Legal Question in Social Security Law in New York

Social Security Disability Denied

I became disabled on 11/16/2005 due to a broken back. I had 2 rods, 6 screws, caging and a spinal fusion on L1-L5. My Dr put me as temp total disabled. I was able to recieve short term disability through my employer for 26 weeks. In April I applied for SSDI and was denied. I filled out the appeal and I haven't heard back from SSDI. 11 months later I am still disabled. I saw my Dr and told him I had been denied. He was shocked. He was going to put in his report that I am stil disabled. My job requires me to be on my feet all day, bending, lifting and twisting. I can no longer do that. I can't even do housework. After 20 mins on my feet I have excurating muscle spasms and I have nerve damage. I called SSDI and they told me it takes up to 13 months for a hearing. I have 2 children one who just started college. I haven't had any income coming in since my short term ended in May. Is there anything my Dr or I can do to speed up this process? Do I need a lawyer (I can't afford one)?Any help will be GREATLY APPRECIATED. Thanks in advance for your time and help.


Asked on 10/18/06, 9:11 pm

1 Answer from Attorneys
Steven Modica Modica & Associates

Re: Social Security Disability Denied

I practice primarily in Rochester and Western, NY. We have a "dire financial needs" policy in place that can allow for an expedited hearing. As thousands of people are waiting, Social Security is not anxious to allow someone to "leap" over people that have been waiting for a hearing. For an explanation of our dire needs policy, check out:

http://www.modica-associates.com/article.asp?action=view&ID=108&header1=&header2=&header3=

You should hire a lawyer ASAP. You do NOT have to pay money up front to hire a lawyer. Most lawyers agree to accept 25% of any lump sum paid to you (but NOT more than $5,300) as their fee. This is paid ONLY if you win.

By law, you are responsible for "out-of-pocket" expenses win or lose. For most cases I handle, the "out-of-pocket" is under $100.00.

I hope this information helps. Good luck.

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Answered on 10/19/06, 10:33 am


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