Social Security Disability Advocates in New Mexico

If you or a loved one is struggling with a disability, you may be eligible for Social Security Disability (SSD) benefits. However, navigating the complex process of applying for these benefits can be overwhelming and stressful, especially when you are dealing with a disability.

Binder & Binder® is a reputable law firm with experienced advocates for Social Security disability in New Mexico. Since 1975, we have been helping individuals throughout the United States obtain the benefits they rightfully deserve. Our winning approach is taking your case right from the start and addressing the challenges we are familiar with. We know where the pitfalls are buried, and we know how to avoid them.

What Is SSD?

Social Security Disability Insurance (SSDI), or simply SSD as we call it in our law office, is a program administered by the Social Security Administration (SSA) that provides monthly payments to individuals who are unable to work due to a disability. In addition to disability, other factors are considered when determining eligibility.

You should not mistake SSD for SSI or Supplemental Security Income. The main difference between the two is that SSDI is funded by Social Security taxes, while general tax revenues fund SSI. In short, you must have worked and paid into Social Security to be eligible for SSDI benefits. On the other hand, SSI is a need-based program for individuals with limited income and resources.

You can receive both benefits as long as you meet the eligibility criteria for both programs. Our Social Security advocate in New Mexico can evaluate your case and determine which program is best suited for your situation.

How to Qualify for Disability in New Mexico?

To qualify for SSD benefits in New Mexico, you must meet the following criteria:

• Medical Condition. You must have a physical or mental impairment that prevents you from engaging in substantial gainful activity (SGA). SGA means earning a certain amount of money from work each month. Your medical condition must also meet the criteria set by the SSA’s Listing of Impairments or be deemed equal in severity.
• Duration of Disability. Your disability must have lasted, or is expected to last, for at least 12 continuous months.
• Work Credits. You must have worked and paid Social Security taxes for a certain number of years to earn enough work credits. The number of work credits needed depends on your age when you became disabled.
• Non-Medical Condition. Other factors they consider include your age, which must be over 18 and under the full retirement age (66 to 67), dependents, and whether you have any other sources of income.

How to Apply for Social Security Disability in New Mexico?

Step 1: Gather Required Documents

Before applying for SSD benefits, it is essential to gather all the necessary documents to support your case. These may include:

• Medical records and doctor’s statements
• Work history and earnings records
• Birth certificate or proof of citizenship
• Marriage and divorce certificates (if applicable)
• If applicable, military discharge paper (s) if you had military service before 1968
• W-2 forms(s) and/or self-employment tax returns for last year

Step 2: Submit an Application

You can apply for SSD benefits in three ways:

• Online Application. You can complete the entire application process online through the SSA website.
• Phone Call. To apply over the phone, call the SSA’s toll-free number at 1-800-772-1213 to schedule an appointment.
• In-Person. You can also visit your local Social Security office to complete an application in person. Enter your ZIP code here to find a field office near you.

Step 3: Attend Medical Evaluation (If Necessary)

The SSA may require you to undergo a medical examination to verify your disability. This exam is usually paid for by the SSA, and they will schedule it for you. This is usually required if you have insufficient medical evidence.

Step 4: Wait for a Decision

It may take six to eight months for the SSA to process your application and make a decision. If your claim is approved, you will receive a Notice of Award letter outlining the number of benefits you are entitled to.

If your claim is denied, you have the right to appeal the decision. Many initial applications are rejected due to insufficient evidence or technical errors.

Step 5: Appeal (If Necessary)

There are four levels of appeal:

• Reconsideration. You can ask the SSA to review your case again.
• Hearing. If your reconsideration is denied, you can request a hearing with an administrative law judge (ALJ), who will evaluate your case and make a decision.
• Appeals Council Review. You can ask the Social Security Appeals Council to review your claim if the ALJ denies it.
• Federal Court Review. If all else fails, you can file a lawsuit in federal district court.

How Much Are Most Disability Checks?

As of 2024, the maximum SSDI benefit for an individual is $3,822 per month, and the average amount depends on the state. In New Mexico, the average monthly benefit is $1,398.19. This amount may increase annually based on the Cost-of-Living Adjustment (COLA).

Some factors that affect how much you can get are:

• The number of years you have worked and paid into Social Security
• Your average lifetime earnings
• The age at which you became disabled

How Is SSDI Calculated?

To calculate your SSDI benefits, the SSA uses a complex formula that considers your average lifetime earnings and the amount of Social Security taxes you have paid. This formula is known as the Primary Insurance Amount (PIA). The PIA is then adjusted to determine your monthly benefit amount.

It’s important to note that there are also maximum and minimum limits on how much you can receive in disability benefits. These limits are based on the state where you live and may vary from year to year.

To find an estimated amount you can receive, create a mySocialSecurity account and access their benefit calculator.

What Mental Illnesses Qualify for Disability?

Mental illnesses are considered the same as physical disabilities when it comes to qualifying for SSD benefits. Some common mental disorders that may qualify for disability include:

• Anxiety disorders, such as generalized anxiety disorder, panic disorder, and obsessive-compulsive disorder (OCD).
• Mood disorders, including depression, bipolar disorder, and seasonal affective disorder (SAD).
• Schizophrenia Spectrum Disorders, including schizophrenia and schizoaffective disorder.
• Post-traumatic stress disorder (PTSD)

Refer to the SSA’s Listing of Impairments to learn more about their approved conditions.

Should I Hire Disability Advocates in New Mexico?

Hiring a disability advocate can significantly increase your chances of being approved for SSD benefits. Here are the benefits of hiring one:

• Expertise and Knowledge. Advocates for Social Security disability in New Mexico are well-versed in Social Security laws and regulations, making them knowledgeable about the application process and the criteria for approval.
• Handling Paperwork. The application process can be overwhelming, with numerous forms and paperwork to fill out. Disability advocates can assist you in completing these documents accurately and efficiently.
• Representation at Hearings. If your claim is denied, a disability advocate can represent you at the hearing level, which can greatly increase your chances of a favorable decision.
• They Work on a Contingency Basis. Disability advocates typically work on a contingency basis, meaning they only get paid if you win your case and receive benefits.
• Free Initial Consultation. Many disability advocates offer free initial consultations to review your case and determine the best course of action for your situation.

Binder & Binder®: Your Disability Claim Experts in New Mexico

While hiring SSD advocates is not necessary and you can appeal if your claim is denied, hiring one can save you time and hassle. At Binder & Binder®, we have over 40 years of experience helping thousands of persons with disabilities win their SSD benefits. Throughout those years, we have heard the same stories from our clients: they applied, waited for months without any updates, and eventually got denied. We don’t want you to go through the same thing.

Our team of experienced disability attorneys and advocates is here to help you navigate the complicated process of applying for SSD benefits in New Mexico. Contact us today for a free consultation, and let us fight for your rights to get the benefits you deserve!