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The Disability Guys answer your questions about Social Security disability benefits

If you have tried dealing with the Social Security Administration on your own, then you know it can be a frustrating, confusing and demoralizing experience. The Social Security Administration is a large bureaucracy; the rules and regulations that govern the benefits programs are complex and often illogical in their application. (For some real-life examples of how the rules sometimes defy commonsense, read Examples of who is and who is not disabled.)

The Disability Guys — White Plains disability lawyers, Brian Mittman and Scott Daniels — can help you make sense of it all. This website provides information and straightforward answers to your most pressing questions. Start with the questions below, and then explore the site for more specific information. If you still have questions or if you just want to talk about your case, contact The Disability Guys directly. Knowledge is power when it comes to dealing with the Social Security Administration. The more you know about how disability benefits determinations are made, the stronger your case will be.

Am I eligible to receive Social Security disability benefits?

If you cannot work because of a physical or mental impairment, you may be eligible to receive Social Security disability benefits under one of two programs: Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Both programs require you to be “disabled,” as that term is defined by the Social Security regulations, and to meet certain non-medical criteria.

Social Security definition of “disability”

Simply put, to meet the Social Security definition of “disability,” you must establish that you have a severe physical or mental impairment which can be expected to result in death, or which has lasted or can be expected to last for a continuous period of not less than 12 months; your impairment must prevent you from doing the work you did previously and, considering your age, education and work experience, any other work that exists in the national economy.

SSDI non-medical eligibility criteria

The federal Social Security Disability Insurance (SSDI) program is similar to a private New York disability insurance policy. The Social Security taxes that are deducted from your paycheck are analogous to the premiums you would pay on a private insurance policy. In order to be eligible to receive SSDI benefits, you must have worked recently enough and long enough (in other words, paid Social Security taxes (“premiums”) recently enough and long enough) to achieve “insured” status. For most adults, this generally means 40 quarters of work and disability beginning within 5 years of the qualifying work.

SSI non-medical eligibility criteria

The federal Supplemental Security Income (SSI) program provides benefits to disabled persons with limited income and assets, regardless of work history. Thus, if you are disabled, but have never worked, or have not worked long enough or recently enough to qualify for SSDI benefits, you may eligible to receive SSI benefits. Even children are eligible to receive SSI benefits.

What types of impairments might make me eligible for Social Security disability benefits?

Common impairments that may give rise to a claim for Social Security disability benefits include:

  • Asthma, cystic fibrosis, emphysema, and other respiratory disorders
  • Anxiety, post-traumatic stress disorder, depression, schizophrenia, and other mental disorders
  • Arthritis, back injuries, joint pain and other musculoskeletal disorders
  • Diabetes, lupus and similar endocrine and immune disorders
  • Heart failure, peripheral artery disease, ischemic heart disease and other cardiovascular diseases
  • Neurological conditions, such as epilepsy, stroke, cerebral palsy, and multiple sclerosis
  • Pain disorders, including fibromyalgia, RSD, and complex regional pain syndrome

The Social Security Administration has compiled a list of more than 100 impairments that are deemed so severe as to render a person disabled as a matter of law. The Listing of Impairments may be found on the Social Security website, at http://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm. If your impairment “meets or medically equals” a Listing impairment, then you are “disabled” and eligible to receive benefits. If you would like more information about a specific impairment, see Applying for disability benefits when you have . . .

Contact The Disability Guys

White Plains disability lawyers, Brian Mittman and Scott Daniels

No rule or regulation requires that you have a lawyer represent you in order to be awarded Social Security disability benefits. However, even the Social Security Administration agrees that your chances of success greatly improve if you have an experienced and knowledgeable Social Security attorney on your team. The Disability Guys can review your case, explain your legal options, and help you navigate the bureaucracy. If you would like to talk with The Disability Guys, please take a moment to complete the Free Claim Evaluation form on this page, or call or email The Disability Guys directly.

We appreciate your consideration.

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