Rochester Social Security Disability Attorneys Fighting for Injured and Disabled Workers
We Fight to Secure Full SSD Benefits for Injured Rochester Workers
Losing your ability to work due to an injury or illness can be devastating. Whether you spent years in construction, healthcare, or manufacturing in Rochester, losing your income puts your future at risk. Social Security Disability (SSD) benefits exist to help, but securing them is difficult. The Social Security Administration denies most initial claims due to paperwork errors, lack of medical evidence, or technical issues. Common qualifying conditions include serious back and joint injuries, repetitive stress injuries from factory or warehouse work, chronic illnesses like COPD and heart disease, and neurological conditions such as multiple sclerosis or epilepsy. Severe mental health disorders, including depression and PTSD, may also qualify if they limit daily functioning.
Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP fights for injured and ill workers throughout Rochester to secure the full benefits they deserve. From initial applications to appeals and hearings, our team builds strong cases and challenges unfair denials. Occupational illnesses from toxic exposure, repetitive stress injuries, and long-term disabilities require knowledgeable legal advocacy to ensure workers get the support they need. When your health and financial stability are at stake, having the right attorney can make all the difference. Contact us for a free consultation.
FAQs About SSD Claims in Rochester
When a disability takes away your ability to work, the uncertainty can be overwhelming. Understanding your rights and knowing how the Social Security Disability system works is critical to securing the benefits you need. Misinformation and mistakes can lead to delays or denials, leaving you without the financial support you deserve. Reliable guidance from a trusted legal professional can make all the difference in ensuring your claim is handled correctly from the start.
- Who qualifies for Social Security Disability (SSD) benefits in Rochester?
- What types of injuries and illnesses commonly lead to SSD claims in Rochester?
- How do I apply for SSD benefits in Rochester, and what information do I need?
- Why are so many SSD claims denied, and how can I avoid common mistakes?
- What should I do if my SSD claim was denied in Rochester?
- How long does it take to get SSD benefits in New York, and what causes delays?
- What medical evidence do I need to prove my disability to the Social Security Administration?
- How does working in Rochester’s major industries — construction, healthcare, and manufacturing — affect SSD eligibility?
- Can I qualify for SSD if I was injured in a car accident, construction accident, or another incident outside of work?
- Can I receive both workers’ compensation and SSD benefits at the same time?
- What are the most common reasons the Social Security Administration denies claims in Rochester?
- How do insurance companies and the Social Security Administration try to minimize or deny SSD claims?
- What legal options do I have if my disability claim is taking too long to process?
- How can a Rochester Social Security Disability lawyer help me through the application and appeals process?
- Why should I contact Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP for my SSD claim?
Who qualifies for Social Security Disability (SSD) benefits in Rochester?
Not everyone who is unable to work qualifies for Social Security Disability benefits. The Social Security Administration (SSA) has strict requirements, and understanding these qualifications is essential before filing a claim. To qualify for SSD in Rochester, you must:
- Have a severe medical condition: Your disability must prevent you from performing substantial gainful activity (SGA) and be expected to last at least 12 months or result in death.
- Meet work history requirements: You must have worked long enough and recently enough in jobs covered by Social Security, typically earning enough work credits within the past 10 years.
- Fall under the SSA’s definition of disability: The SSA maintains a list of qualifying conditions, but even if your condition isn’t listed, you may still be eligible if you can prove it prevents you from working.
Because the SSA denies most initial claims, working with an experienced Social Security Disability lawyer can help ensure your application is complete and properly documented.
What types of injuries and illnesses commonly lead to SSD claims in Rochester?
Certain medical conditions are more likely to qualify for SSD, particularly those that significantly impact daily life and prevent consistent employment. Common conditions that lead to successful SSD claims in Rochester include:
- Musculoskeletal disorders: Severe back injuries, spinal conditions, joint disorders, and repetitive stress injuries common in factory and warehouse work.
- Neurological conditions: Multiple sclerosis, epilepsy, Parkinson’s disease, and traumatic brain injuries from workplace falls or vehicle accidents.
- Respiratory diseases: COPD, chronic asthma, and lung disease caused by prolonged exposure to industrial chemicals or hazardous materials.
- Mental health disorders: Severe depression, PTSD, anxiety disorders, and schizophrenia that limit a person’s ability to function in a work environment.
- Chronic illnesses: Heart disease, cancer, diabetes complications, and immune disorders such as lupus that prevent long-term employment.
