Best Social Security Lawyers in New York

About Social Security Law in New York, United States

Social Security is a federal program in the United States that provides financial assistance to individuals who are disabled, retired, or experiencing financial hardship. It is intended to provide a safety net to ensure basic needs are met. In New York, the Social Security Administration (SSA) oversees the administration of these benefits.

Why You May Need a Lawyer

While it is possible to navigate the Social Security application process on your own, it can be complex and time-consuming. Here are some common situations where seeking legal help may be beneficial:

• If you have been denied Social Security benefits
• If you are unsure of your eligibility for benefits
• If your benefits have been terminated or reduced
• If you need assistance with the appeals process
• If you believe you have been treated unfairly by the SSA

Local Laws Overview

In New York, there are certain aspects of local laws that are particularly relevant to Social Security:

• New York State offers additional Supplemental Security Income (SSI) benefits to supplement federal benefits.
• Workers in New York may be eligible for both Social Security Disability Insurance (SSDI) benefits and workers' compensation benefits.
• New York State has specific regulations regarding disability determinations and the appeals process.

Frequently Asked Questions

1. Can I work while receiving Social Security Disability benefits?

Yes, but there are limitations. The SSA has specific rules regarding how much you can earn while still receiving benefits, known as the "substantial gainful activity" (SGA) threshold. If your earnings exceed the SGA, your benefits may be reduced or discontinued.

2. How long does the Social Security Disability application process take?

The length of the application process can vary. Generally, it takes several months to receive a decision on your initial application. If you need to go through the appeals process, it can take even longer.

3. What is the appeals process if my Social Security Disability claim is denied?

If your claim is denied, you have the right to appeal the decision. The appeals process typically involves multiple stages, including reconsideration, a hearing before an administrative law judge, and potential further reviews by the Appeals Council and federal court.

4. Can I receive both Social Security Disability and retirement benefits?

If you are eligible for both Social Security Disability Insurance (SSDI) and retirement benefits, you will generally receive SSDI benefits until you reach full retirement age. At that point, your benefits will convert to retirement benefits at the same amount.

5. Can I apply for Social Security Disability benefits online?

Yes. The SSA has an online application process to apply for Social Security Disability benefits. It allows you to complete and submit your application electronically.

Additional Resources

Here are some resources, governmental bodies, and organizations that can provide helpful information and support:

• Social Security Administration - Visit the official website of the SSA at www.ssa.gov for detailed information about Social Security programs, benefits, and applications.
• New York State Office of Temporary and Disability Assistance - The official website at otda.ny.gov provides information on additional state benefits and programs.
• New York State Bar Association - The association's website at www.nysba.org can help you find legal resources and connect with attorneys specializing in Social Security law.
• Legal Aid Society - The Legal Aid Society offers free legal services to eligible individuals. Visit www.legalaidnyc.org for more information.

Next Steps

If you need legal assistance in matters related to Social Security in New York, consider taking the following steps:

1. Evaluate your specific situation and determine whether you require legal help.
2. Research and select an attorney specializing in Social Security law in New York.
3. Schedule a consultation with the attorney to discuss your case and understand the potential legal options available to you.
4. Prepare the necessary paperwork and documentation to support your case.
5. Work closely with your attorney throughout the process, ensuring timely submission of appeals and adhering to any deadlines.
6. Keep copies of all correspondence and important documents related to your Social Security case.