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Disability Lawyer Buffalo, NY

Disability Lawyer Buffalo, NY

Disability Lawyer Buffalo, NY

A disability lawyer in Buffalo NY can help injured and disabled people get the benefits they need while their disability continues. If you live in New York and are injured or suffer from a debilitating disease or condition and are no longer able to work, you will need a source of income while you are recovering or struggling to live with your condition.

If the injury or condition did not come about as a result of work, workers’ compensation benefits will not be available to you.  However, other types of disability benefits may be. Keep in mind though, if you become disabled as a result of work or some non- work cause, you still need a disability lawyer in Buffalo, NY

In New York State, as in most states, employers are required to provide short term disability insurance to cover their employees in the event an employee becomes sick or disabled or is hurt in some non-work accident. Generally, the benefits provide a portion of the employee’s regular earnings for a limited period of disability. The employer may be responsible for some or all of the premiums.  

Although coverage exists, disputes may arise with the insurance company as to whether the employee meets the criteria under the policy. If these disputes arise, the worker will need a Buffalo, NY disability lawyer. Such disputes may involve whether the worker was truly an employee of the company that had obtained the disability policy for its employees, or whether the employee’s condition met the definition of disability under the policy. Issues may also arise when the insurance company contends that proper medical evidence of such disability has not been produced. If you have encountered these problems, you need a disability lawyer in Buffalo, NY.

Private long-term disability policies are also available for purchase by those who want the security of insurance that pays higher benefit amounts and for a longer period of time.  In most cases, these policies will be more expensive than short-term policies and the employer generally does not and is not required to pay the premiums.  However, some employers as an added fringe benefit of employment may pay some or all of the premiums of these private policies.  

Even if not provided in whole or in part by the employer, these policies may also be obtained independently by the employee and thereby help to ensure his or her own future in the event of a disabling event or condition. A note of caution though is that many workers may not be able to afford these types of policies.

As with most insurance policies, disputes may arise between the insured and the insurance company as to whether there is coverage under the policy. As with short-term policies, there may be defenses raised by the insurance company that the person does not meet the definition of disability under the policy or does not have adequate proof of such claimed disability. If this applies to you or to someone you know, you need a Buffalo, NY disability lawyer.

No matter in what state you live and work, if you become disabled and expect to be out of work for at least a year, you may also apply for Social Security Disability benefits, which are provided through the Social Security Administration. Depending on your level of disability, together with other factors such as your age, education, and work experience, you may qualify.  Disabled persons must also have a long enough work record to qualify for benefits. Applications for benefits may be submitted on-line at or at your nearest Social Security Administration office. If you apply and are denied, you need a disability lawyer in Buffalo, NY. You need the disability lawyers at Hurwitz, Whitcher, and Molloy.

Social Security Disability Benefits for Disabled Children

 Adults are not the only ones who can qualify for disability benefits. Children with disabilities may also qualify. Applying for Social Security Disability can be a complicated process. It can be even more so if you are applying for your child. This is why families should consider retaining the services of a Buffalo, NY disability lawyer for assistance.

The Social Security Administration (SSA) has specific requirements and guidelines for applying for Disability benefits for a child that differ slightly than those for an adult. According to the rules of the SSA, in order for a child to qualify for benefits, he or she must be disabled and have “little or no income or resources.” If a family’s income exceeds a specified limit, for example, a child may not qualify even if he or she is disabled. The program is meant to be of assistance for American families with little or no other recourse.

The first step to applying for disability payments for a child is to schedule a disability interview. The interview will be conducted by the state Social Security agency. The state agency will also consider medical and school records, and perhaps interview other people close to the child. For a child’s condition to be considered a disability it must be something that severely limits daily activities —the condition can be either mental, physical, or both. It also must be a condition expected to last at least one year or to result in death.

It can take up to four months to receive a response once the agency has begun the review process. Many families who are initially turned down for such benefits appeal the decision and are granted benefits after appeal. Even if benefit payments are not a possibility for your family, your child may instead qualify to enroll in Medicaid. (If a child is approved for disability payments, he or she will automatically qualify for Medicaid.) Another route, according to the SSA, could be to enroll a child in a State Children’s Health Insurance Program (SCHIP). The SSA may also provide a reference to agencies “for social, developmental, educational, and medical services.”

If a child is approved for Social Security Income benefits, it does not preclude his ability to work. A child’s earnings are not counted to determine whether or not the child qualifies for Social Security Disability, even if the child is a student.

Let Our Firm Help

If you or someone you know has questions about Social Security disability benefits, the most important step is to seek the counsel of a legal professional. Call Hurwitz, Whitcher, and Molloy LLP to schedule a free and confidential consultation with a Buffalo, NY disability lawyer. Whether you are applying for yourself, your child, or seeking to file an appeal of a denial or claim, our legal team can help.

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.