Social Security Disability Attorneys Serving the Greater NYC Area
Dealing with a disability can have a serious impact on many areas of your life. If you’re unable to work due to a disability, filing a Social Security Disability claim can help ease financial stress and give you peace of mind. At Nappa, Monterosso & Poznansky, LLP, our Social Security disability lawyers are dedicated to helping clients throughout the greater New York City area pursue the SSDI benefits they need.
Who Is Eligible for Social Security Disability Benefits?
Social Security Disability Insurance, or SSDI, is a federally funded program administered by the Social Security Administration (SSA). This program provides cash payments and other benefits to disabled people who are unable to work. To qualify, you must meet the following Social Security Disability requirements, which include:.
- You have enough SSDI work credits, based on your work history and payment of Social Security taxes
- You suffer from a disability or medical condition that prevents you from working for at least one year or that may end in death
- Your condition meets the SSA’s definition of a disability
- You’re younger than full retirement age
If you meet these requirements, you can apply online, over the phone, or in person. You will need to prepare by gathering documentation of your disability, your work history, bank records, and personal and family information. You can use the SSA’s benefit finder to see if you qualify for SSDI or Supplemental Security Income (SSI).
How Can a Social Security Disability Lawyer Help Me Make a Claim?
Navigating the Social Security Disability Insurance claims process and the SSA’s complex rules can be challenging. Our Social Security Disability attorneys in the greater NYC area can determine which definition of a disability your condition meets and the types of documentation to include. They know how to gather and present medical records and other important evidence to help you build a strong claim for SSDI benefits.
If you’re applying for SSDI due to a workplace injury, things can become even more complicated. Your Social Security Disability lawyer guides you through the process every step of the way and gives you the best chance of a successful outcome. We help you maximize any benefits you may receive and ensure your Social Security Disability application meets the SSA’s rigorous standards.
Types of SSDI Cases We Handle
At Nappa, Monterosso & Poznansky, LLP, our lawyers have more than 30 years of combined experience handling disability and workers’ compensation claims. Our Social Security Disability attorneys handle many types of claims, including those involving
- Muscular disorders such as ALS (Lou Gehrig’s disease), MS (multiple sclerosis), and neuropathy
- Skeletal disorders such as arthritis, scoliosis, osteoporosis, and bursitis
- Cancers of the lung, prostate, breast, and other areas
- Injuries such as hearing loss, burns, and spinal cord problems
- Mental health conditions such as schizophrenia, depression, OCD (obsessive-compulsive disorder), and bipolar disorder
- Heart and vascular conditions such as heart disease or coronary artery disease
These are just a few examples of conditions that may qualify you for SSDI benefits. If you or a family member needs assistance with a Social Security Disability application or appeal, you can trust our team at Nappa, Monterosso & Poznansky, LLP to help you pursue the benefits you need and deserve.
Common Reasons Social Security Disability Claims Are Denied
Understanding why Social Security Disability claims are denied can help you avoid common pitfalls during the SSDI claims process.
Lack of Medical Evidence
Insufficient documentation of a condition or disability is a common reason for Social Security Disability denials. The SSA requires detailed medical records that prove a person’s disability is severe enough to prevent them from working. They must also sufficiently demonstrate that their condition matches one of the listed impairments in the SSA’s Blue Book.
Our SSDI lawyers ensure all relevant medical information is included and can advise your healthcare providers on the specific information and language needed for your claim.
The Disability Isn’t Long-Term or Severe Enough
The SSA only approves disabilities that are expected to last at least 12 months or result in death. Short-term conditions or those deemed not severe enough are usually denied. For example, if you suffered a broken leg from acute trauma sustained in a car accident, you may receive a Social Security Disability denial, as your injury is likely to heal in less than a year. However, if you experience complications that significantly extend your recovery period, the SSA may approve your Social Security Disability benefits.
Failure to Follow Prescribed Treatment
If you’re considering applying for SSDI, following all treatment recommendations by your healthcare providers is a must. It’s important to note that if your disability is due to drug or alcohol addiction, your claim may be denied if you’re still using these substances.
You Can Still Work
If the SSA determines that you’re able to perform some type of work, you may receive an SSDI denial. This may include previous work or other types of employment that match your skills and abilities.
Your Earnings Exceed the Substantial Gainful Activity (SGA) Limit
If you earn more than the monthly income limits set by the SSA, your claim may be denied. In 2025, the income threshold is $1,620 per month and $2,700 per month for legally blind applicants.
