Newburgh Social Security Disability Insurance Lawyer
Too many Newburgh residents do not pursue the Social Security Disability Insurance benefits they are entitled to, even those they have paid into their whole lives. While many avoid going after these benefits because applying for them is often a complex process that can become even more frustrating when the application is delayed or denied, this should not stop you from going after the money you need.
Fortunately, with a Newburgh Social Security Disability Insurance attorney from Finkelstein & Partners on your side, you do not have to fight for these benefits yourself. Instead, our attorneys are here to fight on your behalf, help you get your benefits during this challenging time in your life, and protect your rights throughout the process.
Finkelstein & Partners LLP—Newburgh’s Social Security Disability Insurance Lawyers
Finkelstein & Partners LLP was founded in 1959 by Howard S. Finkelstein to help those who could not help themselves and fight for their rights and the justice they deserve.
Today, the firm has grown to include multiple locations around New York and New Jersey, and the size of the firm has expanded to include more than 85 attorneys and 170 para-professionals dedicated to providing clients with the excellent legal representation they require.
Yet, while we are large enough to take on even the biggest insurance companies, we remain small enough to give you the personal attention your case needs. Our approach is based on transparency and providing you with access to the same information we have by using our innovative online system, which is available 24/7.
More importantly, through our resources, drive, and hard work, we have also secured millions of dollars on our clients’ behalf through settlement negotiations and jury trial verdicts. And while we cannot promise these same results for every case we take on, when you work with our legal team, you can rest assured that our attorneys can fight hard for every last dollar you deserve.
Common Social Security Disability Injuries
According to the Social Security Administration, to receive disability benefits, you must show that you cannot do any substantial gainful work (SGW) because of your medical condition, you cannot do the work you previously did or adjust to other work because of your medical condition, and doctors expect the condition to last for at least one year or result in your death.
In addition, the administration will also use a list of impairments describing certain diseases and conditions to determine if an individual qualifies for these benefits.
- Musculoskeletal issues, including back injuries, Reflex Sympathetic Dystrophy, arthritis, and fibromyalgia
- Special senses and speech issues, including vision and hearing loss
- Cardiovascular system problems, including heart failure, angina, coronary artery disease, hypertension, and abnormal heart rhythm
- Digestive system issues, including chronic liver disease, irritable bowel syndrome, and short bowel syndrome
- Respiratory disorders, including asthma, cystic fibrosis, and chronic pulmonary hypertension
- Genitourinary disorders, including chronic kidney disease and nephrotic syndrome
- Hematological disorders, such as bone marrow failure, hemolytic anemia, thrombosis, and hemostasis
- Skin disorders, including dermatitis, chronic infections, and burns
- Endocrine disorders, such as thyroid gland disorder
- Congenital Disorders that Affect Multiple Body Systems
- Neurological disorders such as Multiple Sclerosis, cerebral palsy, Parkinson’s disease, epilepsy, and ALS
- Mental disorders, such as depression, anxiety, autism, schizophrenia, intellectual disabilities, and post-traumatic stress disorder
- Immune system disorders, such as HIV/AIDs, systemic sclerosis, lupus, and rheumatoid arthritis
- Cancer (malignant neoplastic diseases), including lung cancer, soft tissue cancers of the head and neck, breast cancer, and most other types of cancer
While this is a strict definition of disability, the Social Security program rules assume that working families have access to other resources to support them during periods of short-term disability, including insurance, savings, investments, and workers’ compensation. That is why no benefits are payable for partial or short-term disability.
How Does the Social Security Administration Decide Disability?
Once the Social Security Administration decides you have enough work to qualify for disability benefits, they will use a step-by-step process to determine if you have a qualifying disability. This process often involves the following questions:
Are You Working Right Now?
If you are working and your earnings average more than $1,350 ($2,260 if you are blind) per month, you typically cannot be considered to have a qualifying disability.
On the other hand, if you are not working or are working but not performing substantially gainful activity, the Disability Determination Services (DDS) to decide on your disability application. The office will use the below steps to conclude whether you qualify.
Is Your Medical Condition Severe?
Your medical condition must significantly limit your ability to do basic work-related activities such as standing, walking, lifting, sitting, or remembering for at least 12 months. If the medical condition does not limit these abilities, the administration will find that you do not have a qualifying disability.
However, if your condition does interfere with basic work-related activities, the administration will continue to the next step.
Is the Medical Condition Found in the List of Disability Conditions?
