Frequently Asked Questions

At Hiller Comerford Injury & Disability Law, we represent clients in a wide range of legal matters, including personal injury, Social Security disability, veterans benefits, workplace injuries, and insurance disputes. We also provide guidance on elder law, family law matters, and other civil claims depending on your individual circumstances. Every case is carefully reviewed to determine the most effective strategy for protecting your rights and achieving the best possible outcome.

While it is possible to pursue some claims on your own, having an experienced attorney from Hiller Comerford Injury & Disability Law significantly improves your chances of success. Our attorneys provide guidance on filing requirements, deadlines, evidence collection, and legal strategy. We handle negotiations with insurance companies, opposing counsel, and government agencies, ensuring your interests are fully protected throughout the process.

For personal injury and disability claims, Hiller Comerford Injury & Disability Law works on a contingency basis, which means you pay no fees unless we secure a recovery for you. For other types of cases, we may structure fees as flat rates, hourly rates, or a hybrid arrangement, depending on the complexity of the matter. We provide clear, transparent agreements upfront so you understand all potential costs and obligations.

The timeline depends on the type and complexity of the case. Simple claims may resolve within a few months, while more complex matters involving multiple parties, appeals, or government agencies can take longer. At Hiller Comerford Injury & Disability Law, we actively manage deadlines, evidence, and communications to minimize delays and keep you informed every step of the way.

Taking prompt action can be critical to your case. Seek medical attention if needed, preserve evidence such as photographs, documents, and witness information, and avoid making statements to insurance adjusters or other parties that could affect your claim. Contacting Hiller Comerford Injury & Disability Law early allows our attorneys to guide you through the process, preserve critical evidence, and start building a strong case immediately.

Yes. For example, if you are injured in a car accident, you may be eligible to file a personal injury claim against the at-fault driver, pursue workers’ compensation benefits if the injury occurred at work, and apply for Social Security disability if the injury prevents long-term employment. Our attorneys review all potential avenues for recovery to ensure you receive every benefit and compensation you are entitled to.

If liability is disputed, success depends on evidence. At Hiller Comerford Injury & Disability Law, we meticulously gather accident reports, medical records, witness statements, expert testimony, and other documentation. We may reconstruct events when necessary and present a persuasive case, whether through negotiation, mediation, or trial.

At Hiller Comerford Injury & Disability Law, we combine personalized attention with extensive legal experience across multiple practice areas. We focus on clear communication, meticulous case preparation, and aggressive advocacy to maximize results. Clients benefit from our experience navigating complex legal systems, whether in court, before government agencies, or during negotiations. We operate on a contingency basis, meaning you pay nothing unless we secure a recovery.

Hiller Comerford Injury & Disability Law serves clients throughout western, central, and upstate New York, including the Finger Lakes region. We handle cases in cities like Buffalo, Rochester, Syracuse, and surrounding communities, as well as Erie, Monroe, Onondaga, and other nearby counties.

The Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs are both run by the Social Security Administration (SSA). SSDI provides benefits to people who are unable to work because of their disabilities. To be eligible, applicants must have a qualifying work history and be disabled or blind. SSI is a needs-based program. To be eligible for SSI, applicants must have limited income and resources and be aged, disabled, or blind.

The SSA maintains a detailed “Listing of Impairments,” which includes physical and mental disorders that are automatically considered disabling if the medical criteria are met. These include, but are not limited to, conditions affecting the musculoskeletal system, cardiovascular system, respiratory system, nervous system, mental health disorders such as depression or schizophrenia, and certain cancers or organ failures. Even if your condition is not explicitly listed, you may still qualify if your combination of impairments and functional limitations prevents you from sustaining any meaningful work.

Many people have misconceptions about what it means to have a disability, as far as the Social Security Administration is concerned. Social Security employs a five-step process to determine if you are “disabled” under its rules:

1. Are you engaged in substantial gainful activity?
If you are working full-time or earning more than $1000.00 per month, you are not entitled to Social Security disability or SSI benefits, no matter how severe your condition is.

2. Do you have a medically severe impairment?
This step requires that your disability be caused by a medically determinable impairment, and not by other causes, such as a poor job market, discrimination, lack of transportation, or other non-medical reasons.

3. Does your condition meet or equal a listed impairment?
Social Security has a list of medical conditions that can be disabling. If you have a condition on the list, and your condition meets the criteria of the listing, or if you have a condition equal in severity to a listed impairment, you are automatically eligible for Social Security disability benefits.

