Social Security Disability
You put money into the Social Security system your entire working life so that it will be there for you when you retire or if you ever become disabled from working. Now that you have become disabled and can no longer work, you expect to receive the Social Security benefits that belong to you, right? Alarmingly, as many as two-thirds of all applications for Social Security Disability benefits are denied. Peter Cordovano is an experienced Social Security Disability attorney who can help you get the benefits you are entitled to, as he has for countless others through many decades of practicing disability law in New York’s Hudson Valley.
How SSDI Works
As the name implies, Social Security Disability Insurance, also known as SSD or SSDI, is an insurance-based system. You paid your premiums with every dollar you ever earned, through the FICA withholding which was pulled out of every paycheck. In fact, you are not eligible to receive SSD unless you have contributed to the system through FICA withholdings on your earnings. Clearly it would seem that getting your disability benefits is a simple matter of filing a “claim” with “the insurance company,” which in this case is the Social Security Administration (SSA). Unfortunately, the SSA applies very strict definitions and a rigorous eligibility process in order to keep payouts to a minimum.
In order to qualify for SSD, you have to go through a laborious five-step process, where the SSA evaluates your age, education, work history, skills, and physical and mental condition to determine whether you are eligible for benefits. To be qualified for SSD based on your earnings history, SSA will consider the total amount you have worked and whether you worked in five of the past ten years and accumulated the required number of work credits. Additionally, you must be able to demonstrate the following:
- You are permanently disabled from working
- You have a permanent significant diminishment in your earning capacity
- You have medical certification showing that your injury is permanent or that it is expected to last for at least one year or end in death
If your claim for benefits is denied, you have many options, including a request for reconsideration, appeals council review, and civil litigation in federal court. See our Social Security Disability Process page for more information on these steps.
Help is Available when Your Benefits are Denied
When people find out their application for benefits is denied (as happens in the vast majority of cases), many people simply give up. Either they do not know how to appeal a denial, or they cannot face the daunting and frustrating process of going up against the bureaucracy of the Social Security Administration. Highland attorney Peter Cordovano has been helping people like you for decades obtain their benefits even after they have been denied. If you are struggling to get your Social Security Disability benefits in the Hudson Valley region of New York, contact Peter M. Cordovano, P.C. for a free consultation.