The Staten Island social security disability law firm with the answers to the disability questions of Staten Island, Brooklyn and New York City residents. If you are unable to work due to an injury or disability you may be eligible for Social Security Disability Insurance benefits (SSDI). The Social Security Administration has very specific and strict requirements for being able to collect Social Security Disability Insurance. If you have a question about your eligibility for disability benefits or have been denied Social Security Disability Insurance Frank J. Dito Jr., an experienced Staten Island and Brooklyn, New York Social Security Disability Insurance Attorney can review your denial letter and work with you to obtain the necessary information you need to win your case and collect your Social Security Disability benefits.

Social Security Disability Lawyers: The New York disability law firm with the attorneys, skills and resources to get you the disability benefits that you have earned and deserve serving disabled clients in Staten Island, Brooklyn, Manhattan, Queens, the Bronx, Long Island and throughout the rest of New York.


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If you or a family member is currently having a difficult time working or attending to day-to-day personal activities due to a physical illness, mental illness or injury the the issue of financial resources and support (in addition to the primary concern of getting well) is almost certainly a major concern. Faced with this unfortunate situation, you need to know your legal rights and to inform yourself about the Social Security Disability benefits that may be available. Many people are wrongly denied Social Security benefits and, sometimes, fail to properly apply for disability benefits that they may be entitled to right now.

Contact Disability Lawyer, Frank J. Dito, Jr., today at 800. 976. 4904 to get important information about your disability benefits. Mr. Dito, Jr. is an experienced Social Security Disability lawyer who represents disabled individuals before the Social Security Disability Administration in Staten Island, Brooklyn, Manhattan, Queens and Bronx.

WHAT QUALIFIES YOU AS DISABLED

"Disability" under SSDI is based on your inability to work. The Social Security Administration considers you disabled under the SSDI rules if:
  • You cannot do work that you did before;
  • You cannot adjust to other work because of your medical condition or conditions; and
  • Your disability has lasted or is expected to last for at least one year or to result in your death.

QUALIFYING DISABILITIES FOR SOCIAL SECURITY DISABILITY BENEFITS

Impairments listed by the Social Security Administration fall into one of the following categories:
  • Musculoskeletal System
  • Special Senses and Speech
  • Respitory System
  • Cardiovascular System
  • Digestive System
  • Genitourinary Impairments
  • Hematological Disorders
  • Skin Disorders
  • Endocrine System
  • Impairments that Affect Multiple Body Systems
  • Neurological
  • Mental Disorders
  • Malignant Neoplastic Disease
  • Immune System Disorders

THE 5 STEP PROCESS USED TO EVALUATE YOUR DISABILITY
To decide whether you are disabled, the Social Security Administration uses a 5 step process:
  • 1. The first question the SSA asks is “Are you working?”
If you are working and your earnings average more than $1,000 a month, the SSA will not consider you disabled.
  • 2. If you are not working, is your condition "severe"?
Your medical condition must be severe enough to interfere with basic work-related activities for your claim to be considered. If it does not, the SSA will not find you disabled.
  • 3. If your condition interferes with your ability to work, is your condition found in the list of disabling conditions?
The SSA maintains a list of medical conditions that are so severe and disabling that if you are diagnosed with one or more of these conditions, it automatically means that you are disabled. If your condition is not on the list of medical conditions, the SSA will decide if it is of equal severity to a medical condition that is on the list. If it is, the SSA will find that you are disabled.
  • 4. If your medical condition is not on the list or not of equal severity to those on the list, can you do the work you did previously?
If your condition is severe but not the same or level of severity as a medical condition on the list, then the SSA determines if it interferes with your ability to do the work you did previously. If your medical condition does not interfere with the work that you previously did, the SSA will likely deny your claim.
  • 5. If your medical condition prevents you from doing the work you did previously, can you do any other type of work?
If you cannot do the work you previously did, the SSA will determine if you are able to do any other type of work. The SSA will look into your medical conditions and your age, education, past work experience and any transferable skills you may have obtained. If you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your claim will be denied.


IMPORTANT INFORMATION ABOUT SOCIAL SECURITY DISABILITY BENEFITS
Social Security Disability Insurance (“SSDI”) is a payroll tax funded disability insurance program, administered by the Social Security Administration (“SSA”). It is designed to provide monthly cash benefits to persons who are unable to work for a year or more because of a physical or mental disability. The SSDI benefits are not intended to be permanent but to last until the person’s disability improves and they are able to resume work. In many cases, the benefits awarded are permanent and provide a lifetime guarantee of financial income for the disabled. Benefits usually continue until you are able to work again on a regular basis, and the SSA provides continued benefits and health care coverage to help you make the transition back to work.

