Criminal Defense
Defense: as former prosecutors, Richard and Kimberly Lerner apply a perspective from both sides of the aisle to their aggressive defense of people facing misdemeanor and felony charges.
DWI: our firm provides defense against driving while intoxicated (DWI) charges, including felony DWIs, and seeks outcomes such as dismissed charges and reduced sentencing.
Traffic Violations: we represent clients in all types of traffic related issues such as license violations, suspensions, and tickets.
Retirement and Social Security Disability
Disability Claims: Our firm assists public and private employees with retirement disability, social security disability, and workers' compensation claims.
New York State Disability & Retirement
For four decades, Mr. Lerner has helped public employees, such as police officers, court officers, and corrections officers file claims for New York State Retirement Disability. He specializes in applications and administrative appeals. Just the wording on an application can mean the difference between 50% and "three quarters". He is among the most successful lawyers in the State of New York in obtaining Disability Retirement Benefits. He has been instrumental in making case law and has won cases other attorneys have deemed unwinnable.
Qualifying for SSD benefits
To receive benefits, you must first prove that you are "insured". To be insured, you must have worked a sufficient number of years and paid sufficient social security taxes. Some individuals may receive benefits on another worker's account (widows, disabled adult children). You can find out if you are insured for social security disability or retirement by contacting the Social Security Administration.
If you are insured, then you must prove that you have a medical problem (physical, mental, or emotional) which has lasted or will last for at least twelve months and which prevents you from doing any job you have done in the past fifteen years, or any other job for which you are suited medically and vocationally. You must have a doctor who agrees with this and is treating you for your condition.
You may apply for Social Security Disability at any time, but benefits will only be awarded for a maximum period of one year prior to the date of your application. No benefits are ever given for the first five months of disability.
To receive Social Security Disability benefits you must be totally disabled. If you are working and earning more than $900/month for a prolonged period of time, Social Security will determine that you are not disabled for that period. However, Social Security does allow you to try to work for a short period; these work attempts may not affect your case.
The Social Security Disability process often takes more than a year before a favorable decision is made. If you have been out of work for eight months, and it appears that youw ill be out of work for over a year, consider filing your claim now.
Mr. Lerner knows what to expect from the SSD application process and keeps your case on course with the necessary steps.
In the event that your previous claim has been rejected, we can help you file an appeal but there are time limits, so don't wait to file for an appeal.
Private Disability Policies
In addition to SSD claims, Lerner & Lerner also helps workers apply for disability benefits through private insurance companies. If you have an employer-sponsored disability policy or an individual policy, we are prepared to assist you with your claim.
Workers compensation
If you are injured on the job, you are entitled to receive income from an employer’s insurance company for temporary and/or permanent disabilities. We file your claim for you and compile, manage, and present the evidence that workers’ compensation hearing boards and judges require as proof.
The Workers' Compensation law covers injuries and illnesses that are work related. The general statute of limitations is two years from the date of injury. However, there are many factors which may extend or even eliminate the necessity for filing within this period. Your call to our office will result in an experienced attorney's evaluation of your case. There are never any out of pocket attorney's fee with regard to our representation.
If you have been injured at work, acting quickly to meet deadlines is crucial. If you miss a deadline, your claim may be denied, but, if you work with our office, we keep things running as smoothly as possible for you, so you can focus on healing and returning to work.
Most claims go unpaid because they are not represented by counsel who know and understand how the workers compensation system works. Most claims go unpaid because the injured workers don't know their rights.
