New York lawyers

  Last month, I wrote with excitement about how I was finally going to view my clients' claims files on a special Social Security representatives' website, using highly secure passwords and access codes provided by the Agency. Well, after using the resource for nearly a month, I can say that I am pleased with the efforts that they put both into securing my client's information from inappropriate eyes and providing me access to the information. I won't say that the process is without hitches; cases that are coded to my partner or to my associate are not accessible using my access codes, for example.  https://askcompetentlawyer.com/intellectual-property-rights/   However, for the cases that I can pull up, there is tremendous value. Now, rather than waiting for a hearing office to respond to my telephone or fax request for a CD of the Administration's file, I can just log on and review what they have. I can cross check the claims file with what we have to make sure I d...

  A disturbing trend has emerged at local Social Security offices that is hurting everyone applying for Social Security Disability and SSI benefits. Many local offices have little more than half the staff they used to, as budget cuts over the past decade have made it impossible to replace the many experienced and knowledgeable employees that have either retired or moved on in their careers. The result is that even with electronic filing, cases are often not being sent to the State Agency in a timely manner to start the medical evaluation that is the heart of the process. Although at our own firm we file our initial applications electronically, there are still actions that the local staffers must take to process the claim. More and more, those are not being done or are greatly delayed, despite their routine nature. Additionally, we are finding that due to inexperience and limited training, the SSA staffers often fail to complete the routine clerical process, leading to difficulties ...

The Social Security Disability Insurance (SSDI) benefits program provides financial support to people who are unable to work for at least one year due to physical or mental disability. While more than 13,000 disabled people received SSDI benefits in April alone, many people who are presently able to work are not aware that they may be eligible for benefits based on a disability that may have ended. Persons who were previously disabled, but are presently able to work may be eligible for SSDI benefits covering what the Social Security Administration calls a " closed period of disability."  This term refers to a period during which medical evidence establishes that the person was unable to engage in substantial gainful work activity for a continuous period of 12 months, but by the time the disability decision is made, the person has shown medical improvement, whether or not they have returned to work. In order to obtain SSDI benefits for a closed period of disability, the cl...

  The law requires the Social Security Administration and its judges to make very specific findings in considering the severity of any impairments suffered by a person seeking Disability benefits. In   Charlton v. Commissioner of Social Security , the U.S. District Court for the Northern District of New York explains that it simply can't decide whether an SSA decision on a claim is justified where the agency hasn't performed the required analysis. Mr. Charlton filed a claim for Social Security Disability Insurance benefits and Supplemental Security Income in April 2010. He claimed that he had been disabled since early September 2009, as a result of mental impairments including intermittent explosive disorder, depression and anxiety.  https://askcompetentlawyer.com/civil-litigation/   The first of these impairments is characterized by repeated episodes of impulsive, aggressive and violent behavior or angry verbal outbursts. The SSA initially denied the claim. Followin...

  The Social Security Disability benefits   claim process   can be long and complicated. Below is a brief description of the process and the general timeframes for each step. Initial Decision (4 to 6 months)  The claim process begins with the filing of a benefits application, which may be submitted by mail or online to a local Social Security Administration (SSA) office. After reviewing the claim, which can take three to five months, the SSA issues an initial decision. https://askcompetentlawyer.com/  Applicants who suffer from certain severe impairments may be able to request a "Compassionate Allowance" via an SSA program that fast tracks certain claims, speeding decision times up to six to eight weeks. If the SSA determines that the applicant is disabled and entitled to benefits, the application is transferred to a Social Security Payment Center, where the benefits amount is calculated. The retroactive payment typically comes approximately 30-45 days after a f...

  The basic idea behind   Social Security Disability benefits   is a simple one: people pay into the system for the security and peace of mind, knowing that they can count on at least some level of financial support in the event that they are not able to work due to a physical or mental impairment before reaching retirement age. Unfortunately, obtaining these benefits if the time ever comes that you need them is often not so simple. The good news is that persons seeking disability benefits can go a long way in navigating the process and putting the strongest possible claim before Social Security Administration decision makers and judges by seeking the counsel and advice of an experienced SSD attorney. The process of obtaining SSD benefits can be long, complicated and aggravating. In fact, we have found that many people give up on their claims without even completing their applications when they realize the extent of the information, documentation and other evidence requir...

  In   Social Security disability cases , medical evidence - doctor's opinions, treatment records, objective clinical studies etc. - is the key to winning a claim. That is, a clear and accurate record showing that the claimant suffers from an impairment or combination of impairments affecting his or her ability to work makes it more likely that a claim will ultimately be approved. In   Troy v. Commissioner of Social Security , however, the District Court for the District of New Jersey explains that medical evidence is not the only thing that a Social Security judge must consider in reaching a decision on a disability benefits claim. Plaintiff Candace Troy received Social Security disability benefits from 1976 to 1981. In 2007, she filed a claim for retroactive benefits related to a disability period that began in 1991. Plaintiff asserted that she's been unable to work since that time as a result of depression and personality disorder. The Social Security Administration (S...