To qualify for SSDI benefits, you must first have worked in jobs covered by Social Security. That means that if you worked “off the books”, your employer did not pay into the disability insurance program and you will not be eligible for SSDI benefits. In addition to meeting the definition of disability, you must have worked long enough and recently enough to qualify for disability benefits. The SSA determines if you are eligible by looking at your “work credits.”

Social Security work credits are based on your total yearly wages or income. You can earn up to four credits each year. The amount needed for a credit changes from year to year. The number of work credits you need to qualify for disability benefits depends on your age when you become disabled. Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled. However, younger workers may qualify with fewer credits.
If you qualify to apply for benefits by your work history, you must also have a medical condition that meets Social Security's definition of disability.

What most people don’t understand is that the definition of disability under Social Security Disability Insurance is different than that of other programs. SSDI pays only for total disability and does not provide benefits for partial disability or for short-term disability. SSA’s definition of disability is very strict.

If you are denied benefits based upon your initial application for SSDI, you have the right to an appeal of their decision, before an Administrative Law Judge, or ALJ. At that hearing, you will able to testify about your disability, present witnesses to help prove your claims, examine your case file to ensure that the ALJ has all of your medical records and allow the ALJ to “see” your injuries. The SSA case workers do not give away these benefits easily; in fact, they act like it is coming out of their own pockets because it essentially is. I strongly recommend that you retain an experienced Social Security Disability Insurance attorney in Brooklyn and Staten Island to represent you at your hearing and throughout your appeal. An experienced SSDI attorney understands what information that the SSA is looking for and will work with you to obtain that information before the hearing. If the information that you provide to the ALJ is incomplete, you will most likely again be denied benefits. In fact, for those persons that applied for SSDI benefits in New York, almost 62% were denied. For those that appealed their initial denial, a staggering 85% of applicants were denied! Only 15% of those that appealed were awarded benefits.

If you have any questions or have been denied Social Security Disability Insurance benefits, we will review your case and denial letter at no charge and suggest a strategy to help you to obtain your deserved benefits. Contact Frank J. Dito, Jr., your Staten Island and Brooklyn, New York Social Security Disability Insurance attorney, for your free initial phone consultation today by calling (718) 979-4300.

7 QUICK HITS ABOUT SOCIAL SECURITY DISABILITY BENEFITS
  • Social Security provides a regular monthly payment that supplements any current disability benefits already received.
  • Social Security provides annual cost of living increases.
  • Regardless of your age, after receiving SSDI benefits for 24 months, you will be eligible for Medicare benefits, including Part A (hospital benefits), Part B (medical benefits), and Part D (drug benefits).
  • If you receive SSDI benefits, any COBRA benefits may also be extended from 18 to 29 months.
  • SSDI entitlement "freezes" your Social Security earnings records during a person's period of disability. Because those years while you are disabled and not working will not be counted when computing future benefits, your Social Security retirement benefits may be higher.
  • If a person receives SSDI benefits and they have a dependent under age 18, the dependent may also be eligible for benefits.
  • SSDI will provide a person the opportunity to try to return to work while still allowing them to receive disability benefits.
Have questions regarding your disability benefits?
Visit our Frequently Asked Questions section to find out more information about your Social Security disabilty case.


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Blog for Social Security Disability

Library for Social Security Disability:

