Disability Lawyer Buffalo, NY
A disability lawyer in Buffalo, NY, can help injured and disabled people get the benefits they need while their disability continues. If you live in New York and are injured or suffer from a debilitating disease or condition and are no longer able to work, you will need a source of income while recovering or struggling to live with your condition.
If the injury or condition did not come about as a result of work, workers’ compensation benefits would not be available to you. However, other types of disability benefits may be. Keep in mind, though, if you become disabled due to work or some non- work cause, you still need a disability lawyer in Buffalo, NY.
In New York State, as in most states, employers are required to provide short term disability insurance to cover their employees if an employee becomes sick or disabled or is hurt in some non-work accident. Generally, the benefits provide a portion of the employee’s regular earnings for a limited period of disability. The employer may be responsible for some or all of the premiums.
Although coverage exists, disputes may arise with the insurance company regarding whether the employee meets the criteria under the policy. If these disputes occur, the worker will need a Buffalo, NY disability lawyer. Such disputes may involve whether the worker was indeed an employee of the company that had obtained the disability policy for its employees or whether the employee’s condition met the definition of disability under the policy. Issues may also arise when the insurance company contends that proper medical evidence of such disability has not been produced. If you have encountered these problems, you need a disability lawyer in Buffalo, NY.
Private long-term disability policies are also available for purchase by those who want insurance security that pays higher benefit amounts for more extended periods. In most cases, these policies will be more expensive than short-term policies, and the employer generally does not and is not required to pay the premiums. However, some employers, as an added fringe benefit of employment, may pay some or all of these private policies’ premiums.
Even if not provided in whole or in part by the employer, these policies may also be obtained independently by the employee and thereby help ensure their future in the event of a disabling event or condition. A note of caution, though, is that many workers may not be able to afford these types of policies.
As with most insurance policies, disputes may arise between the insured and the insurance company regarding coverage under the policy. As with short-term policies, there may be defenses raised by the insurance company that the person does not meet the definition of disability under the policy or does not have adequate proof of such claimed disability. If this applies to you or someone you know, you need a Buffalo, NY disability lawyer.
No matter what state you live and work, if you become disabled and expect to be out of work for at least a year, you may also apply for Social Security Disability benefits, which are provided through the Social Security Administration. Depending on your level of disability, together with other factors such as your age, education, and work experience, you may qualify. Disabled persons must also have a long enough work record to be eligible for benefits. Applications for benefits may be submitted on-line at www.SSA.gov or your nearest Social Security Administration office. If you apply and are denied, you need a disability lawyer in Buffalo, NY. You need the disability lawyers at Hurwitz, Whitcher, and Molloy.
Social Security Disability Benefits for Disabled Children
Adults are not the only ones who can qualify for disability benefits. Children with disabilities may also be eligible. Applying for Social Security Disability can be a complicated process. It can be even more so if you are applying for your child. This is why families should consider retaining the services of a Buffalo, NY disability lawyer for assistance.
The Social Security Administration (SSA) has specific requirements and guidelines for applying for Disability benefits for a child that differ slightly from those for an adult. According to the SSA rules, for a child to qualify for benefits, he or she must be disabled and have “little or no income or resources.” If a family’s income exceeds a specified limit, for example, a child may not qualify even if they are disabled. The program is meant to be of assistance for American families with little or no other recourse.
The first step to applying for disability payments for a child is to schedule a disability interview. The state Social Security agency will conduct the interview. The state agency will also consider medical and school records and perhaps interview other people close to the child. For a child’s condition to be considered a disability, it must be something that severely limits daily activities —the condition can be either mental, physical, or both. It also must be a condition expected to last at least one year or to result in death.
It can take up to four months to receive a response once the agency has begun the review process. Many families who are initially turned down for such benefits appeal the decision and are granted benefits after appeal. Even if benefit payments are not a possibility for your family, your child may instead qualify to enroll in Medicaid. (If a child is approved for disability payments, he or she will automatically be eligible for Medicaid.) Another route, according to the SSA, could be to enroll a child in a State Children’s Health Insurance Program (SCHIP). The SSA may also provide a reference to agencies “for social, developmental, educational, and medical services.”
If a child is approved for Social Security Income benefits, it does not preclude their work ability. A child’s earnings are not counted to determine whether or not the child qualifies for Social Security Disability, even if the child is a student.
Let Our Firm Help
If you or someone you know has questions about Social Security disability benefits, the most critical step is to seek a legal professional’s counsel. Call Hurwitz, Whitcher, and Molloy LLP to schedule a free and confidential consultation with a Buffalo, NY disability lawyer. Whether you are applying for yourself, your child, or seeking to file an appeal of a denial or claim, our legal team can help.
Managing Issues with Social Security Disability
A disability lawyer Buffalo, NY residents rely on may play a critical role in managing problems that might arise when attempting to obtain social security disability insurance. In some cases, a person’s mental or physical health condition may make it difficult to retain employment and, ultimately, earn an income. This can significantly impact a person, especially if it’s anticipated that the condition will affect a person for a year or more. Unfortunately, despite your best efforts, your claim for social security disability benefits may be denied. There are several reasons for this, and understanding the reason behind the denial will be critical to remedying the situation. Contact our team at Hurwitz, Whitcher, and Molloy LLP so that we can guide you through the best way to manage the denial process.
Reasons Social Security Disability is Denied
In many cases, enduring the application process for social security disability benefits is not always as straightforward as you may have thought. The process can be complicated and cumbersome, often taking up much of your time to complete. When suffering or living with a disability, a denial may be challenging, especially when your condition is debilitating.
- You earn more than $1,220 per month
- Your medical documentation isn’t extensive enough to prove that your condition impacts your ability to work
- Circumventing the appeals process by reapplying for SSDI
- Failure to follow recommendations in place by your doctor
- Not allowing access to your medical records
To make the process as straightforward as possible, and mitigate the likelihood that your claim will be denied, consider contacting someone with experience in this particular area of practice. To manage your denial, and provide you with the legal support you deserve, contact our Buffalo, NY disability lawyer at your earliest convenience.
Reasons to Contact Our Firm
Whether you are just initiating the social security application process or dealing with complications or a claim denial, it may be in your best interest to contact our team for the guidance and representation you require. There are many reasons to consider contacting our experienced legal team for support, including:
- Decades of experience in representing those who have been injured or are suffering from illness
- Help with reviewing your situation, gathering the proper information, and completing paperwork
- Help with understanding the reason behind an SSDI denial and assistance with managing the next steps
- Assistance with gathering the appropriate evidence
- Experienced legal counsel who will not only advise you but provide you with straightforward recommendations
- Accessible and supportive legal counsel who will make themselves available to you and provide you with the answers to the many questions you are sure to have
- Help make sure that every effort is made to assist you in receiving the benefits you deserve
If your medical condition impacts your ability to conduct your job duties, it may be in your best interest to apply for social security disability benefits. If you are unable to be productive at work at least 15% of the time as a result of your medical condition, you may be considered disabiled as outlined by the Social Security Administration. At Hurwitz, Whitcher, and Molloy LLP, our team of experienced lawyers will protect your interests and help to see your case through. To learn more about how our Buffalo, New York disability lawyer will represent you during this difficult time, contact our firm to schedule a consultation as soon as possible.
