Eligibility Requirements for SSDI & SSI Claims in New York
Rochester attorney assists you in filing for claims through the Social Security Administration
At Donald R. Bleier Attorney at Law, I represent clients who, through no fault of their own, need help making ends meet when they've become disabled. As your advocate, and to give you the best possible chance of receiving benefits, I thoroughly explain what you need to do to qualify for disability through the Social Security Administration (SSA). The Social Security Disability Insurance (SSDI) program offers benefits to responsible workers who become injured and are no longer able to do their job. The SSDI program provides monthly cash payments to adult workers who have sufficient work history and a qualifying injury. Besides having sufficient work credits, you must also meet these eligibility requirements:
- Have an impairment that is recognized or equivalent to a recognized disability
- Have at least one severe disability that prevents you from doing the work you used to do
- Expect to be disabled for at least one year
- Be unable to find alternative work permitted by your residual functional capacity (RFC), or what you are able to do now
For an SSDI application to be approved, you must include proof of your disability and its effects on your daily life. My office helps you prove your disability to the SSA by collecting, preparing and analyzing the following:
- Medical records
- Educational records
- Work history
- Activities of daily living (ADL) questionnaires
Your SSDI benefits continue until you are no longer disabled in the eyes of the SSA, you begin working again, you are incarcerated or you reach eligibility for Social Security retirement benefits. At Donald R. Bleier Attorney at Law, I handle all written legal briefs and prepare you thoroughly for any hearings or appeals that may be necessary.
What are the eligibility requirements for SSI?
If you are disabled but do not have enough work history to qualify for SSDI, you may still qualify for Supplemental Security Income (SSI). SSI provides cash assistance but without the work requirement to people who are disabled, blind or 65 years old and older. An additional requirement to receive SSI is that your assets must not exceed certain limits. For single individuals, the limit is $2,000; for couples, it's $3,000.
Understanding the trial work period and additional benefits
A trial work period allows a person who already receives Social Security Disability benefits to attempt work. This test period can negatively affect your eligibility and your benefit amount, however, so you should consult with an experienced attorney before restarting work. The trial work period permits a certain amount of substantial gainful activity (SGA), or income, monthly before that month is counted against your trial period. While the amount is adjusted yearly, for 2013, the monthly earnings trigger is $750. If you exceed that amount in nine of the previous 60 months, or five years, then you are no longer considered disabled and are not eligible to receive further benefits.
If you qualify for SSDI or SSI, additional medical benefits may be available. In New York, those who qualify for SSI automatically are enrolled in the Medicaid program. Those who qualify for SSDI may also qualify for Medicare benefits, but not before having received SSDI benefits for at least two years.
Contact my office for help with Social Security Disability requirements
At Donald R. Bleier Attorney at Law, I treat you with the respect and compassion that you deserve as you seek the benefits you need. I work directly with you and personally handle all aspects of your Social Security Disability filing process, including appeals. For a free consultation, please call me at 585.563.9054 or schedule an appointment online.