Navigating the Social Security Disability Insurance (SSDI) claims process can be overwhelming, especially when you’re dealing with health challenges. At Nappa, Monterosso & Poznansky, LLP, our SSDI lawyers help you streamline the process and understand potential delays that can arise. For more than 30 years, we’ve helped injured workers throughout the greater NYC area get the SSDI and workers’ compensation benefits they need to protect their health and financial stability.
Understanding Social Security Disability Eligibility
Before starting your SSDI claim, it’s vital to understand the Social Security Administration’s (SSA) requirements, rules, and definition of a disability. Our Social Security Disability lawyers determine whether you meet the SSA’s eligibility criteria, including whether your employment history provides enough SSDI work credits and whether your condition meets the SSA’s definition of a disability. According to the SSA, this means you are unable to engage in any substantial gainful activity (SGA) because of a determinable impairment or condition that has lasted or could last at least for at least 12 months or result in death.
Whether you’re starting a new claim or working on an SSDI appeal, a thorough case evaluation helps your Social Security Disability lawyer identify potential weaknesses early on. It also enables us to determine how to strengthen your case, which can help you avoid SSDI denials and save a lot of time and effort.
How Long Does Applying for SSDI Take?
Timelines for the approval of SSDI claims can vary significantly. How long the decision takes can depend on the SSA’s caseload, the complexity of your case, if your application is complete, and whether an appeal is necessary. Generally, receiving a decision on an initial application takes about three to six months or more. If you receive a Social Security Disability denial, the reconsideration process may take three to five additional months. About 60% to 70% of initial claims are denied.
If after reconsideration your claim is denied again, you can request a hearing with an Administrative Law Judge (ALJ). This can push the total timeframe for a potential approval to 12 -18 months or more. Having an experienced disability lawyer to help you prepare and present your case at the hearing can significantly increase your chances of approval.
If you receive an SSDI denial from the ALJ, you can then appeal to the SSA Appeals Council. They may deny your request, send it back for another hearing, or make a decision themselves. If this step is not effective in getting your Social Security Disability benefits approved, the final step you can take is to file a lawsuit in federal court, which can several take years to resolve. However, when you have an SSDI lawyer help you with your initial application or appeal, the likelihood of becoming mired in long legal processes decreases.
Expedited Processing
In certain cases involving terminal illnesses, severe conditions, or those experiencing financial hardship, an applicant may qualify for expedited processing under programs like the SSDI Compassionate Allowances (CAL). If you’ve received SSDI benefits within the last five years and need to reapply, the SSA 5-year rule may enable you to get them faster as well. When our SSDI attorneys evaluate your case, we determine which programs or rules may apply and help you get the ball rolling so you get benefits as soon as possible.
Gathering Required Documentation
Many applicants receive SSDI denials due to incomplete or incorrect documentation. Our SSDI lawyers help you gather and submit all required documentation, including medical records, employment records, proof of identity, and other information. We consult with your healthcare providers to obtain detailed medical evidence, such as:
- Physician notes and treatment plans
- Test results
- Treatment plans
- A residual and mental functional capacity (RFC) assessment
- Statements about your condition and how it affects your life
- Form SSA-827, Authorization to Disclose Information to the SSA
The type of evidence you submit will depend on your specific condition and how it is described in the SSA Blue Book, which is a list of covered impairments. Your SSDI attorney can advise your doctors on which details and language should be included to support your claim and prove the severity of your condition. In some cases, our Social Security disability lawyers may work with medical experts who evaluate your condition and submit their statements as well. These expert opinions often carry substantial weight with the SSA and can help expedite the decision-making process.
Assistance with Preparing Your SSDI Claim
An SSDI application involves completing various forms, answering questions accurately, and providing a comprehensive view of how your condition has affected your ability to work. Incomplete paperwork, errors, or inconsistencies can lead to delays or SSDI denials. Our dedicated team is well-versed in the application process. We know how to help you craft a strong claim that articulates your limitations and symptoms in a compelling manner. Having an SSDI lawyer assist you with preparing your claim can make the process less overwhelming and reduce the likelihood of it being returned for clarification or correction, which can result in a more timely approval.
Avoiding Common Errors
Understanding the SSA’s criteria for a disability or illness can be confusing, and certain pitfalls can significantly slow down the SSDI application process. Submitting incomplete forms, missing deadlines, and failing to fulfill requests for additional documentation can slow down your claim and lead to a denial. Your SSDI attorney handles communications with the SSA, ensures all deadlines are met, and submits required information in a timely manner. This reduces the risk of miscommunication or missed deadlines and can prevent delays.
Help with the SSDI Appeals Process
Most Social Security Disability applications are denied the first time, and the SSDI appeals process can be complex and lengthy. Your SSDI attorney can file appeals promptly, gather additional evidence, assist you with reconsideration, and represent you in hearings. This ensures your case is presented effectively and efficiently at each stage, which can expedite proceedings. Our seasoned SSDI lawyers understand the intricacies of the appeals process and know how to employ legal strategies that lead to positive outcomes.
Increasing Your Chances of Approval
Working with a Social Security Disability attorney typically increases your chances of approval, both at the initial application stage and during appeals. A successful claim means you’ll receive SSDI benefits sooner, which can be life-changing if you’re in a precarious financial situation.
We use our knowledge and experience to advocate for your rights so you and your family can focus on your health and well-being. Our SSDI attorneys work on contingency, which means you won’t have to pay attorneys’ fees unless we get SSDI benefits for you. Our Spanish-speaking clients can count on attorney and Partner Rolando Cubela to provide top-notch legal services and support.
Contact Our Social Security Disability Attorneys in the Greater New York City Area
Navigating the Social Security Disability claims process can be overwhelming, but you don’t have to face it alone. Our SSDI lawyers at Nappa, Monterosso & Poznansky, LLP are here for you. Call 718-273-9000 or contact us today to schedule a consultation with a disability lawyer in the Greater NYC area.
