Once you have determined what disability programs you are eligible for, the next step is to file an application for disability benefits. You should apply for disability benefits as soon as possible after becoming disabled. It is imperative that you fill out the application accurately and completely in order to ensure that your claim is processed and that the Social Security Administration has all of the information needed to make a favorable determination on your claim. Applications for disability benefits can typically be completed online, by phone, or in person at a Social Security office. However, at the time of this writing, due to the COVID-19 outbreak, most Social Security offices are closed, and applications must be completed either electronically or by phone.
Regardless of how you choose to submit your application, you will need to compile all of the necessary information before applying. You will be asked for personal and background information, including your social security number, date and place of birth, address, marriage information, and information about your children. You may be asked to provide proof of age and/or proof of citizenship or alien status record.
You will also be asked to provide the name and contact information of a witness who can provide information about your disability and the effect it has on your daily life. This can be a spouse, friend, family member, neighbor, or any other individual who is familiar with your condition(s). It is important to choose your witness wisely and ensure that you are choosing someone who will be able to give a full picture of your disability, if asked. You should be sure to notify this person that they may be contacted to provide information for your application prior to filling out the application.
In addition to personal background information, you must provide information about your work history. You will be asked to note the date that your medical condition began to affect your ability to work and/or the date that you became unable to work due to your medical condition(s). You will also need to provide information about your employment history for the 15 years prior to the date on which you became disabled, including: the names of your employers and the dates worked for each employer; the types of businesses in which you were employed; your job title; the amount of hours that you worked per day and/or per week; your rate of pay; and a description of your job duties.
Additionally, you must provide details about your medical conditions. You should list any medical conditions that you have been diagnosed with and that affect your ability to work. You will be asked to list all of the doctors or other medical professionals that treated you during the relevant time period (including hospitals, clinics, therapy offices, etc.), along with their contact information. You will also be asked to list all medications that you are current prescribed, along with the dosage and frequency of each medication and what condition is it prescribed for. You should document all tests, imaging studies, surgeries, or procedures that you underwent during the relevant time period. Finally, you will be given an opportunity to describe, in your own words, how your medical conditions affect your day-to-day life.
If you are applying for Supplemental Security Income (SSI), you may also be required to provide proof of income, proof of resources, and proof of living arrangements. Proof of income may include: payroll stubs, tax returns, award letters, court orders, receipts, or other documentation, depending on the sources of your income. Proof of resources may include: bank statements, deed or tax appraisal statements for all property owned (other than your primary residence), copies of life or disability insurance policies, certificates of deposit, etc. Proof of living arrangements may include, but is not limited to: a copy of your lease, rent receipts, deed or property tax bills, information about costs for utilities, and information about other household members.
Finally, you must sign and return a medical release, which allows the Social Security Administration to request your medical records from your doctors. While the SSA will attempt to contact your doctors and obtain the relevant reports on your behalf, it is recommended that you obtain and file any records that you want to be considered with your initial application.
Applying for disability benefits can be confusing and overwhelming. An experienced disability attorney can help you to compile the necessary documentation and medical reports, effectively summarize the evidence in your initial application, and assist you with completing and filing your claim for benefits. An attorney can also help you to determine what benefits you are eligible for and can represent you if your claim is denied after the initial application.
The disability attorney’s at Hinman, Howard & Kattell are available to assist you with your disability application regardless of where you are in the process. Our attorneys are available to represent clients throughout New York State and in surrounding areas. Please call our office at (607) 231-6708 or submit a contact request on our website for a free consultation.
| Gary C. Tyler Partner 80 Exchange Street Binghamton, NY 13901 Phone: (607) 231-6833 Email: gtyler@hhk.com |
| Jeffrey A. Jaketic Partner 80 Exchange Street Binghamton, NY 13901 Phone: (607) 231-6742 Email: jjaketic@hhk.com |
| Michelle Whitton Cowan Special Counsel 224 Harrison Street Suite 500 Syracuse, NY 13202 Phone: (315) 473-9414 Email: mwhittoncowan@hhk.com |
| Kristen A Hazlet Associate 707 Westchester Avenue, Suite 407 White Plains, NY 10604 Phone: (607) 231-6821 Email: khazlet@hhk.com |
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