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When Disability Benefits are Needed

More than 2.5 million workers suffer injuries or illnesses in the workplace every year that cause them to miss work. While some injuries are not serious, others can be debilitating and cause permanent damage, preventing workers from returning to the workplace.

Workers’ compensation insurance can be helpful in covering an employee’s missed wages and medical expenses. However, when injuries keep workers away from their jobs for more than a year, Social Security disability benefits may also be necessary.

Who qualifies for disability benefits? The Social Security Administration (SSA) employs a 5-question process to determine those who qualify.

  1. Are you working? If you’re currently working and making more than $1,310 per month, you likely won’t qualify.
  2. Is your condition “severe”?  If your condition has not significantly limited your ability to do basic work-related activities (such as lifting, standing, walking, sitting, etc.) for at least a year, you likely won’t qualify.
  3. Is your condition mentioned in the SSA’s “list of disabling conditions?” If it’s not on the SSA’s list, the agency will review your case to determine whether they consider it to be “disabling.”
  4. Can you perform the work you did previously? If you’re able to perform your job as before, you won’t qualify.
  5. Can you do any other type of work?  After considering your medical conditions, age, education, previous work experience and any transferable skills, the SSA will determine whether you are disabled and that you qualify for benefits.

Processing disability applications takes 3-5 months. The SSA uses that time to collect medical evidence from doctors and to review facts pertaining to your case.

Disability Attorney. The process of applying for disability is often confusing and daunting. Retaining an experienced lawyer can significantly increase your chances of receiving benefits and help you avoid denials that are based on technicalities or other errors.

The SSA imposes tight deadlines for filing the right forms at the right time. Mounds of information are requested, including IRS forms, bank account information, medical records, medication history, employment history, and much more.

Experienced attorneys can guide you through the SSA maze and advise you throughout the process. They are often much better equipped than you are at assessing when and when not to file an appeal and understanding why a claim may be rejected.

If you’ve been sidelined for more than a year, you may qualify for disability benefits, as an attorney, like a Social Security lawyer in Buffalo, NY, at a firm such as Hurwitz, Whitcher & Molloy, Attorneys at Law, can explain.

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Client Testimonials

As a disabled claimant, I can’t thank Hurwitz, Whitcher & Molloy enough for guiding me through these past fourteen years. No one else wanted my Workers’ Compensation case. No one! It was complicated. There were a lot of issues that made things difficult. They stuck with it well over a decade with preparedness, intelligence and grace. Mister Melvyn, he’s a good guy. Cathy, she’s so amazing.

- Salli B.

I became a client of the Hurwitz firm in May of 1997 due to injuries I received while I was a meat cutter at I. Isenberg Meats in Buffalo, New York. Since my first encounter with your firm and up until the present day, I have been entirely satisfied with the way your firm has treated me.

- William C.

Thank you for all you do throughout the year. I know I’m in the hands of the best compensation lawyers who really care!! God bless you all.

- Michelle A.

If you are injured at work and need a workers’ comp attorney, you need Hurwitz, Whitcher & Molloy. They are the ‘King Pins’ of all comp attorneys. You will be taken care of every step of the way. I am a very satisfied client!

- Richard B.