When you have a disability and need Social Security Disability (SSD) benefits in New York and New Jersey, time is critical. You need to apply because you may have been out of work and you need the money, so you apply without proper documentation. You know you have a disability, so it is hard to understand why the information you provided simply is not enough. Failure to provide adequate documentation and proof of your qualifying disability is one of the main reasons so many applications are denied.
At Orak & Associates PC, our disability attorney in New York and New Jersey handles these types of cases and knows what types of evidence and the extent of the latter is needed to satisfy an SSD application. If you need disability benefits, do not risk a denial because you are in a rush to apply. Contact us at 855-672-5529 to schedule a Free Consultation and we can help you apply timely but properly with a well-supported application. If your disability benefits application has already been denied, we can help you bolster your appeal with the right type of evidence to maximize your chances of a successful outcome.
Proving Medical Conditions for Social Security Disabilities Benefits in New York and New Jersey
Receiving approval from the Social Security Administration (SSA) for disability benefits can be an arduous and time-consuming process. The SSA denies most first-time disability benefits applicants; many of those denials are because the applicant failed to prove their disability. Applicants have steps to take to successfully prove their disability so they can qualify for Social Security Disabilities benefits.
An applicant for SSD benefits must submit medical and non-medical evidence of their disability to the SSA. Medical evidence can be from licensed physicians or other medical professionals, such as speech-language pathologists and licensed physician assistants.
Evidence may include:
- Proof of diagnosis
- Reports from diagnostic testing
- Operative reports
- And other
Non-medical evidence includes workers' compensation settlement documents or proof of long-term disability benefits. School records are also beneficial.
SSD Qualifying Disabilities
The SSA has an exhaustive list of disabilities considered severe enough that a person with these disabilities will qualify for benefits. There are actually two lists, one for children and one for adults.
For all disabilities:
- The impairment must impair the applicant to the point they are unable to engage in any substantial gainful activity (SGA); and
- The impairment can be expected to result in death; or
- The impairment will last (or has already lasted) no less than 12 months.
Also, for adults, the applicant must not be able to do the same work they did previously or cannot adjust and do different work. SSD benefits are not available for partial or short-term disabilities.
Adult Listing of Impairments
The adult list of impairments applies to adults aged 18 and older.
- Musculoskeletal Disorders
- Special Senses and Speech
- Respiratory Disorders
- Cardiovascular System
- Digestive System
- Genitourinary Disorders
- Hematological Disorders
- Skin Disorders
- Endocrine Disorders
- Congenital Disorders that Affect Multiple Body Systems
- Neurological Disorders
- Mental Disorders
- Cancer (Malignant Neoplastic Diseases)
- Immune System Disorders
Childhood Listing of Impairments
The childhood list of impairments applies to children under the age of 18.
- Low Birth Weight and Failure to Thrive
- Musculoskeletal Disorders
- Special Senses and Speech
- Respiratory Disorders
- Cardiovascular System
- Digestive System
- Genitourinary Disorders
- Hematological Disorders
- Skin Disorders
- Endocrine Disorders
- Congenital Disorders that Affect Multiple Body Systems
- Neurological Disorders
- Mental Disorders
- Cancer (Malignant Neoplastic Diseases)
- Immune System Disorders
What Happens When a Condition Is Not Listed?
When a condition is not listed with the SSA, the SSA will review the condition to decide whether it is as severe as the conditions on the list. Determining if benefits will be awarded is the result of several determinations.
- The SSA will find the unlisted condition qualifies as a disability and will award benefits.
- The SSA may not find the condition as severe as the conditions on the list but will determine whether the condition prevents the applicant from working. Then, the SSA will determine if the applicant cannot work in their current position and whether they can in any other position. If not, the applicant will likely be awarded benefits. If they can work in another area, then benefits will likely not be awarded.
How a Social Security Disability Lawyer Can Help Your Case
A social security disability lawyer can prove very beneficial to you when you are applying for SSD benefits. They are able to explain the process to you so that you understand how the process works and whether or not they feel you will be awarded benefits, and if so, in what amount. They can also explain ways to bolster your case so that you can maximize your ability to receive benefits.
Following are some other ways in which a social security disability lawyer can help your case:
- Document Collection: Your lawyer will know what documents and information you need to provide the SSA to be approved for benefits. They can help you gather these documents and provide them to the SSA.
- Appeals Process: If your initial claim for benefits is denied, the attorney can help you figure out why your claim was denied, and help you rectify the problem so that you can win your case on appeal.
- Hearing Preparation and Representation: Your lawyer will know what to expect at the hearing for your benefits, and they will help you prepare for what is going to happen. They will also be at the hearing with you, representing your interests and ensuring that your rights are not trampled.
Depending on your particular case, there are many other ways a social security disability lawyer can help you with your claim for disability benefits.
Contact a Social Security Disability Attorney in New York and New Jersey Today
Making sure your application for Social Security Disability benefits is properly supported with the right type of evidence is critical to success. At Orak & Associates PC, our disability benefits lawyer in New York and New Jersey will review your disability and the evidence you have. We can then identify any issues and seek additional documentation to bolster your claim. We will make sure your disability is thoroughly supported by the evidence so that the SSA does not have to question it.
Contact us today by either filling out the online form or calling us at 855-672-5529 to schedule a Free Consultation.