New York Social Security Disability Legal Questions

Social Security disability benefits are based on your inability to do any job, not just your current job.  You can apply at www.ssa.gov. Social Security Disability Insurance is like taking your Social Security retirement benefits early.  If your application is granted, you will receive the amount which you would have received at full retirement age.  After 24 months you will be eligible for Medicare. You can handle the application, any request for reconsideration (ask for an informal conference) or redetermination on your own.  If you must appeal to an Administrative Law Judge after taking these steps, you may want to be represented by a member of the National Organization of Social Security Claimants' Representatives.... Read Answer

You can apply online at www.ssa.gov.  You can ask for a reconsideration and for a redetermination yourself.  You only need a lawyer for the next level of appeal, before an administrative law judge.  You can find one through the National Organization of Social Security Claimants' Representatives. If, however, as your description appears to indicate, you hope for your daughter to receive Social Security Disability Income based on your work record, you are too late.  It is available to people disabled before and after 18 whose parents apply on their behalf before age 22. Your daughter continues to be eligible for Social Security Disability Income based on her work record and/or for Supplemental Security Income. If she will receive Supplemental Security Income and have other income, you may want to establish a supplemental needs trust to protect that benefit or open an account for her at a master pooled spupplemental needs trust.  Lawyers specializing in this can be found through the Speical Needs Alliance or by using the Find a Lawyer function on the website of the National Academy of Elder and Special Needs Law Attorneys (www.naela.org)... Read Answer

Yes, call our office and we will be happy to do an overall intake and see if we are able to assist and attend your upcoming hearimng scheduled for this upcoming June.   Attorney Scott F. Bocchio Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com     ... Read Answer

Dear Mr. Owens:  I read your inquiry, before we can assist we need more details. Is your claim for SSI or SSDB? How many days left to file your Fed Ct action? Were you represented by an attorney at the hearing? Do you have a copy of your file or the CD from the hearing? Are you under treatment currently? Where do you live? How are you supporting (financially) yourself now? ... Read Answer

Reporting fraud is a very serious thing, and not something I recommend without first attempting to do what you refer to - have the benefits paid to you.  In addition, you can request that you receive an accounting for where your money is going if it isn't going to you. This answer assumes you are an adult, of legal age in your state.  According to the SSA website: You have the right to receive your own Social Security check unless SSA believes you are not capable of managing or directing the management of your money. If you have a representative payee because of a physical or a mental disability, in order to become your own payee, you must show SSA that you are now mentally and physically able to handle your money yourself. You could provide: A doctor's statement that there has been a change in your condition and that the doctor believes you are able to care for yourself; or An official copy of a court order saying that the court believes that you can take care of yourself; or Other evidence that shows your ability to take care of yourself. Note:  If SSA believes your condition has improved to the point that you no longer need a payee, we may reevaluate your eligibility for disability payments.  ... Read Answer