New York Social Security Lawyer procedure for filing a claim.

The time it takes varies widely from case to case because of delays caused by the Social Security Administration. If you retain a lawyer prior to filing a claim with the Social Security Administration, you double your chances of winning at the first level.

How it works
How it works Social Security Disability Benefits (SSDB) and Supplemental Security Income (SSI) both require that the claimant suffer from a condition, disease or impairment which has lasted or is expected to last for twelve months or result in death, and that the claimant is unable to work.

The difference between SSDB and SSI is that SSDB pays more. SSDB is available to those who are "insured". "Insured" means that you have worked a required number of "quarters" of a year and that you worked approximately five years out of the last ten years before you became disabled. In addition to the monthly benefits check, SSDB cases may pay retroactive benefits for as much as one year prior to the date of application.

SSI is based upon low income requirements and disability and pays a maximum in New York of about $724 per month. In addition to the monthly benefits check, SSI cases usually pay retroactive benefits from the date you applied.

The Procedure
Applications for benefits are made at your local Social Security office. The address of your local office can be obtained by calling 1-800-772-1213. New York State is part of an experiment by the SSA to speed up claims, therefore, after the first denial, you have 60 days to apply for a Hearing.

At the Hearing level, your chances of success are more than twice as good if you are represented by an attorney than if you are not represented. Your attorney will tell you what to expect and will provide you with a list of the questions that the judges usually asks.

Disability
Disability means you are unable to work because of any medically determinable physical or mental impairment which can be expected to result in death or last for a continuous period of not less than 12 months. This can mean different things in different cases because the law also says that you are disabled if the your impairment is so severe that you cannot do your previous work and cannot, considering your age, education and work experience, engage in any other work. This means that each case must be looked at individually.

The "Listings"
The Social Security Regulations include the "listings" which describe how severe a disease, condition or impairment must be for the Social Security Administration to consider it disabling. If your condition does not meet the listings, you may still be considered disabled if you have several different conditions which together make you disabled. The regulations also consider age, education, work experience and the ability to speak English.

The Evidence
Medical reports are the most important evidence. The law requires the Judge to give great weight to a report by a treating physician. Such a report, giving your history, symptoms, tests and test results, diagnosis, and prognosis, can win the case if the report shows that your condition is as severe as the listings require. Witnesses are rare in Social Security Hearings because most doctors will charge $1,000 to appear and testify. Testimony from family or friends is only useful when the Claimant cannot describe his own problems.