4. Are you able to perform your past relevant work?
If your condition does not meet or equal the criteria of a listed impairment, you can still qualify for Social Security disability benefits. At step four, you must prove you are unable to perform any work that you have performed during the past 15 years. If you can perform your past relevant work, you are not eligible for benefits. However, even if you prove you cannot perform your past work, you are not necessarily eligible for benefits. You must also qualify under step five.

5. Are there any other jobs that exist in significant numbers that you can perform?
This is the most complicated step, and the step where most cases get decided. Under Social Security’s rules, you bear the burden of proving that no other jobs in significant numbers exist that you can perform. If you prove this, you are eligible for benefits. If not, you will be found not disabled.

Our attorneys, working with your doctor, will help you determine whether you have a claim for disability insurance or SSI benefits. Contact us to learn more about your options.

Before you can qualify for any type of SSD benefits, we will need to show that you have a total disability — that is, that you are completely unable to work. There are two ways you can demonstrate total disability to the Social Security Administration (SSA).

1. Meet the criteria for a listed impairment. If we can show that you have one of these specific medical conditions at a certain level of severity, you will be considered totally disabled from working. This is based on the medical evidence that has been built up over the years regarding certain specific types of disability.

2. Show that your functional limitations keep you from working. Your medical condition may make it so you are unable to do certain things, like lift more than X pounds or concentrate for more than Y minutes. If we can prove those limitations and prove that they prevent you from doing a job, you will be considered totally disabled.

Our attorneys are not in the habit of putting all our eggs in one basket. We will collect all available evidence in support of either of these pathways toward showing that you are totally disabled, and we will present both sets of arguments to the SSA if applicable.

Evidence of total disability is largely established through medical records and doctors’ opinions. Our firm will work with your doctor to make sure your records are complete, providing as much support as possible for your disability claim.

In many cases, it is necessary to show that a combination of several limitations prevents you from working. Our attorneys will document every relevant factor in your case. Don’t hesitate to contact us to discuss what we can do to gather evidence in support of your claim.

If you do not have adequate medical coverage from any other source, a successful claim for Social Security disability benefits will also make you eligible for health care benefits. The coverage you get depends on which type of disability benefits you qualify for.

• Social Security disability (SSD) insurance: If you are found eligible for disability benefits through SSD, you will become eligible for Medicare after you have been disabled for 30 months. Depending on your income, you could be eligible for Medicaid during the 30-month waiting period and thereafter.
• Supplemental Security Income (SSI): If you are found eligible for disability benefits through SSI, you will also be eligible for Medicaid coverage.

Our attorneys will explain how you can go about applying for health care benefits if and when your disability claim turns out to be successful. We will make sure you get the medical coverage you legally deserve as early as possible.

The Social Security Administration (SSA) says that you must not be able to perform “substantial gainful activity,” which means the type of activity a person normally does for pay or profit. If your monthly earnings are below a certain amount (which SSA sets every year), however, you will not be considered to be performing substantial gainful activity. If you are receiving disability benefits but wish to try working, you can take part in nine months’ worth of a work trial period, during which SSA will not stop your benefits if you are still disabled.

Residual Functional Capacity (RFC) is an assessment used by the Social Security Administration (SSA) to determine the most work you can still do despite your disability. The SSA evaluates your physical abilities (like lifting, standing, walking) and mental abilities (like concentrating, remembering, and interacting with others) based on your medical records, doctors’ opinions, and other evidence. RFC is important because it helps the SSA decide whether you can return to your past work or perform other jobs in the national economy. Essentially, it determines if your limitations prevent you from sustaining gainful employment, which is a key factor in qualifying for SSD or SSI benefits.

When an applicant has more than one medical condition, the SSA considers the combined effect of all impairments, even if each condition alone is not disabling. This means that two or more moderate conditions might together make it impossible for you to work, and SSA will evaluate how they interact to impact your ability to perform substantial gainful activity. SSA looks at the severity, duration, and functional limitations of each condition and uses them collectively to determine eligibility for SSD or SSI benefits.

One major reason why people apply for disability benefits is to get access to medical coverage. Until you succeed at obtaining benefits, you may need to rely on other options. Some of the most common sources of payment for medical treatment are:

• Private health insurance: If you have access to insurance through a spouse or parent, or if you have purchased continuing COBRA coverage after leaving your job, you should contact your insurer to find out what they will cover.
• Medicaid: If you are eligible for public assistance, you may be able to enroll in New York’s Medicaid program and obtain medical coverage that way.
• Workers’ compensation: If your disability is the result of a workplace accident or occupational illness, you may be entitled to medical treatment through workers’ compensation.
• Out-of-pocket payment: Some doctors may allow you to pay for medical treatment on a deferred or installment-based payment plan.