Even if your condition isn’t explicitly listed by the SSA, an experienced disability attorney can help prove your eligibility by demonstrating how your illness or injury limits your ability to work.
How do I apply for SSD benefits in Rochester, and what information do I need?
Applying for SSD benefits involves submitting a detailed application with extensive medical and work history documentation. To strengthen your claim, make sure to:
- Gather medical records: Include reports from doctors, hospitals, and specialists detailing your condition and how it limits your ability to work.
- Provide work history details: Submit past employment records, W-2 forms, and Social Security work credits to prove your eligibility.
- Complete the SSD application: File online, by phone, or in person at the Rochester SSA office, ensuring every section is properly filled out.
Because small mistakes or missing details can result in delays or denials, consulting a disability lawyer before submitting your application can improve your chances of approval.
Why are so many SSD claims denied, and how can I avoid common mistakes?
Most SSD claims are denied due to technical errors, lack of medical evidence, or failure to meet the Social Security Administration’s strict criteria. Many applicants don’t submit enough documentation proving that their condition prevents them from working, while others make mistakes in their application that lead to automatic denials. In Rochester, claims for injuries common in construction and manufacturing, such as severe back injuries or repetitive stress disorders, may be denied if medical records don’t clearly link them to work limitations. To avoid these pitfalls, applicants should ensure their medical documentation is thorough, follow all prescribed treatments, and submit their application correctly. A lawyer can help by gathering the strongest possible evidence and handling all the technical details to improve the chances of approval.
What should I do if my SSD claim was denied in Rochester?
A denied claim isn’t the end of the road – many valid applications are initially rejected, but there is an appeals process. If your claim was denied:
- Request a reconsideration: You have 60 days to submit additional medical evidence and ask the SSA to review your claim again.
- Prepare for a hearing: If your reconsideration is denied, you can request a hearing before an administrative law judge.
- Submit new medical evidence: Additional doctor’s evaluations, test results, and witness statements can help strengthen your appeal.
The appeals process can be complex and time-consuming. Having a disability lawyer on your side can significantly improve your chances of getting approved.
How long does it take to get SSD benefits in New York, and what causes delays?
The SSD process is notoriously slow, with most applicants waiting three to five months for an initial decision, and that’s if there are no issues. If a claim is denied and an appeal is needed, it can take a year or longer to get a hearing before an administrative law judge. Delays are often caused by incomplete applications, missing medical records, and the SSA’s backlog of cases, especially in high-demand areas like Rochester. The SSD office in downtown Rochester handles many claims, leading to additional processing delays. A lawyer can help by ensuring all necessary documents are submitted upfront, avoiding unnecessary delays and improving the chances of approval at the earliest stage.
What medical evidence do I need to prove my disability to the Social Security Administration?
Strong medical evidence is the foundation of a successful SSD claim. The SSA requires comprehensive documentation to prove the severity and long-term impact of your condition. Important medical evidence includes:
- Doctor’s reports: Detailed evaluations from your treating physicians explaining your diagnosis, symptoms, and work limitations.
- Diagnostic tests: X-rays, MRIs, CT scans, and lab results that confirm the existence and severity of your condition.
- Treatment history: Records showing prescribed treatments, medications, and how your condition has progressed over time.
The SSA often denies claims due to insufficient medical documentation. A lawyer can help gather and present the strongest evidence possible to support your claim.
How does working in Rochester’s major industries – construction, healthcare, and manufacturing – affect SSD eligibility?
Rochester’s economy relies heavily on industries that involve physically demanding and high-risk jobs. When workers in these industries develop disabilities, their claims often require additional evidence to prove long-term impairment. Key industry-related factors include:
- Construction workers: High rates of back injuries, falls, and traumatic brain injuries that make physical labor impossible.
- Healthcare workers: Repetitive stress injuries, chronic pain, and exposure to infectious diseases that prevent continued employment.
- Manufacturing employees: Respiratory conditions from chemical exposure, repetitive motion disorders, and machine-related injuries.
A disability lawyer familiar with Rochester’s workforce can help demonstrate how industry-specific hazards contribute to long-term disability.
Can I qualify for SSD if I was injured in a car accident, construction accident, or another incident outside of work?
