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Social Security Disability

Disability Benefits—Federal Social Security Program

It’s not easy to get Social Security benefits. Each year, about 65 percent of the 2.5 million people who file with the federal government for Social Security disability are initially denied benefits. The appeals process is so backlogged that it often takes at least 17 months for an appeals hearing to be scheduled.

Statistics show that your chances of winning your claim are improved by having an experienced lawyer. Markhoff & Mittman attorneys are experts in disability law. We have been helping New York’s injured and disabled since 1933. If you are about to apply for federal Social Security benefits or if you are considering the next step after being denied benefits, consider these facts:

Most claims do not contain enough documentation to win benefits. We can help you gather the right medical evidence to prove your case.

  • Mistakes in filling out paperwork result in delays or outright denials. We will help complete the necessary forms completely and professionally.
  • Social Security laws and regulations are confusing and complicated. We will handle your case so that you receive maximum benefits.
  • Disability benefits are available from other federal or state programs in certain circumstances. We will conduct a complete review of your case to ensure you have filed for all the benefits to which you are entitled.Not only are you eligible, your children or dependents may be eligible for a separate payment based upon your social security disability (auxilury benefits), and we can help obtain these benefits for you as well.

We Deal With the Government So You Can Take Care of Yourself and Your Family

We believe that when you are disabled because of accident, injury, or disease, you should focus on taking care of yourself—and not have the additional stress of dealing with a frustrating government bureaucracy. You’ll find that our lawyers know how to listen. We understand the financial and health worries that our clients face while applying for Social Security disability benefits.

More than 70 years of experience in helping clients who are disabled has taught us the value of combining professional expertise with a personal approach so that each client receives the best that Markhoff and Mittman has to offer. You’ll have peace of mind that you are getting the best legal help possible in fighting for your benefits.

Are You Eligible for Social Security Benefits?

The federal Social Security program encompasses a number of programs that protect against poverty, old age, disability, unemployment, and others. The laws governing disability benefits are too complex to explain fully here, but we’d like to provide this overview:

·First, you must have worked for a specified time period (generally twenty out of forty (20/40) quarters or five of the past ten years in any combination).Do you have enough quarters to even apply?

Second, you must have a physical or emotional disability that is severe enough to keep you from working.

Third, you must have a doctor’s report and other medical evidence proving what your inability to work is, any limitations you may have, and even your ability if any to work.

Even when you are entitled to benefits, the process is lengthy and can be discouraging. The Social Security Administration processes more than 2 million disability claims each year, and managing the sheer numbers of applicants makes it an impersonal and sometimes dehumanizing experience. The government’s resources are limited, meaning that that you’ll receive little government guidance in how to file, what evidence you need to present, and how to best present it. It’s almost routine for the Social Security Administration to reject most applications—especially if a lawyer wasn’t used. To receive benefits, the majority of people have to go on to the next step, which is to file for a hearing before an Administrative Law Judge, a step that can take an additional 17 months or longer. So, you can understand why some people give up even when they are legally entitled to Social Security disability benefits.

At Markhoff and Mittman, our mission is to make a difference in our clients’ lives. Our experience shows that how a disability is presented can be the difference between receiving benefits and not receiving benefits. As your lawyer, it will be up to us to fully and completely present your case so that the Social Security reviewers, doctors, and judges decide that you meet the requirements of the program and approve your claim to benefits.

Experience counts. Markhoff and Mittman handles countless numbers of clients with Social Security claims. You can feel confident that we’ll apply our knowledge and experience to your case.

We Make a Difference in Our Clients’ Lives

When you’re disabled, you need all the help you can get, and you need it as soon as possible. Contact Markhoff and Mittman for help today.

We recommend that you apply for benefits as soon as your doctor determines you are unable to return to work. While you are waiting for the bureaucracy to process your case, you will also be meeting the benefits waiting period required by law.

It’s important to consult with an attorney because there are other programs that may pay you benefits if you do not qualify for Social Security disability. For instance, if you disability occurred in the course of your job, you may be entitled to workers’ compensation. Or, you may qualify for Supplemental Security Income (SSI) benefits, which is a different part of the federal Social Security program.

We have offices that are convenient to Manhattan, Brooklyn, the Bronx, Queens, Staten Island, Westchester County, and Long Island. Please call us for a free evaluation of your case. Our fee is usually 25% of the past-due benefits (not to exceed $5300.00) but we only get paid if we are successful. (Depending on your case the fee arrangment may be different, but this is always discussed and agreed upon before we begin work)

Receive a Free Evaluation.

Call 866-205-2415 toll-free or 914-946-1452 or click here to email us.

We have lawyers and office staff who speak Spanish and French.


