Practice Areas
Blog 
- Workplace Injury and Litigation Group Passes Resolution denouncing the AMA 6th Medical Guidelines
- AMA Defeated in NY, at least for now!
- NYC Hosts "Construction Safety Week"
- Doctors to Employers: Stop Downplaying Workers' Injuries!
- TOTAL INDUSTRIAL DISABILITY AND THE NEW YORK WORKERS COMPENSATION BOARD
- Injured Workers Will Suffer Again!
- How Many Workers' Comp Insurers Were Lying to Regulators?
- 149 Busted for Workers' Comp Fraud in 2007
- Thanks to Workers Compensation Alliance for showing us the real face behind the Spitzer Administration
- 450,000 New Yorkers Might Miss Tax Rebate Check
News
- Worker Hospitalized as Race Course Barn Collapses
- Construction Worker Dies in 30 Foot Fall From Scaffold
- NYC Steel Worker Critically Injured in Fall
- NYC Buildings Commissioner Resigns After Criticism
- NYC's Mayor Bloomberg Examining Buildings Department After Deaths
- Manhattan Construction Worker Falls to His Death
- Impairment v. Disability, an Interview on the AMA!
- New York Dept. of Transportation Worker Crushed by Platform
- New York Bakery Told to Shut Down Over Workers' Comp Violations
- Multiple Self-Insured Workers' Compensation Trusts Shut Down by Workers Compensation Board!
Library
New York State Workers’ Compensation
- How much can you be reimbursed for mileage in workers' compensation case?
- 2007 Workers' Compensation - Effective Dates of Statutory Changes
- Benefits Available to Injured NY Workers
- Why Can't I Just Sue My Employer?
- CASE LAW: FACTORS FOR A FINDING OF TOTAL INDUSTRIAL DISABILITY IN WORKERS COMPENSATION
Social Security Disability
- How Social Security Makes Eligibility Determinations
- Ticket to Work: A Social Security Work Incentive Program
- My Social Security Claim Was Denied. Now What?
Supplemental Security Income
Federal Workers’ Compensation
- Federal Employees' CompensationAct
- Who is Covered Under FECA?
- Longshore & Harbor Workers' Compensation Act
- Appeals Process: Federal Workers' Compensation
Forms
How Social Security Makes Eligibility Determinations
Social Security Disability is available only to individuals who are “totally disabled.” Federal law has a very strict definition of disability, paying benefits only to those people who cannot work because they have a medical condition that is expected to last at least one year or result in death.
Adult disability is evaluated under a five step process, which considers your medical condition, any work you are currently doing, and the effect that your condition has on your ability to work. The five criteria are:
· Are you currently working?
If you are and your earnings are more than a certain amount each month, you will generally not be able to collect benefits. In 2008, that amount was $1,570/month for blind individuals and $940/month for non-blind.
If you are not working, or your monthly earnings are below the current amount, your application proceeds to the next step.
· Is your medical condition “severe”?
In order to be eligible for benefits, your medical condition must significantly limit your ability to do basic work activities (walking, sitting, remembering) for at least one year.
· Is your medical condition on the List of Impairments?
Some medical conditions are so severe that they automatically qualify for benefits. These conditions are contained in the List of Impairments. This list is broken down into Adult Listings and Childhood Listings.
If your medical condition is not on the List of Impairments, the state agency will continue to consider your application for benefits on a case-by-case basis.
· Can you do the work you did before? The next question is whether your medical condition prevents you from being able to perform the same work you did before. If it does not prevent you from doing so, the agency will decide that you are not disabled. If it does prevent you from doing the same work you did before, the agency proceeds to the final step.
· Is there another type of work you could perform? The final step is to evaluate your medical condition, age, education, past work experience, and any other skills you possess to determine whether you could pursue another line of work. If you cannot do other work, the agency will determine that you are, in fact, disabled. However, if there is another line of work you could pursue, you will not be eligible for Social Security Disability Benefits.
Disability determinations are made by state agencies. The New York Social Security department can be found here.
Ask an Attorney
Markhoff & Mittman, P.C.
14 Mamaroneck Avenue
Suite 400
White Plains, NY 10601
Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax: (914) 946-0810
Markhoff & Mittman, P.C.
Main Office
14 Mamaroneck Avenue
Suite 400
White Plains, NY 10601
Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax: (914) 946-0810
Long Island Office
1778 Hempstead Turnpike
East Meadow, NY 11554
Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax (516) 222-2292
New York City
by Appointment Only