Yes, SSD benefits are available to people who are unable to work due to long-term disabilities, regardless of whether the injury occurred on the job. If you were hurt in a car crash on I-390, a construction accident on a site in downtown Rochester, or another serious incident, you may qualify if the injury prevents you from performing substantial gainful activity. The key is proving that your condition meets the SSA’s definition of disability, meaning it must be severe enough to last at least 12 months or result in death. While SSD can provide financial relief, if another party was responsible for your accident, such as a reckless driver or negligent property owner, you may also have grounds for a personal injury claim, which could provide additional compensation. A lawyer can evaluate all legal options to maximize your financial recovery.
Can I receive both workers’ compensation and SSD benefits at the same time?
Yes, you can receive both workers’ compensation and SSD benefits, but the total amount of benefits you receive may be reduced. Workers’ comp provides partial wage replacement for job-related injuries, while SSD is based on your work history and inability to perform substantial gainful activity. In New York, the combined total of both benefits cannot exceed 80% of your average earnings before you became disabled. This is particularly relevant for Rochester’s injured construction workers, healthcare employees, and factory workers, who may have long-term disabilities preventing them from returning to work. Because the calculation is complex and errors can lead to unnecessary reductions, an attorney can ensure you receive the maximum benefits possible under both programs.
What are the most common reasons the Social Security Administration denies claims in Rochester?
The SSA denies most initial SSD applications, often for avoidable reasons. The most common denial reasons include:
- Insufficient medical evidence: Lack of doctor’s reports, test results, or treatment records proving the severity of the condition.
- Failure to follow prescribed treatment: If the SSA believes a claimant is not following medical advice, they may reject the application.
- Earnings above the allowed limit: Claimants working part-time or earning above the substantial gainful activity limit may be disqualified.
Many denials can be appealed successfully with the right legal guidance and additional documentation.
How do insurance companies and the Social Security Administration try to minimize or deny SSD claims?
Insurance companies and the SSA frequently use tactics to reduce or deny claims, often leaving disabled workers without the benefits they need. The SSA may argue that a condition isn’t severe enough, claim there isn’t enough medical evidence, or suggest that the applicant can perform other types of work. Insurance companies handling workers’ comp claims often downplay injuries, pressure claimants to return to work too soon, or dispute the connection between the disability and the job. For example, a nurse at Rochester General Hospital with a serious back injury might be told by an insurance adjuster that her condition is not disabling enough for long-term benefits. Having an SSD lawyer can help counter these tactics by providing medical evidence, securing expert testimony, and appealing wrongful denials.
What legal options do I have if my disability claim is taking too long to process?
SSD claims can take months or even years to process, but claimants do have options if they face unreasonable delays. To address delays, you can:
- Check your application status: Regularly follow up with the SSA to ensure there are no missing documents.
- Request an expedited review: If you have a terminal illness or extreme financial hardship, you may qualify for a Compassionate Allowance.
- File an appeal for delay: If the SSA takes too long, legal action may be necessary to push your claim forward.
An experienced SSD attorney can monitor your case and take action to prevent unnecessary delays.
How can a Rochester Social Security Disability lawyer help me through the application and appeals process?
The SSD process is complex, and even minor mistakes can result in a denial. A Social Security Disability lawyer can assist by:
- Ensuring your application is complete: An attorney can help you avoid technical errors that could lead to rejection.
- Gathering strong medical evidence: Our firm collects expert opinions, test results, and treatment records to strengthen your claim.
- Representing you at hearings: We can advocate on your behalf before an administrative law judge if your claim is denied.
Having a lawyer handle your claim improves your chances of getting approved while reducing stress and delays.
Why should I contact Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP for my SSD claim?
SSD claims require experience, persistence, and a thorough understanding of the Social Security system. Our firm offers:
- Decades of experience: A long track record of successfully handling SSD cases in Rochester and throughout New York.
- Aggressive advocacy: Fighting unfair denials and pushing back against unnecessary delays.
- Personalized legal support: Guiding claimants through every step, from applications to appeals and hearings.
A denied claim can mean months or years without financial support. Contact us for a free case evaluation and get the help you need to secure your benefits.
Get the SSD Benefits You Deserve With a Rochester Social Security Disability Attorney
When a disability takes away your ability to work, securing Social Security Disability benefits shouldn’t be a battle. Unfortunately, the system is complicated, and many claims are denied, leaving deserving people without the support they need. Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP fights for injured and ill workers in Rochester, helping them through the SSD process and demanding the full benefits they deserve. Whether you are applying for the first time or appealing a denial, having the right legal team can make all the difference.
Don’t risk unnecessary delays or denials. Contact us for a free consultation with an experienced attorney. There are no upfront costs, and you don’t pay a fee unless we win your case.