  • Social Security Disability and Adult Mental Disorders   
    Description: Before you file your Social Security disability claim, be sure to take advantage of this free consumer’s guide: 5 Mistakes to Avoid When Filing a Social Security Disability Claim. Contact a New York social security disability lawyer at Decker, Decker, Dito & Internicola for help in building your disability claim – 1-800-976-4904.
  • Can Hiring a New York Disability Attorney Help Your Claim?   
    Description: When applying for Social Security disability, hiring an attorney is key to ensuring your claim gets approved and that you receive all benefits for which you may be entitled. Before you file your Social Security disability claim, be sure to take advantage of this free consumer’s guide: 5 Mistakes to Avoid When Filing a Social Security Disability Claim. Contact the Social Security disability lawyers at Decker, Decker, Dito & Internicola for help in building your disability claim – 1-800-976-4904.
  • Cardiovascular Disease and Social Security Disability   
    Description: Cardiovascular impairments are disorders that involve the heart or circulatory system. The Social Security Administration may provide Social Security disability benefits if you suffer from a condition related to the cardiovascular system. Before you file your Social Security disability claim, be sure to take advantage of this free consumer’s guide: 5 Mistakes to Avoid When Filing a Social Security Disability Claim. Contact the Social Security disability lawyers at Decker, Decker, Dito & Internicola for help in building your disability claim – 1-800-976-4904.
  • Overview of Compassionate Allowances   
    Description: Compassionate Allowances fast-track Social Security disability claims for those who suffer from a qualifying condition on the Compassionate Allowances list. Before you file your Social Security disability claim, be sure to take advantage of this free consumer’s guide: 5 Mistakes to Avoid When Filing a Social Security Disability Claim. Contact a Bronx disability lawyer at Decker, Decker, Dito & Internicola for help in building your disability claim – 1-800-976-4904.
  • Why Medical Evidence is Crucial to Your Social Security Disability Claim   
    Description: When applying for Social Security, you must be able to present a compelling body of medical evidence to support your claim. Before you file your Social Security disability claim, be sure to take advantage of this free consumer’s guide: 5 Mistakes to Avoid When Filing a Social Security Disability Claim. Contact the Social Security disability lawyers at Decker, Decker, and Dito & Internicola for help in building your disability claim – 1-800-976-4904.
  • Substantial Gainful Activity and Your Social Security Disability Claim   
    Description: Your ability to receive Social Security disability benefits is dependent upon your engagement in substantial gainful activity. Before you file your Social Security disability claim, be sure to take advantage of this free consumer’s guide: 5 Mistakes to Avoid When Filing a Social Security Disability Claim. Contact the Social Security disability lawyers at Decker, Decker, Dito & Internicola for help in building your disability claim – 1-800-976-4904.
  • Leukemia Disability Claims   
    Description: Read this article if you have leukemia and have been applied or been denied a Social Security claim. Contact a lawyer at Decker, Decker, Dito & Internicola at 1-800-976-4904 if you are in need of Social Security assistance.
  • New York Family Benefits Under Social Security   
    Description: Social Security offers benefits for certain family members of disabled workers. Read this article to learn more about family benefits and who qualifies. Contact a New York Social Security Disability lawyer from our office at (718) 979-4300 or (800) 976-4904 for information on how we can help you with your disability claim.
  • New York Family Benefits Under Social Security   
    Description: Social Security offers benefits for certain family members of disabled workers. Read this article to learn more about family benefits and who qualifies. Contact a New York Social Security Disability lawyer from our office at (718) 979-4300 or (800) 976-4904 for information on how we can help you with your disability claim.
  • What Disabled New Yorkers Need to Know about Social Security Work Incentives   
    Description: Did you know that you can go back to work and still receive Social Security benefits in New York? The Social Security Administration has work incentives for disabled New Yorkers that allow them to try going back to work without the risk of losing their benefits. If you need help obtaining your Social Security benefits, contact a New York disability lawyer at the law firm of Decker, Decker, Dito & Internicola at (718) 979-4300 or (800) 976-4904. We represent disabled workers in New York and New Jersey.
  • Bipolar Disorder & Social Security Disability   
    Description: Bipolar disorder is characterized by extreme mood swings and can be so incapacitating that you are unable to work. This article discusses this medical condition and the possibility of obtaining Social Security Disability benefits. If you are considering applying for disability benefits, you should contact an experienced New York Social Security Disability Insurance attorney at the law firm of Decker, Decker, Dito & Internicola at (718) 979-4300 or (800) 976-4904 for legal assistance.
  • Who Qualifies for Social Security Disability Insurance?   
    Description: If you are applying for Social Security disability income in New York, you need to read this article, so that you understand the qualifications that will be reviewed by the Social Security Administration. Contact a New York disability lawyer at Decker, Decker, Dito & Internicola at (718) 979-4300 or (800) 976-4904 if you have been denied benefits or need assistance filing your claim.
  • Social Security Administration Office in Staten Island New York   
    Description: If you are disabled and out of work you may be going through the process of applying for Social Security Disability Insurance. Frank J. Dito Jr., Staten Island Social Security Disability Insurance Attorney, provides you with important Information you need to locate a Social Security Administration office in Staten Island New York and also provides you with information such as address, telephone number, hours of operation and a number for you to call if you have a hearing impairment (TTY Number).
  • 5 Mistakes to Avoid When Filing a Social Security Disability (SSD) Claim   
    Description: In Staten Island, New York and Brooklyn injuries resulting in Social Security Disability cases are unfortunately far too common. If you are suffering from an injury that is eligible for a Social Security Disability case contact a knowledgable Social Security Disability and injury lawyer who understands and knows how to obtain the necessary compensation and results. If you have been injured contact the Staten Island accident and social security disability attorney “Frank J. Dito, Jr., Esq. at (800) 976 4904 to find out your rights and how to protect your legal interests.

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Frequent Questions for Social Security Disability:

Videos about Social Security Disability:

Web Resources for Social Security Disability:

  • Social Security Administration Office Locator

    Description: If you need to locate a Social Security Administration office in Staten Island, Brooklyn, Bronx, Manhattan or Queens New York this search created by the Social Security Administration will allow you to find a SSA office in your area based on area code. This link also provides you with the directions, phone number and hours of operation to your Social Security Administration office.

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Decker, Decker, Dito & Internicola
1610 Richmond Road
Staten Island, NY 10304
Phone: (718) 979-4300
Fax: (718) 351-3514
Toll Free: (800) 976-4904

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