Missing Information
If you don’t provide all the necessary information requested by the SSA, your claim may be denied. This includes the results of any medical examinations requested by SSA and other requirements specific to your case.
Appealing a Denied Social Security Disability Claim
If you receive a Social Security Disability denial, it’s important to act quickly, as you only have 60 days to file an SSDI appeal. First, you may submit a request for reconsideration by the SSA. If the reconsideration is denied, you can request a hearing with an Administrative Law Judge. Your Social Security Disability attorney can prepare you for this hearing and offer evidence and arguments that support your claim.
If you receive another SSDI denial, the next step is to take your case to the Appeals Council. As a final option, you can file a lawsuit in federal court. Having an experienced SSDI lawyer throughout the process can improve your chances of a successful appeal.
Social Security Disability FAQs
What Information Do I Need to Provide for My SSDI Claim?
In addition to providing personal information like your name, proof of age, and Social Security number, you’ll need to provide a detailed work history, military service records, and medical records. Other evidence may include a symptom journal and description of how your disability has impacted your life, statements from family, friends, and coworkers, information about prior SSDI decisions, and all completed SSDI application forms. Your Social Security Disability attorney can provide a comprehensive list of what needs to be submitted, help you gather it, and ensure all required documentation is included with your application.
How Long Does It Take for My SSDI Application to Be Processed?
The amount of time varies from person to person, but the initial application process typically takes one to three months. The SSA may come to a decision within three to five months, depending on caseloads. The amount of time you have to wait may depend on your disability, proper documentation, previous applications, and other factors.
How Much Money Can I Receive From Disability Benefits?
Each beneficiary’s payment will differ depending on their work history, other income, disability, and family situation. The average payments range from around $500 to $2,000 per month.
Can I Work While Receiving Social Security Disability Benefits?
Although you can work while receiving Social Security Disability benefits, the SSA has specific rules and guidelines that must be followed. These rules are designed to allow people to try working without automatically losing their benefits. It's essential to carefully monitor your earnings and consult with your disability attorney if you’re unsure about how working will affect your benefits.
What Can I Do If My Social Security Disability Claim is Denied?
If your SSDI claim is denied, you can file an appeal to request a review of your case by the Social Security Administration (SSA). Our Social Security Disability lawyers can assist you with your appeal and represent your interests in any hearings.
How Long Do I Have to Wait for a Hearing after an SSDI Denial?
After a Social Security Disability denial, you typically have 60 days to file an appeal and request a hearing. It can take anywhere from several months to over a year for a hearing date, depending on where you live and the SSA’s current caseload.
What if My Social Security Disability Benefits are Terminated?
If your Social Security Disability benefits are terminated, you can appeal the decision and may be able to continue receiving benefits while your appeal is pending. Exceptions like the SSDI 5-year rule may enable you to get SSDI benefits faster if you’ve stopped receiving them and need to reapply.
What are the Chances of Winning a Social Security Disability Appeal?
The chances of winning an SSDI appeal are much greater if you have an experienced Social Security Disability attorney in your corner. Only about 15% of applicants are approved at the reconsideration stage, while nearly 50% are approved at the hearing level with an administrative law judge.
How Does My Work History Affect My Eligibility for SSDI?
Your work history determines whether you have earned enough work credits to qualify for Social Security Disability benefits. One of the most important factors is how much you have worked in the past 10 years. An SSDI lawyer can review your work history and make sure you have enough work credits before starting your application.
Do I Need a Lawyer for an SSDI Claim?
Hiring a lawyer to help with your application or appeal isn’t required, but it can take some of the weight off your shoulders and increase the likelihood of your Social Security Disability claim being approved.
How Much Does a Social Security Disability Attorney Cost in New York?
Our Social Security Disability attorneys work on a contingency fee basis, which means you’ll only pay attorneys’ fees if we win your case. Generally, this fee is up to 25% of the retroactive benefits you are awarded. Your Social Security Disability attorney will explain our fee structure and other costs before working on your case.
Contact Our SSDI Lawyers in the Greater New York City Area
At Nappa, Monterosso & Poznansky, LLP, we care about your health and financial security. If you need assistance with an SSDI claim or appeal, Call 718-273-9000 or contact us to schedule a consultation with a Social Security Disability Lawyer in the Greater NYC area. Attorney and Partner Rolando Cubela proudly serves our Spanish-speaking clients.
