The federally-funded program that manages social security disability requires that all applicants must fulfill the eligibility guidelines. In basic, they are deemed eligible if they are unable to work for a period exceeding one year due to a physical or mental disability. The applicant additionally qualifies if he or she worked for a period of at least ten years and paid into social security based on deductions calculated by their employer. Income-based requirements imply that the individual is deemed poor and does not possess any assets that exceed $2,000 in value with a monthly income of $500 or less. Any applicant who met these requirements and was denied should contact the Middletown NY Best Social Security Lawyer.
Identifying a Disability
The Social Security Administration for the state of New York must identify the applicant’s impairment as a disability for him or her to be deemed disabled. This implies that the individual is unable to work in any industry and generate an income in which he or she can earn enough money to self sustain. The disability could be a terminal illness such as cancer or HIV. However, non-terminal or potentially fatal conditions require in-depth documentation proving that the individual is unable to support themselves.
The Appeals Process
The first initial step for a New York appeal is to file a petition through an Administrative Law Judge. The Middletown NY Best Social Security Lawyer will assist in this process by filing the petition. Once the judge receives the request for the appeal a hearing is scheduled at the office which is within the nearest proximity to the applicant.
If another denial is rendered the applicant can take their case to the Appeals Council which requires them to file a petition through either the Virginia or Maryland field office. This council will not schedule a hearing if upon review of the case, they, too, feel that the denial is justified. The last resort for the denied claim is to file a lawsuit in the federal court in New York. Any applicant who requires an appeal for social security disability can contact William D. McGillicuddy Law Office PC to hire an attorney.