Library for Social Security Disability:

  • Three Quick Tips for a Successful Social Security Disability Claim   
    Description: Unfortunately for many injured individuals, the Social Security disability claims process can be confusing and take far too long. One challenge faced by many applicants is the amount of paperwork required and all the rules that must be followed. Many initial claims applications are denied because of a simple piece of missed information. Avoid having your claim denied for something simple by following these three tips for ensuring that your disability is actually covered and properly documented for the SSA.
  • Medicare's in critical condition, cries report   
    Description: Medicare will go broke in eight years if nothing is done to fix it because of the tanking economy and rising health care costs, a new report warns. Social Security is projected to go bust in 2037, four years earlier than forecast, according to the annual reports by trustees for the government-run entitlement programs.
  • Social Security Benefits Not Expected to Rise in ’10   
    Description: Federal forecasts are predicting that for the first time in more than three decades, Social Security recipients will not get any increase in their benefits next year.
  • Disability Cases Last Longer as Backlog Rises   
    Description: A look at the complex approval system for Social Security disability claims and how lengthening delays leave thousands of people in distress.
  • U.S. Treasury Secretary Addresses 50+ America   
    Description: In proclaiming May as Older Americans Month, a tradition first established in 1963, President Obama recognized significant contributions of older workers to our nation’s history and pledged to strengthen health care, retirement, community involvement and other programs vital to your interests. That includes ensuring that Social Security is always there to provide American seniors with essential support.
  • What is SSA doing about the disability claims backlog now?   
    Description: The amount of time it can take to receive a decision on your Social Security Disability claim is almost criminal. The agency is well aware of the huge problem that their massive case backlog poses for disabled individuals waiting for help from SSA, and they have been before Congress to answer for deficiencies in the system. While SSA has received stimulus money and is taking steps towards modernization – all with the goal of reducing the overwhelming case backlog – there is still a long road ahead for the agency.
  • How ‘Wounded Warriors’ can get expedited Social Security Disability help   
    Description: If you are an active duty military member disabled on the job, then the SSA has a program to get you the help you need. SSA’s Wounded Warrior program ensures that claims from injured and disabled military men and women unable to work are processed as quickly as possible. In this article we present five helpful facts about the SSA’s Wounded Warrior program to help familiarize you with what can be done for your situation.
  • 15 Facts New Yorkers Should Know About the Social Security Disability Insurance Program   
    Description: In this article we provide a list of 15 fast facts about Social Security Disability Insurance (SSDI). You will find a brief, easy to understand overview of some facts, features, and benefits of the SSDI program. Social Security disability benefits provide the necessary income when you find yourself disabled. If you have applied for Social Security disability benefits and have been denied, contact the experienced New York Social Security disability attorneys at Markhoff & Mittman, P.C. at (914) 946-1452 or (866) 205-2415.
  • How the Economic Stimulus may help your Social Security Disability Claim   
    Description: The much talked about economic stimulus package contains what could be good news for injured and disabled Americans who depend on Social Security Disability claims. The SSA will receive a large amount of money as part of the stimulus package, which will allow them to both modernize their data center and cut down on the backlog of cases. If you need help with any aspect of your Social Security Disability claim, please contact the law offices of Markhoff & Mittman at 866-205-2415.
  • Is the economy increasing the Social Security Disability claim backlog?   
    Description: With the economy slowly getting worse, everyone seems to wonder “what next”. Unfortunately for New Yorkers applying for Social Security Disability insurance benefits, a sluggish economy means that more and more Americans are turning to the SSA for help. This increase in claims was unexpected and not included in the SSA budget. Find out what this means for you and your SSDI claim. To get help with any aspect of your Social Security Disability claim, please contact the law offices of Markhoff & Mittman at 866-205-2415.
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Frequent Questions for Social Security Disability:


Case Results for Social Security Disability:


Web Resources for Social Security Disability:

  • NYSIF Cutting Minimum Premium on Disability Policies

    Description: A look at how the New York State Insurance Fund (NYSIF)cut the minimum annual premium for disability benefits policies from $100 to $60 for all new and renewing policies in a move expected to cut costs for about 20,000 employers across the state.

  • Medicare Advantage Fact Sheet

    Description: This updated fact sheet provides an overview of the Medicare Advantage program, describes program changes made by the new drug law in plan participation and beneficiary enrollment, presents data on benefits and premiums, and explains changes in Medicare payments to participating plans.

  • Medicare -- Official Site

    Description: The official U.S. Government site for people with medicare.

  • Does Medicare Cover Pregnancy?

    Description: A woman on medicare because of a disability ask whether medicare will cover pregnancy and childbirth.

  • Six Critical Health Care Reform Issues

    Description: What’s being said and who’s saying it in the debate on available, affordable, health care coverage.

  • No Action Needed to Receive Social Security Stimulus Check

    Description: A reminder from American Consumer News that no action is required to receive your social security stimulus check and answers to frequently asked questions about the stimulus payment.

  • Dead People Get Stimulus Checks

    Description: This week, thousands of people are getting stimulus checks in the mail. The problem is that a lot of them are dead. A Long Island woman was shocked when she checked the mail and received a letter from the U.S. Treasury -- but it wasn't for her.

  • Some Social Security recipients' $250 stimulus checks will have to be repaid at tax time

    Description: About 52 million Social Security recipients started receiving $250 economic recovery checks Thursday, including many who will have to repay the money at tax time next year -- either through a smaller refund or a larger tax bill.

  • Will There Be More Stimulus Checks, Social Security Payments and Tax Credits in 2010, 2011 and beyond?

    Description: All the tax credits/deductions and payments provided in the massive 2009 economic stimulus package will no doubt be hard to top in the years ahead. However the good news is that there will be more credits and deductions available to most Americans in 2010, 2011 and beyond.

  • Social Security Does Not Face a Near Term "Reckoning"

    Description: Recently several analysts, journalists, and legislators have sounded an alarm about the effect of the current recession on Social Security’s near-term prospects, which has fostered an impression that the program may face serious problems in the next few years.

  • View All


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