What Constitutes Social Security Disability Law?
Social Security disability in New York is governed by the US Federal Government; the program has been designed to provide money to those workers who become disabled. The program is under the auspices of the SSA; Social Security Administration. The goal of the program is to ensure that those people that have yet to reach retirement age and can no longer do any work as a result of a physical or mental disability get cash benefits.
To be eligible for disability payments the worker applicant must meet several criteria, all of which have been established as law. Although all requirements must be met, the most important include the applicant being adjudged that he or she has a physical or mental disability that makes it impossible for them to work, the disability is expected to either result in the death of the applicant or last at least one year, the applicant has yet to reach the minimum age of retirement and has enough qualifying income over the last ten years. Those applicants that can meet these criteria are usually approved and will receive a monthly check as long as they continue to be qualified.
The Social Security Administration have a “Blue Book” that describes in detail those disabilities that are covered by the law, it is of paramount importance that the applicant has a qualifying disability. In order to be seen as truly disabled the applicant must not be able to perform the work they did in the past and it must be proven that they cannot perform alternative tasks due to the disability. To prove this to the SSA is a log, drawn out process and extensive medical supporting documentation is needed.
It is also very important that the applicant has worked enough to earn sufficient wages to qualify. To gain approval the applicant has to have earned enough work credits and they must have been earned recently. The income that is required to earn credits changes annually, an applicant is well advised to determine whether they have enough work credits or not before applying, otherwise they may have to apply for Supplemental Security Income benefits.
The amount the applicant will receive every month all depends on their income before becoming disabled. As well as the applicant, the spouse and minor children might also receive benefits. There is a waiting period that the applicant must go through before consideration is given to the application, however, payments can be retroactive.
The laws applying to Social Security disability in New York are extremely complex and as such it is far better to engage the services of a seasoned attorney to assist. You are invited to discuss your case with Daniel Berger, Attorney at Law.