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Glenn W. Magnell Attorney at Law NYS Criminal Defense, DWI - DUI, TRAFFIC TICKETS 162 Main Street, Goshen NY 10924 & 151 Continental Rd, Cornwall, NY 12518 Phone: 845-294-0585 Email: gmagnell@stormkinglaw.com Orange County NY, Putnam County NY, Dutchess County NY, Ulster County NY, Rockland County NY, Sullivan County, NY, Westchester County NY
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Hudson Valley Counties Served:
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Social Security (Disability and Survivor Benefits) Disability and Survivor Social Security Benefits Most people think of Social Security only as a retirement program. However, part of the Social Security taxes that every wage earner pays go towards providing benefits to the family survivors of a eligible workers who die, and towards providing benefits to workers who become disabled and are no longer able to work. Unlike the standard retirement benefits that Social Security offers, survivor and disability benefits can sometimes be confusing and difficult to obtain because the availability of benefits is not automatic and can be subject to decisions by the Social Security Administration that are based upon the subjective judgment Social Security employees. For information on Survivor Benefits click here.What are Disability Benefits? In addition to retirement and survivor benefits Social Security provides a form of insurance to workers who become disabled before they become eligible for Social Security retirement benefits. As with all other Social Security programs, disability benefits are only available to workers who have contributed to Social Security through taxes on their wages. Disability benefits are intended for workers who have been or will be disabled (unable to work) for at least 12 months. There are two different types of disability benefits, under the standard benefit program the amount that a worker can receive is determined by how long they had been working prior to their disability. There is no 'means test' for this benefit (it doesn't matter what assets or other income you may have). In addition, Social Security provides additional benefits to disabled workers through the supplemental security income program if their income is below a certain threshold. Disability benefits are also available, in some circumstances, to dependents of disabled workers such as minor children, spouses, etc. How Do Disability Benefits Work? Applying for and receiving disability benefits is a complicated process that takes at least 3-5 months (and often much longer). Workers applying for disability benefits need to provide detailed information to the Social Security Administration about their disability, dependents, other income, expenses, etc. A special office within Social Security then evaluates the application for benefits and makes a determination. The complete process is quite complicated. You can detailed information on disability benefits on the Social Security website: http://www.ssa.gov/pubs/10029.pdf Basic facts you should know *Your doctor(s) will need to provide detailed information about your disability to Social Security *Any determination by your doctor(s) that you "are disabled" is irrelevant to Social Security and will not be considered *Social Security will evaluate the medical evidence and compare it to predetermined definitions of what "disabled" means *A special medical evaluation is required before disability benefits will be granted *Being unable to continue to perform the kind of work you were performing before your disability is not the same as being "disabled" *It is not uncommon to have an initial claim for disability benefits to be denied. *You have a right to appeal any decision by Social Security to deny disability benefits *You have a right to be represented by an attorney (or other person you may designate) on any appeal of a denial of benefits For More Information *On standard disability benefits visit your local Social Security Office or the Social Security website at: http://www.ssa.gov/pubs/10029.pdf *On Supplemental Security Income visit or call your local Social Security Office or the Social Security website at: http://www.ssa.gov/pubs/11000.pdf *On the appeals process visit or call your local Social Security Office or the Social Security website at: http://www.ssa.gov/pubs/10141.pdf *For all other questions contact your local Social Security Office or visit the Social Security website at: http://www.ssa.gov/pubs/englist.html#Disability Do I Need an Attorney to Obtain Disability Benefits? Applying for disability benefits can generally be accomplished without the assistance of an attorney. However, if you do not feel that you understand the process or have your initial claim rejected you may wish to obtain the services of an attorney to assist you through the application and/or the appeals processes.
Please note: Information on this website is intended to inform, not to advise. No one should attempt to interpret or apply any law without the assistance of an attorney that is familiar with that area of law, the rules of the court involved and the specific facts of each individual case. |
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