Littman Krooks Special Needs Planning Attorneys
May 2013


Disabled individuals who cannot work are entitled to Social Security disability benefits but the process of applying can be lengthy and difficult. The majority of applicants are denied benefits at the outset and they may be uncertain of how to proceed.

When we discuss Social Security disability benefits, we are talking about two different programs. Social Security Disability Insurance (SSDI) is available to people who have paid into the Social Security system through taxes during the ten years before they became disabled. Supplemental Security Income (SSI) is available for people who have not paid enough into the system to be eligible for SSDI. To be eligible for either type of benefits, one must be "unable to engage in any substantial gainful activity" - i.e. "work" - because of a "medically determinable" disability lasting one year or more or expected to result in death. The questions of whether or not an individual is disabled and whether or not he or she can work are the key factors in determining eligibility for benefits.

There are three stages in this process:

The first stage is the initial interview. A disabled individual may contact the Social Security Administration (SSA) to set up an appointment. One must have been disabled for five months before applying for SSDI benefits; there is no waiting period for SSI benefits. An applicant should bring two forms of identification to the interview and any medical records that provide evidence for the disability. If there are records the person has not obtained, he or she may sign a medical records release form permitting the SSA to obtain them. If an individual is not able to go to a Social Security office, he or she may conduct the interview by telephone or appoint another person, such as a family member to represent the disabled person at the interview. The process of deciding on the application takes from three to six months. Click here for more information about the application process.
 

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Visit www.specialneedsnewyork.com to learn more about Littman Krooks and their work for the empowerment of individuals with special needs.

In addition to special needs planning and special education advocacy, Littman Krooks offers legal services in elder law and estate planning. We can advise you concerning veterans' benefits or Medicaid. We can help you plan for home care or long-term care. We can draft a will. We can help you plan now for the emotional, legal, and financial impact your passing will have on your family.



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