Social Security Disability

Your Social Security Disability Case & Rights

When you need help navigating the confusing world of Social Security, call on our attorneys at Hurwitz, Whitcher & Molloy Attorneys at Law. If you have been disabled for a period of one year or expect to be, you may be entitled to Social Security Disability Insurance (SSDI) benefits in addition to workers’ compensation benefits. Medical documentation from your doctor verifying your disability is essential to your claim.

Here’s What You Need To Know

You may apply for benefits at any time, but there is a six-month waiting period. This means that once your disability onset date is established you are not entitled to payment for the first six months of disability. Your minor or disabled children may also be entitled to benefits on your account. Once entitled to benefits you will become Medicare eligible after two years. 
Social Security Disability
Attorney fees for representation are dependent upon you receiving benefits. If we are not successful in obtaining benefits for you we will not receive any fee. Fees are paid to attorneys directly from the Social Security Administration out of your back benefits.

Unfortunately, if you are not awarded SSDI benefits at the time of your initial application you will have to appeal and request a hearing before an Administrative Law Judge. There are strict time limits (60 days) for appealing a denial. Thus it is very important to contact our office immediately if you receive a denial. Due to the large backlog of cases there is currently a two-year wait for a hearing in Buffalo.  

Your SSDI benefits may be offset by what you receive from workers’ compensation. Any increase or decrease in your workers’ compensation benefits may cause an increase or decrease in your Social Security benefit. Thus it is very important to advise the Social Security Administration of any changes in your workers’ compensation benefits.  

Once receiving benefits, you may work in a limited capacity and continue to receive SSDI. Currently for 2016 you can earn up to $1,130.00 per month without any impact on your SSDI benefits. If you continuously earn in excess of this monthly amount you can continue to receive SSDI for a limited time during a trial work period. It is important to notify the Social Security Administration of any work activity or wages you receive while on SSDI even if it is below the above amount.

Let’s Get Started

For more information about your entitlement to SSDI or the interplay between workers’ compensation and SSDI, please call us. You can apply for SSDI at any Social Security office, by calling 1-800-772-1213, or online at
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