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How Difficult is it to Get Your Social Security Disability?

Erwin, McCane & Daly | Tuesday, April 28, 2015

There are some aspects of our lives that are welcomed. A wedding. A birth. The purchase of something new and exciting like a home or vehicle. However sometimes life can be unpredictable, and unfair. Suffering an injury or getting sick can really put some hardships on you and your family.

One course of action you can take after suffering an injury that takes you out of the game in applying for Social Security Disability. But how long will it take, and how complicated is it for you to get this benefit? The unfortunate answer is that it is harder than you think.

In a recent news story, former New York Yankee Brian Doyle found out that it can take months just to get your claim looked at, and that doesn’t even mean that you’re going to get it approved. He had a few injuries surface from his playing days, and those were followed up by a string of complicated surgeries. Now, Brian is also suffering from Parkinson’s disease. Unfortunately Brian is just left playing the waiting game like many Americans.

So where does that leave us in New York?

According to the Social Security Disability Resource Center (SSDRC) there are several steps you must take in New York to get these benefits. The first thing you have to do is apply. They note that 60% of the claims filed are denied because they don’t meet the qualifications. After the denial, which the claim is common, most people have to file an appeal.

How do they determine if I meet these qualifications?

There is an evaluation process for the application. It’s all sent to a specific office, and in most states that’s the DDS, or disability determination services. The person reviewing the application will need to see detailed medical records. So you must include everything, and be precise.

The SSDRC defines disability as:

“…a claimant will need to prove that their condition, or set of conditions (which may be physical, mental, or a combination of mental and physical conditions) will last at least one full year. Additionally, for adults, the SSA definition of disability requires a degree of severity in the claimant's overall condition that results in the inability to engage in work activity that earns at least the income limit for what SSA defines as substantial gainful activity.”

As you can see there is an awful lot of red tape that you’ll need to get through just to get your application approved.

If you’ve found yourself in a situation where you need help getting your Social Security disability, contact us for a free consultation.