As many members of the FDNY may be aware, the Social Security Administration provides disability benefits which can exceed $34,000 a year to a disabled worker and his or her family. These benefits are paid above any pension benefit that a member is entitled to. What many firefighters may not know is that

(1) the Social Security Administration will pay disability benefits to members who are out on sick leave even though they still receive a paycheck; and

(2) SSD benefits apply to disabilities whether or not they are job related. Members who sustain injuries or develop disabling conditions are entitled to Social Security benefits when they are unable to work for a year or more.

The Social Security Administration has disability standards which differ according to the individual applicant. These standards are related to age, education and vocational experience. A letter which may have been tailored for pension purposes or for another firefighter (with a similar condition), may actually be used to deny your claim under Social Security rules.

You do not have to use a lawyer, but you have a better chance of winning with legal representation. Furthermore, attorneys are not paid unless you are successful and the most they charge is 25% of the first payment you are due. An attorney will assist you with complex forms, develop your claim, prepare you for testimony and cross examine witnesses at your hearing. If you win early there are often no attorney fees due.

This information is not meant to cover every situation. It is a general statement of Social Security law and procedures and is not to be used as a substitute for specific legal advice from an attorney. If you believe that you are entitled to SSD benefits, or you have any questions, please call Phil Seelig or Robert Ungaro directly at 212-766-5500. Their law practice concentrates on helping disabled people through the Social Security system.