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Why Was I Denied Disability in New York

Published on December 21st, 2016

Your disability claim through Social Security was denied. You are probably wondering why you were denied, even though you are currently working while trying to tolerate the pain and adversity caused by your disability. Social Security disability laws are very rigid and require special attention to details.

Denied Disability in New York

Work Credits

First and foremost, you must have worked in a job that is covered by Social Security for approximately 10 years. For the years you have worked you acquire work credits. These credits are based on your total yearly wage. You are allowed four credits per year. Each year the wage amount needed for credits changes. As an example, $1300 in wages is required for one quarter of credit in 2017, while quarters are allowed for coverage in a one year period.

Age is also a factor when determining work credits. Generally speaking, at 24 years or younger, you can possibly get approved with six credits earned in a three=year period before your disability. For ages 24 through 31, you may qualify if you have worked half the time between the age of 21 and the date of your disability. At ages 31 and older, there is a guide as to how many credits are needed.

Disability Definition

Secondly, your medical condition must meet Social Security’s definition of disability. This definition is very strict and has specific guidelines. Social Security only pays for full disability. Partial disability, otherwise known as short-term disability, offers no benefits.

A worker is considered disabled if he or she can no longer do the work he or she was once able to do. It is up to Social Security as to whether you can or cannot adjust to other work due to your medical condition. The medical condition must also have lasted or will last for at least a year or until the worker’s death. The disabling condition must be considered “severe” by the department’s standards. There is a list of medical conditions for each of the major body systems. If you do not find your disability on this list, Social Security has the authority to evaluate if you qualify.

Taxes

Keep in mind that the IRS may collect taxes on your benefits. If you file “individually” your “combined income” must not exceed $25,000. However, if you file jointly, the combined income will be $32,000. If you do not qualify for Social Security disability, you may qualify for Social Security benefit. These benefits are based on need rather than work credits.

Because of these complexities, you may want to consider making use of an attorney to ensure you receive all benefits that you are due.


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