Phone

716-874-1739
716-531-4923 (f)

Address

315 Alberta Drive Suite 106
Amherst, NY 14226

What is a Social Security Disability Review?

Jan 5, 2025 | Social Security Disability

Social Security Disability review is when the Social Security Administration (SSA) checks to see if you still qualify for disability benefits. These reviews, called Continuing Disability Reviews (CDRs), ensure your condition is still severe enough to keep you from working. During the process, the SSA updates your medical records and may schedule a medical exam. If your condition hasn’t improved and you still can’t work, your benefits should continue.How often the SSA reviews your disability depends on the likelihood of improvement in your condition:

  • Every 6 to 18 months: If the SSA expects your condition to improve.
  • Every 3 years: If improvement is possible but not certain.
  • Every 7 years: If improvement is unlikely.

Unexpected events can also trigger reviews. For example:

  • If you start working within 24 months of receiving benefits.
  • If the SSA hears from your doctor or another source that your condition has improved.
  • If you skip prescribed treatments without a valid reason.
  • If new treatments for your condition become available.
  • If there are accusations of fraud.

What Does the SSA Look at During a Review?

When reviewing your case, the SSA considers:

  • Your medical condition: Has it improved since your last review?
  • Your ability to work: Can you still not earn above a certain income level?
  • New treatments: Have they improved your condition?
  • Treatment compliance: Are you following your prescribed medical treatment?
  • Work history: Are you earning more than the Substantial Gainful Activity (SGA) limit?
  • Combined disabilities: If you have multiple conditions, how do they affect your ability to work?

How Long Does a Review Take?

The review process can take a few months, depending on how much information the SSA needs:

  • Short forms: If your condition hasn’t changed much, the review might be quick.
  • Additional documentation: If more medical records or exams are needed, it could take longer.

You can track your review status through your “my Social Security” account or by contacting your local SSA office. Staying informed helps you respond to decisions quickly.

What Happens After the Review?

There are three possible outcomes:

  1. Your benefits continue: If your condition hasn’t improved and you still can’t work.
  2. Benefits are temporarily suspended: If you’re earning above the SGA limit but could restart if your earnings drop.
  3. Benefits are terminated: If your condition improves enough to allow you to work, or if you exceed the SGA limit for too long.

If your benefits are suspended or terminated, you can appeal the decision. The appeal process includes:

  • Reconsideration
  • Hearing with an administrative law judge
  • Review by the Appeals Council
  • Federal court review

You usually have 60 days to file an appeal at each step. Pashler & Devereaux can guide you through the process, help with paperwork, gather evidence, and represent you during hearings. Legal support increases your chances of success and reduces stress.

Veterans Disability Benefits Questions

Jul 25, 2024 | Veterans Disability

Veterans in New York State who have sustained disabilities due to their service are entitled to a range of benefits and support through both federal and state programs. The U.S. Department of Veterans Affairs (VA) provides disability compensation for veterans with service-connected disabilities, offering monthly payments based on the severity of the condition. In addition to federal support, New York State offers supplemental benefits, such as property tax exemptions, access to state parks, and tuition assistance for dependents. These benefits aim to provide veterans with financial stability and ensure they can access the necessary services and resources.

New York also has a dedicated network of veterans’ service organizations that assist disabled veterans with navigating the application process for benefits, appealing decisions, and accessing healthcare. The state prioritizes supporting veterans through housing programs, mental health services, and vocational training to help reintegrate them into civilian life. For those with significant disabilities, programs like the New York State Division of Veterans’ Services offer specialized assistance to ensure veterans receive adequate care and support tailored to their individual needs.

The team at Pashler and Devereaux can assist you with your filing. Contact us today.

Social Security Disability Questions

Jul 25, 2024 | Social Security Disability

Can I Qualify For SSD?

Yes. The Social Security Administration administers two disability programs, DIB (Disability Insurance Benefits) and SSI (Supplemental Security Income). For advice regarding SSD, you will want to consult with a disability attorney.

Am I Eligible For SSD Payments?

Western New Yorkers know all about hard work. However, you may become unable to work due to your disability. Receiving payments for a disability requires showing you cannot perform your regular work due to a disabling condition:

Examples of disabling conditions include:

  • Blood and related hematological disorders
  • Cancer
  • Heart disease
  • Mental impairments, including anxiety, schizophrenia and depression
  • Musculoskeletal pain
  • Respiratory difficulties
  • Vision loss

Your case is unique and requires individual, careful analysis, which we can discuss at your free initial consultation. With Pashler & Devereaux by your side, you can be rest assured that certain life impacts — as a result of a disability denial — continue to be kept at their minimum.

What Is SSI?

Not every disabled individual will have enough work history to qualify for disability benefits. 

SSI is a needs-based program that helps disabled people with very low household income and minimal resources. Not all disability lawyers will represent individuals who are seeking just SSI benefits. However, we will work with you to help secure the disability benefits you deserve.

At What Stage In The Application Process Should I Contact A Disability Attorney?

A disability attorney can help you at any stage in the disability application process, including the initial application. We are experienced disability attorneys familiar with how the Social Security Administration makes decisions. If you are in western New York or Amherst, put our knowledge of disability law to work for you.

I Received A Denial Of My Reconsideration, Should I Speak To You About A Hearing?

Yes. As your disability attorney, we will help you file your appeal with the Social Security Administration. You have a limited amount of time within which you have to file an appeal for a disability hearing. When you appeal, you will have a Social Security Disability hearing before an administrative law judge. Pashler & Devereaux will help you present your case at the hearing. You and your witnesses can tell the judge about your impairments and how they limit what you are able to do.

How Much Medical Evidence Is Required?