The administration maintains a list of medical conditions that are considered severe enough that they can prevent a person from doing substantial, gainful activity. If your medical condition is not on the list, the Social Security Administration will need to figure out if it is as severe as a listed medical condition. If they decide it is, they will find that you are disabled under the guidelines. If they do not, they will proceed to the next step.
Can You Do Work You Previously Have Done?
If the Social Security Administration does not find you are disabled based on the severity of your conditions, it will then ask if your medical impairment(s) prevents you from performing any of the work you did in the past. If these conditions do not impact your ability to do this work, they will likely decide you do not have a qualifying disability. If they do, the administration will proceed to the last step.
Can You Do Any Other Type of Work?
If you cannot do the work you previously did, the Social Security Administration will have to examine if you could do any other work despite your medical impairment(s).
They will consider your medical conditions, education, age, past work experience, and any transferable skills you may have. If you cannot do other work, the administration will decide you qualify for disability benefits. If you can do other work, Social Security will likely decide you do not have a qualifying disability and will deny your claim.
Frequently Asked Questions Regarding Social Security Disability Benefits
Unfortunately, obtaining these disability benefits can be a tedious and complicated undertaking that leaves you with many questions and concerns regarding this process and what to do to get the money you need.
However, until you can get your specific questions answered by an experienced Social Security Disability Insurance Attorney, we have prepared answers to some frequently asked questions our clients often have regarding Social Security Disability benefits. We hope with the below responses, you have a better idea of what these benefits include, the factors that can impact your eligibility, and what you have to do to get these benefits.
1. How Much Does Social Security Disability Insurance Pay Per Month?
The amount you will get in monthly disability benefits is often based on your lifetime average earnings covered by the Social Security Administration. In addition, if you receive certain government benefits, including public disability benefits, pensions based on work not covered by Social Security, and workers’ compensation, Social Security may reduce the benefits payable to you and your family.
2. How Long Does it Take to Get a Decision from the Social Security Administration on Your Disability?
In general, after your application is approved, your first Social Security benefit will be paid for the sixth full month after the determination date of when your disability began. For example, if your disability began in June and you applied for disability benefits in July, your first benefit would be paid for December, the sixth full month of disability.
These Social Security benefits will also come in the month following the month they are due.
3. How Much Social Security Disability Benefits Can You Receive?
The type and amount of Social Security disability benefits you can receive will often depend on:
- The length of time you were in the workforce
- Your earnings before the disability
- The ability to return to employment of any type after your disability
- The availability of disability benefits and income from other sources
- The extent to which you are willing to undergo the appeals process to make sure you receive the disability benefits you deserve
Unfortunately, Social Security commonly denies initial disability claims even when individuals believe they meet the stringent requirements and prepared and provided detailed evidence to support their case.
However, when you retain an experienced Newburgh Social Security Disability Insurance lawyer at Finkelstein & Partners, we can help you file your initial claim, increasing your chance of getting the benefits you need. If required, we can represent you with the appeal of an initial claim denial.
4. Why Should You Contact Finkelstein & Partners to Help With Your Social Security Disability Claim?
To obtain Social Security Disability Insurance benefits, you need a thorough understanding of the Social Security Disability system and a good idea of how these rules apply to your case, which is probably the last thing you want to focus on as you go through this difficult time.
Fortunately, when you work with an experienced Newburgh Social Security Disability Insurance attorney at Finkelstein & Partners, you do not have to take on this challenging ordeal on your own.
Instead, our attorneys can:
- Go over the facts of your situation, figure out if you are eligible for these benefits, and help you file your disability application.
- Go over your questions and concerns regarding this process, the regulations involved, and how they apply to your case.
- Obtain the information needed to pursue these benefits, such as documents and records from your treating physicians.
- Get a vocational expert’s evaluation on your inability to work.
- Ensure that the Social Security Administration correctly calculates your benefits.
- Ask that the Social Security Administration reopen any previously denied applications.
- Provide you the assistance needed in collecting the full benefits from your disability insurance coverage.
If you are looking to secure Social Security Disability Insurance benefits, do not wait to get the legal help you need. Instead, contact Finkelstein & Partners today at (887) 565-2993 for a free case evaluation and find out how our skilled Newburgh Social Security Disability Insurance lawyers can help you secure the money you deserve.
1279 Route 300
PO Box 1111
Newburgh, NY 12551
Our very first office was opened in Newburgh in 1959, and we are proud to say our headquarters is still located in the heart Newburgh. Whether it is providing exceptional legal representation or giving back to our community, we strive to give our all.