Legal Question in Social Security Law in New York
I have been on short term disability thru my employer since December 1st. It is due to expire June 1st. I have been seeking treatment for anxiety, depression, panic attacks and agoraphobia. I also have asthma which triggers a lot of attacks. What should I apply for (ex. SSI, SSD, etc.) I am not clear as to what the differences are and all that I can apply for. I do not see myself being able to return to work for quite a while, if at all. I can not drive due to this, nor can I go into certain places, deal with a lot of stress, certain lighting affects me, I can't concentrate, focus or remember a lot. Are my chances for approval for SSI and/or SSD higher because I was approved for short term disability originally? What steps should I take? Thank you!
1 Answer from Attorneys
Whether you can apply for SSD depends on if you have enough work credits to be eligible for SSD. This also depends on your age.
SSI is for those individuals who have few resources and limited income. You do not need to worry about work credits with SSI. You generally can have a house and a car and still be eligible for SSI.
If you are unsure it cannot hurt to apply for both.
Being eligible for short term eligibility does not help you because you have to prove that you will be disabled for at least 12 months. Your short term disability is only for 6 months. However, since you feel you cannot work for awhile you can still use medical records to show that you are unable to work for at least the next 6 months.
You can apply for social security by yourself or find an attorney who will help you submit your application and the necessary evidence to support the application. The social security website has a great website if you want to read more information on eligibility for SSD and SSI.
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