Medical evidence is the pivotal component in the SSA’s decision of whether you are officially disabled. We will advise you about how we can compile as much medical evidence as possible, including diagnostic reports, X-rays, imaging, test results and surgical records.

Do I Need A Disability Attorney?

If you have been injured or are suffering from an injury, you do not need a disability attorney. However, disabled individuals who retain an attorney are more likely to be successful in the disability application process.

Disability attorneys will all charge the same fee. If an attorney represents you, the government withholds 25 percent of all retroactive benefits as a possible attorney’s fee.

Choose Pashler & Devereaux because we understand your claim is unique. We focus on disability law to help us advocate for you.

What Will You Do For Me?

At Pashler & Devereaux, helping you and your family will be our highest priority. As a small law firm, we will bring several important qualities to your case. If you retain us, we will do the following:

  • We will begin by reviewing or helping you complete all necessary forms.
  • We will help our clients develop the medical evidence for record. 
  • We will always be available to answer your important questions and provide you with the most up-to-date information about your case.
  • We will help prepare you for your hearing before an administrative law judge.
  • We will be prepared to appeal your case to federal district court, if necessary.

Can I Contact You With My Questions?

Absolutely. If you are looking for advice and legal representation for your Social Security Disability claim, consider Pashler & Devereaux, a law firm of disability attorneys in Amherst dedicated to help you obtain the benefits you need. To make an appointment, call 716-874-1739 today or contact us now. A knowledgeable, expert disability attorney can make a major difference in the outcome of your claim.

Why you need to obtain medical treatment

Jul 25, 2024 | Social Security Disability

When you apply for Social Security Disability benefits, you will need to supply medical documentation of your disability. Receiving medical treatment for your disability is an important part of the process.

At Law Offices of Pashler & Devereaux​, we understand that obtaining medical treatment is not always easy. Many people go without treatment because they cannot afford it. Many people with mental illnesses may fail to obtain the necessary diagnosis of their condition, or may not follow through with treatment for cost or other reasons. Our lawyers offer a free initial consultation to discuss your medical treatment options. From our office in Amherst, we serve clients throughout western and upstate New York.

Obtaining Medical Treatment For Disability

It is important to have a doctor provide documentation that you were diagnosed with and obtained treatment for a disability. If you discontinued treatment or stopped taking medication, the Social Security Administration may believe you are healthy enough to no longer need disability benefits.

We know that applying for Social Security Disability is complicated and that obtaining proper medical treatment can be challenging. Our compassionate lawyers will do everything they can to help. We will sit down with you and explore all of your medical treatment options, including Medicaid.

We Are Ready To Help You With Your Social Security Disability

We will take the time to listen to you and give you the best advice we can. Our attorneys are committed to helping you obtain the disability benefits you deserve. Give us a call today at 716-874-1739 or contact us online to set up a free consultation.

Applying for social security disability benefits after age 50

Jul 25, 2024 | Social Security Disability

The Social Security Administration recognizes that older workers can find it more difficult to adjust to new types of work. As a result, you may qualify for disability benefits after you reach age 50 even if you did not qualify when you were younger.

The lawyers at Pashler & Devereaux have extensive experience helping older workers qualify for Social Security Disability benefits. From our law office in Amherst, we represent clients throughout western and upstate New York.

Older Workers Might Not Need To Adjust To Other Types Of Work

When you apply for Social Security Disability, you will be assessed on whether you can continue to do your line of work or learn another type of work. If you are over 50, you might not have to make the difficult transition to doing another type of work.

There are four types of functional capacity categories that are based on how much you can lift:

  • Sedentary: The job does not involve lifting more than 10 pounds.
  • Light: The job involves lifting more than 10 pounds and occasionally up to 20 pounds.
  • Medium: You are frequently required to lift 25 pounds and occasionally over 50 pounds.
  • Heavy: You frequently must lift over 50 pounds.

Older workers may qualify for Social Security Disability even if they can perform sedentary, light or medium work depending on their age, education level, work experience and other factors. The rules are complicated, and it’s important to seek the help of an experienced attorney.

Call A Social Security Disability Lawyer Today If You Need Help

Our attorneys will take the time to fully assess your condition and help you get the benefits you deserve. Give us a call today at 716-874-1739 or contact us online to set up a free initial consultation.

How an attorney can help you qualify for social security disability

Jul 25, 2024 | Social Security Disability

Applying for Social Security Disability is a long and complicated process. You may become frustrated with the paperwork and worried about how you are going to make ends meet, especially if your initial claim has been denied.

Our experienced attorneys can help. While obtaining Social Security Disability is never easy, our lawyers have a track record of helping qualified applicants obtain the benefits they need. Even if you have already been turned down for benefits, our lawyers can help you navigate the appeals process. From our office in Amherst, we represent clients throughout western and upstate New York.

How Can An Attorney Help Me With My Disability Claim?

  • We know the law. Social Security is a large body of law. Our attorneys understand the law and how judges have ruled in cases similar to yours.
  • We know the system. Having worked for the Social Security Administration, we know how to build the strongest possible case for you. We have been successful in helping hundreds of clients whose initial disability claims were turned down.
  • We advocate for you. Dealing with the Social Security Disability system alone can be overwhelming. We will deal with the legal and administrative issues so you can concentrate on your health.
  • We charge no fees unless we win. We charge a fee only if we help you obtain benefits.

Call Us Today To Get The Help You Deserve

There is never an added cost to discuss your case with an attorney at Pashler & Devereaux. Our lawyers will take the time to sit down with you and answer your questions. Give us a call today at 716-874-1739 or contact us online to set up a free consultation. From our law office in Amherst, we serve clients throughout western and upstate New York.