Social Security Disability

Some people suffer injuries or medical conditions which prevent them from maintaining regular employment and from supporting themselves and their families. Such individuals may be eligible for Social Security Disability benefits.

Social Security Disability cases are decided by the Social Security Administration. Social Security Disability claims begin with an application for disability benefits. If the application is denied, the claimant then files a Request for Reconsideration. If a claimant is denied at the reconsideration stage, it is then recommended that the claimant seek legal representation. Once the claimant hires an attorney, the attorney will request a hearing with the Office of Hearings and Appeals. An administrative law judge is assigned to the claim and a hearing is held. This is the only time during the process of applying for disability benefits that the claimant is able to personally tell his or her story.

It is at the hearing stage that the claimant has the best chance of winning his or her claim for disability. If the claimant receives a favorable decision from the administrative law judge, the claimant will begin receiving disability benefits, including retroactive benefits dating to the time the claimant first became eligible for disability benefits. If the claimant is given an unfavorable decision by the administrative law judge, the claimant's attorney can file an appeal with the Appeals Council of the Social Security Administration. The Appeals Council may reverse the judge's decision, remand the claim for a new hearing, or deny the appeal. Lipsitz & Ponterio, LLC is experienced in successfully handling Social Security Disability cases and we have helped many clients receive the payments they deserve.

Frequently Asked Questions

1. What is the definition of disability used by the Social Security Administration?

Under the Social Security Act, disability means "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months." This means that you are considered disabled if you are unable to work and support yourself because of a physical or mental condition which has lasted 12 months, is expected to last 12 months, or is expected to result in your death.

2. I got hurt on the job and am receiving Worker's Compensation benefits. Can I file a claim for Social Security Disability as well?

Yes. An individual can file a claim for Social Security Disability benefits while receiving Worker's Compensation benefits.

3. Can I collect both Workers' Compensation benefits and Social Security Disability benefits?

Yes. There is an offset, which reduces Social Security disability benefits because of Workers' Compensation benefits paid, but in almost all cases there are still some Social Security Disability benefits to be paid.

4. Do you have to be permanently disabled to get Social Security Disability benefits?

No. You have to have been disabled for at least a year or be expected to be disabled for at least a year or have a condition that can be expected to result in death within a year.

5. I have several health problems and it is the combination of them together that disables me. Can I receive Social Security Disability benefits?

Yes. Social Security is supposed to consider the combination of impairments that an individual suffers in determining disability. Many claimants for Social Security Disability benefits have more than one health problem, and the combined effects of all of the health problems must be considered.

6. If I am approved for Social Security Disability benefits, how much will I receive?

The monthly benefit amount you receive will depend upon how much you have worked in the past, and how much you have paid into the Social Security system.

7. How can Lipsitz & Ponterio, LLC help me?

Lipsitz & Ponterio, LLC understands how difficult it is when you or a family member is unable to work. Our experienced attorneys and excellent staff will explain your rights to you and help you determine if you might be entitled to disability payments.

Where can I find more information?

For more information, visit the Social Security Administration at www.ssa.gov and the Social Security Administration Disability Programs at www.ssa.gov/disability, or contact Lipsitz & Ponterio, LLC for information about filing a claim.