to have a good social security disability lawyer on your side from the start of your case in order to be successful in gaining benefits. The attorneys at O’Connor Law are experienced, hard-working social security disability attorneys who will fight to get the benefits you need.
When New Yorkers are filing for disability, they often do not have the money or resources to pay out of pocket for an attorney. The Social Security Disability system takes care of this issue for you. The experienced attorneys at O’Connor Law, like all Social Security Disability attorneys, do not charge based on an hourly rate, nor a retainer. In fact, you never have to pay out of pocket for your social security disability lawyer to fight for you. Social Security Disability Attorneys work on a contingency basis. What this means is, if we are successful in getting you benefits, and those benefits include a lump-sum of back pay, we are paid a portion of those back-pay benefits. You never pay out of pocket, and we never take anything from your future benefits.
This is a question we get asked a lot and the answer is not one that you want to hear: it depends. If your claim is approved on the initial application, which few are, it can be a few months from beginning the process until you receive your first social security check. If the claim is denied and you have to file for reconsideration, a hearing, an appeal, etc. it will take longer.
We will take care of your Social Security Disability Initial Application for you, giving you a better chance of success at the initial application stage. While most of our clients find us after they have been denied at the initial application stage, attorneys across the country find that claimants have a better chance of success if they’re represented by an experienced social security lawyer during the entire process.
Yes, you can and should hire a New York City Social Security Lawyer if your initial application is denied. This is the hardest stage of the process to get through on your own and you can and should hire an experienced social security disability lawyer for this part of the process. You will need to gather medical evidence, other information about your work history and treatment for your conditions, and submit it to the judge before your hearing. A good social security lawyer will also review the questions a judge is likely to ask you at your hearing so that you understand what information the judge is looking for in order to make a decision on your claim.
This is the most common question we are asked as social security attorneys is: what are my chances of winning? This is a tough question to answer. The way a judge determines if a claimant qualifies for disability is using the 5-step process.
Ultimately, you need to have enough work credits to qualify for disability. You need to then prove that you have not worked, or will not be able to work for at least a year. Then you need to prove that according to the age bracket you fall in, you qualify as “disabled” under the social security laws. This is a complex decision that varies for every person.
The two ways a person qualifies as “medically disabled” is they either meet a listing in step 3, or they are found unable to work under step 5.
A social security listing is a specific condition that can qualify you for disability if you meet the exact requirements of the listing. For example, if you are diagnosed with anxiety, and you have medical documentation of 5 of the 9 symptoms listed, and these symptoms cause either a marked or severe limitation on 2 of the 4 areas of your life listed in the second part, you qualify for disability under the listing. While this is a very simplified explanation, it illustrates how narrow these listing can be. Many of the listings require specific tests to have ben performed, and everything needs to be documented by your doctor.
This causes problems for many clients as they may not have been able to afford to have those tests performed, the doctor may simply just not have ordered them, or the doctor may not have taken enough detailed notes on that specific issue.
This is why more of our clients who are successful in getting social security disability benefits are found disabled under steps 4 and 5 because there is no available work they can do in the economy.
In evaluating whether you are unable to work under steps 4 and 5, the judge will use the services of a vocational expert. This expert is at the hearing, either in person or by phone, and they play a game of hypotheticals. First, the expert will classify the claimant’s past work according to a guidebook of jobs in the economy. They will classify the skill level required and the physical level required to do the job.
The judge will then typically give a range of hypotheticals that could potentially match the claimant’s situation. They will often go from the best-case scenario, to the worse. The vocational expert will state if the hypothetical person can do any of the claimant’s past work, or any other jobs in the economy.
If the judge decides that the claimant matches the hypothetical person who has no past work and no other work available, they qualify for disability under step 4 and 5. This has some nuances based on your age bracket, but if the claimant is found to have no work available, they will be found disabled.Hiring An Experienced Social Security Disability Lawyer In New York City
If you are applying for disability it is a good idea to research and hire an experienced New York Social Security Disability Attorney. As we explained, there is no out-of-pocket costs for hiring one, and your chances of succeeding in your case are much better with a good social security lawyer on your side. We charge nothing for a consultation, and we can get the process of filing for social security disability benefits moving quickly so you can focus on taking care of yourself. Fill out our contact form, start a live chat, or give us a call at 1-800-518-4529 to get your claim started today.