Bronx Social Security Disability Lawyer

Are you out of work due to a severe injury or illness in the Bronx, NY? You may have the right to claim Social Security disability benefits. Unfortunately, the system can be much more complex than you expect. An experienced Bronx Social Security Disability lawyer at O’Connor Law, PLLC, can help you navigate the system and fight for your deserved benefits. Contact us for a free consultation today at (914) 595-4502.

For over 85 years, we’ve been helping our clients recover full and fair financial compensation. Now, we’re prepared to use our experience and resources in your case.

If you have questions about your rights or your SSDI claim, don’t hesitate to reach out to our law offices in the Bronx, New York, for a free consultation today. 

Why Call O’Connor Law, PLLC, for Help Handling a Social Security Disability Claim in the Bronx?

When you’re disabled and unable to work, federal assistance may be your only option. You’ve worked hard and paid into the system over the years. You should expect the government to have your back when you need help the most.

In reality, claiming SSDI benefits is extremely difficult. The rules are complicated and tend to work against hardworking individuals like you. It’s important to have an experienced Bronx Social Security Disability attorney on your team.

When you hire O’Connor Law, PLLC for help, you’ll have a team to:

• Help you understand your legal rights and options
• Compile strong evidence to file your initial claim for benefits
• Retain experts who can testify on your behalf
• Locate the documentation and medical evidence required to win on appeal
• Represent you during the appeals process

You probably have many questions about your legal options. Our attorneys have answers. To learn more about how we can help you get the benefits you deserve, call our law firm for a free case review today.

Overview of the Laws on Social Security Disability Benefits in the Bronx

Federal law gives disabled individuals in the U.S. certain rights. The Social Security Administration (SSA) administers these systems. 

Two programs that are primarily responsible for providing benefits to disabled individuals are:

• The Social Security Disability Insurance (SSDI) program, and
• The Supplemental Security Income (SSI) program

Social Security Disability Insurance benefits are available if:

• You suffer from a qualifying disability
• You have a prior earnings history
• You paid Social Security taxes into the system

Supplemental Security Income (SSI) provides benefits to disabled individuals solely on the basis of need. To qualify, you must prove that you suffer from a long-term disability and that you satisfy the SSA’s criteria with respect to your income and other financial resources.

These benefits are completely separate from those offered under New York workers’ compensation laws. While workers’ compensation is designed to provide relief for individuals who suffer work-related injuries or criteria, there is no requirement that your disability be work-related to qualify for SSDI or SSI.

How Do I Know Whether I’m Eligible for Social Security Disability Benefits?

As an initial matter, you must prove that you:

• Worked in a job covered by Social Security,
• Have earned sufficient work credits, and 
• You suffer from a qualifying disability that prevents you from performing substantial gainful activities, called SGA 

SSDI isn’t designed to compensate for short-term injuries. Your disability must generally last for more than one year. The SSA imposes a five-month waiting period before they’ll start paying benefits. They will start paying benefits only in the sixth full month after they determine that your disability began.

What Qualifies as a Disability for SSDI Purposes?

The definition of disability for SSDI purposes is strict. However, you can qualify based on psychiatric, cognitive, or medical impairments.

The impairment must significantly impact your ability to earn a living. In 2024, you become ineligible for SSDI benefits if your monthly earnings average more than $1,550 ($2,590 if you’re blind). These amounts are adjusted each year to account for inflation.

When you earn more than the monthly threshold, the SSA simply presumes that you do not suffer from a qualifying disability. If you do satisfy the income requirements, the SSA proceeds to evaluate the actual nature of your disability.

In determining whether your disability qualifies, the SSA first consults a list of specified conditions. 

Some of those conditions include:

• Certain neurological disorders and traumatic brain injuries
• Severe musculoskeletal disorders, including arthritis and disc disease
• Cardiovascular disease, including heart failure, heart transplants, and coronary artery disease
• Blindness and serious vision impairment
• Serious forms of post-traumatic stress disorder (PTSD)
• Certain neurocognitive disorders, schizophrenia, depressive and bipolar disorders, intellectual disorder, anxiety and obsessive-compulsive disorders
• Serious digestive system disorders
• Serious respiratory illnesses

When your condition is on the list, the SSA has a process for evaluating the impact of the specific condition on your ability to earn a living. However, your medical issues don’t have to be specifically listed to qualify for benefits.

If the condition is not on the list, you must prove:

• You cannot do the work you did previously
• You can’t do any other type of work, considering your skills, age, education, and limitations created by your condition
• Your condition has lasted for at least one year, is expected to last for at least one year, or is expected to cause your death

This is essentially a facts and circumstances test. The SSA will carefully evaluate the nature of your disability and determine how it impacts your earning capacity.

What Are Work Credits and How Do Work Credits Impact My SSDI Rights and Benefits?

In addition to suffering a qualifying disability, you must also prove that you have enough work credits to qualify for SSDI. When you earn income and pay Social Security taxes, you’re earning “work credits.” You can earn up to four work credits per year. 

To qualify for Social Security assistance, you must:

• Have at least 40 work credits total
• Satisfy a “recent work test”

The recent work test focuses on how recently you paid into the Social Security system. If you are 31 or older, you must have earned at least 20 of your work credits in the ten-year period before you suffered the disability. 

If you are younger than 31, you can qualify based on fewer work credits. For example, if you’re younger than 24, you can qualify based on earning at least six credits in the three-year period before suffering the disability.

The amount of earnings needed to qualify for a work credit changes every year. In 2024, you earn one work credit for every $1,730 in qualifying earnings. So, to earn the maximum of four credits for 2024, you must earn at least $6,920.

What Types of Compensation Are Available to Social Security Disability Recipients in the Bronx?

SSDI provides cash benefits for disabled workers. Unlike with personal injury cases, you don’t have to demonstrate any specific types of losses or expenses to receive benefits. 

There are, however, three primary categories of SSDI benefits:

• Cash benefits that are paid directly to the disabled individual
• Survivors’ benefits for a surviving spouse of a disabled worker, if the surviving spouse is at least 60 or if the surviving spouse is at least 50 but develops a disability within seven years of the spouse’s death
• Benefits for disabled adult children under the age of 22 when their parents are receiving SSDI benefits or are deceased

While SSDI benefits are generally modest, they can provide a critical safety net if you suffer from a disability. Our lawyers in the Bronx are here to help you understand your rights and options. To learn whether you qualify, contact our team for a free case review today.

What Should I Do If the SSA Denied My Social Security Disability Insurance Application?

It can be incredibly difficult to qualify for SSDI benefits. According to the SSA’s own statistics, most claims are initially denied. 

The SSA has multiple grounds to deny a claim, including:

• The application is missing evidence
• The applicant is able to earn a living
• The applicant’s earnings are too high
• The disability isn’t long-term or severe enough

Our Bronx Social Security disability attorneys can help you file an appeal if your claim was denied. We know the types of evidence the SSA wants to see, and we’re well-prepared to handle your appeal.

How Much Time Do I Have To Appeal if My SSDI Application Was Denied in New York?

It’s important to take action immediately if your SSDI application was denied. You must request a hearing to appeal the decision within 60 days of the denial. Otherwise, you risk losing your right to benefits unless you can prove that there is good reason to grant an extension.

Call an Experienced Bronx Social Security Disability Lawyer for a Free Consultation Today

Qualifying for SSDI benefits can be extremely difficult. You deserve to have an experienced Bronx Social Security Disability lawyer in your corner. At O’Connor Law, PLLC, we’ve helped countless clients like you get the disability benefits they deserve. Contact us today to get started.