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Long Island NY Social Security Disability Law Blog

What is considered substantial gainful activity?

Living with a disability can be very challenging and overwhelming for individuals in New York and elsewhere. Whether you were born with a disability or acquired one later in life due to an injury or illness, there are options available for those living with disabilities that are unable to work. The Social Security Administration (SSA) has established programs that are designed for those living with disabilities, with the goal being to assist those with limited income and resources.

When it comes to receiving Social Security Disability through SSDI or SSI, applicants must not only prove that they qualify for these benefits because they meet the definition of disabled, but they also must prove that they cannot meet their basic living needs because of their disability. For those unable to work or only able to work limited hours, an applicant must prove that they are unable to engage in substantial gainful activity.

Obtaining SSD benefits for children with cancer

Being diagnosed with a serious disease is a difficult event to process. This is especially true for parents in New York who just found out that their child has cancer. Many thoughts begin to form, concerns emerge and heavy emotions begin to appear. Parents are not only dealing with news that is difficult to digest, they are also calculating the costs associated with medical treatment and care.

Much like adults with serious and terminal diseases, children with cancer are afforded Social Security disability benefits. While young children have not been able to earn work credits for Social Security disability Insurance or SSDI, there are other programs and options for children to receive the financial support and benefits they need and require.

Saving options for those receiving SSD benefits

Being born with a medical condition or acquiring an illness later in life can make it difficult to maintain a normal life. This is because some illnesses and medical conditions are disabling, which can make it challenging to obtain and maintain a job. Such a situation can make it impossible for people with a disability meet his or her basic needs. In these matters, Social Security often becomes imperative.

Applying for and being awarded Social Security disability benefits can make a huge impact on a person's life. These monthly payments can make it possible to pay rent, buy food and purchase clothing and other basic needs. While these benefits are helpful, they are sometimes not enough. Additionally, many recipients rely on their entire benefits check to pay their monthly costs. This makes it next to impossible to ever save money to ensure an independent life.

How does one qualify for Social Security disability benefits?

No one expect to suffer a disabling injury or health condition. Nonetheless, numerous residents in New York and other sates across the nation suffer from disabilities. While some incidents cause an individual to suffer a short-term disability, others suffer long-term or permanent disabilities. No matter the severity of the condition or injury, if an individual is unable to work in the long term because of a disability, it is important to explore his or her rights and options.

How does one qualify for Social Security disability benefits, or SSDI? If the first requirement is met, which is having worked long enough in a job covered by Social Security, then the applicant must then take steps to prove that he or she has a medical condition or disabling injury that meets the SSA's definition of disability. If medical records prove this and an application is approved, than the applicant could receive cash benefits if it is determines that they will be unable to work for a year or more because of his or her disability.

Obtaining SSD benefits for a blood disease

Living with certain medical disorders can be challenging. Specific life events could worsen the condition, or certain activities could aggravate the illness even further. Living with a blood disease can be challenging for some New York residents; however, individuals with such a disorder should understand that they have options and resources available to them.

Blood disorders or hematological disorders, which is what the Social Security Administration refers to them as, can be either non-malignant or malignant. With regards to non-malignant, this refers to disorders such as hemolytic anemia, thrombosis, hemostasis and disorders of bone marrow failure. These non-cancerous disorders will disrupt the normal development and function of white blood cells, red blood cells, platelets and clotting.

Helping you navigate the SSD process for chronic illnesses

No one expects to develop a serious illness; however, this unfortunate event is experienced by residents in New York and other states across the nation. Hearing a difficult diagnosis can be life changing. Whether a chronic illness is work related or not, living with a serous medical condition can make it challenging to navigate life. A sufferer may no longer be able to maintain their normal routine, care for him or herself or even keep a job.

At Terry Katz & Associates, P.C., our experienced attorneys understand the difficulties a chronic illness can present an individual and their loved ones. Those suffering from a qualifying medical condition, however, could apply for Social Security disability. SSD benefits can provide necessary resources, and our law firm is devoted to helping New York residents navigate the application process.

What could cause your SSD benefits to stop?

For those suffering a disability due to an illness or injury, it can be a long road to receive Social Security disability benefits. And after waiting much time, some applicants in New York receive positive news that their application has been approved. He or she is finally receiving the SSD benefits they require to meet their basic needs. While this is good news, these payments are not always guaranteed to last. In fact, certain situations and factors could cause these benefits to stop.

What could cause your SSD benefits to stop? The social Security Administration could determine that a recipient in no longer disabled and stop benefits for two reasons. First, if a recipient's work level is considered to be substantial, the SSA will stop benefits. On average, if you are earning $1,130 or more a month, it is considered to be substantial.

Understanding the appeals process after a denied SSD claim

Applying for Social Security disability benefits is often a necessary step for New York residents to take. For many, an injury or illness is the cause of a disability, and this situation has caused them to suffer in the long-term. Those living with disabilities are afforded legal benefits. One of these is access to SSD benefits. However, an individual must qualify for these benefits.

Unfortunately, many applicants who feel that they meet the set requirements have their applications denied. A denied claim does not mean that it is the end of the road for the applicant. An applicant can initiate the appeals process by filing for reconsideration. This means that a new person will look at your claim and will send a letter explaining how they made their decision once it is made.

Hiring freeze impacting the SSD benefits application process

Most New York residents are aware of the application process individuals must go through in order to obtain Social Security disability benefits. Even though an applicant can expect to go through a lengthy and difficult process, he or she will still take the time to apply for these benefits because they are seeking payments that are necessary. Nonetheless, the backlog that continues to build up causes a growing number of applicants to wait a significant amount of time for SSD benefits they are still unsure if they qualify for.

Following the recent federal hiring freeze, much concern surrounded the application process for disabled veterans and individuals seeking Social Security disability. Due to the hiring freeze, the Social Security Administration has experienced a growing backlog of applicants waiting to hear a decision on whether they will receive benefits or not.

Does returning to work impact workers' compensation benefits?

Suffering an injury in a workplace accident is usually an unexpected incident. While most employees are aware of the potential dangers in the work environment, not all risks are obvious and apparent. Thus, employers are often expected to provide safety equipment and training to help prevent potential accidents in the workplace. Nonetheless, these incidents still occur, causing the need for injured workers to take time off from work to recover.

Following a workplace accident, an injured worker is entitled to various benefits from the workers' compensation system. This includes medical care and access to all reasonably necessary treatment to cure or relieve the effects of the injury.

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