IF I OWN MY OWN BUSINESS AND HAVE A DISABLING CONDITION THAT PREVENTS ME FROM TECHNICALLY "DOING WORK" WITHIN MY BUSINESS, AM I ELIGIBLE FOR RECEIVING SOCIAL SECURITY DISABILITY BENEFITS?

WHEN SHOULD I APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS?

A: Social Security Disability Benefits (Officially known as SSDI - Social Security Disability Insurance under the law) are available to a disabled individual who has been or will be out of work for at least 12 months due to a medical condition or conditions that are severe enough to prevent the person from working for at least a year.

But you DO NOT have to wait a year! You SHOULD apply as soon as you can no longer work or your income drops below $980 per rmonth due to your medical condition (this is known as Substantial Gainful Activity - if you cannot perform SGA then you can be eligible - the SSA sets this amount each year. In 2009 it is $980 - so if you earn less than that a month due to your conditions you can apply for SDDI!)

Why not wait until you are actually out a year? Simple. It could take up to two years or more for your claim to finally be granted after the hearing and appeals process. Also, you will be paid retroactively to the time of your filing of a claim so waiting too long could jeopardize benefits.

If you apply and then return to work before the year requirement is met, no problem you can just drop your claim. But then again, if you cannot continue to work you may be eligible anyway!

Contact Us: Markhoff & Mittman PC 866.205.2415 or info@markhofflaw.com

Serving disabled individuals and their families since 1933. We handle cases througout New York City, Bronx, Brookyln, Queens, Long Island, Westchester and Rockland. We have offices in White Plains, Monsey, Bronx, East Meadow and NYC! Call us or email us today.

The Markhoff & Mittman Team!