You need to make the most of your doctors’ visits by talking to a lawyer to determine what information you will need for your SSD or SSI application. Our attorneys are experienced at working with clients’ doctors to obtain the medical evidence required to prove you are disabled.

Before attempting to work while applying for Social Security Disability (SSD) or SSI benefits, consult your doctor. If working could harm your health, follow their advice.

If your doctor approves, working can sometimes help your claim. Successfully holding a job may provide more income, and you could still qualify for SSD benefits during time off work or under the SSA’s nine-month Trial Work period. If you try but cannot keep working, that effort may actually strengthen your case by showing you are unable to sustain employment.

Every situation is different, so it’s best to consult an attorney at Hiller Comerford Injury & Disability Law for guidance before deciding.

Workers’ compensation benefits may reduce your Social Security Disability benefits, but you can receive them at the same time. If the total benefits exceed 80 percent of your average current earnings, your Social Security Disability benefit will be reduced.

If your application is denied, you have the right to appeal the decision. The appeals process typically begins with a reconsideration of your claim, followed by a hearing before an administrative law judge (ALJ), and then a review by the Appeals Council. If your claim is still denied, you may pursue federal court appeals, which allow you to challenge the SSA’s decision in a federal district court. Each stage of appeal has strict filing deadlines, and the guidance of an experienced attorney can be crucial in presenting the strongest case possible and navigating the complexities of federal court appeals.

At Hiller Comerford Injury & Disability Law, we are dedicated to making our legal services for Social Security disability clients affordable by limiting our fees to a percentage of past due benefits. If your claim is approved, you should receive two types of benefits.

• Past due benefits are the benefits you are owed for the months that you waited to obtain a favorable decision. This may include benefits for time periods when you tried to work.
• Monthly benefits will continue to be paid to you every month after your claim is approved until you start receiving Social Security retirement benefits, or if your medical condition improves. We never collect a fee out of your future benefits.

The fee for all of our services is 25 percent of your past due benefits. Once we are paid that amount, we will not charge a fee on any of your monthly benefits going forward. The full amount of those payments will be yours to keep.

Yes. Social Security provides benefits for children, surviving spouses, and certain older adults. Children of a disabled or deceased worker may qualify if under 18, up to 19 in high school, or if they became disabled before age 22. Surviving spouses can receive widow or widower benefits starting at age 60, or at 50 if disabled. Some programs also support older adults who lack sufficient work credits. Eligibility depends on age, disability status, family relationship, and the worker’s record. At Hiller Comerford Injury & Disability Law, we help clients navigate these rules, gather necessary documentation, and ensure all eligible benefits are claimed.

Veterans who were injured or became ill while on active duty in the U.S. armed forces are eligible for veterans disability benefits. Veterans who had pre-existing injuries or illnesses that were worsened by military service are also covered. Some conditions may be connected to military service even if they did not appear during service or were not disabling until after service ended.

Conditions that were incurred or aggravated while serving on active duty in the military are eligible for VA benefits. These may include post-traumatic stress disorder (PTSD), exposure to toxic chemicals such as Agent Orange, amputations, and traumatic brain injuries. Many other injuries and illnesses can also qualify veterans for benefits.

Yes. Even if a condition is diagnosed years after leaving the military, it can be considered service-connected if you can show it was caused or worsened by your military service. Our attorneys help gather service records, medical documentation, and expert opinions to establish the connection. This includes secondary conditions that are a direct result of a service-connected disability, such as arthritis caused by a service-related knee injury.

Wartime veterans who have limited income and a permanent and total disability may be eligible for a monthly cash benefit. This pension benefit does not have to be service-connected.

Yes. If you have more than one service-connected condition, the VA uses a combined ratings formula to calculate your total compensation. This process can be complicated because ratings are not simply added together. Our law firm reviews all disabilities, ensures each condition is properly documented, and advocates for the highest accurate combined rating possible. We also handle disputes when the VA underestimates the combined impact of multiple conditions.

Yes. PTSD, depression, anxiety, and other mental health conditions caused or aggravated by service are eligible for VA disability benefits. Veterans must provide medical records and, if possible, supporting statements from family, colleagues, or therapists. Hiller Comerford Injury & Disability Law assists veterans in documenting symptoms, connecting them to service events, and presenting a compelling case to the VA. We also advise on additional benefits like special monthly compensation for severe psychiatric impairment.

The amount of compensation is determined by the severity of the claimant’s disability. Typically, medical records and a VA medical examination are used to establish a disability rating, which determines the amount of the monthly payment.

A surviving spouse, minor children, or parents may be able to obtain compensation when a veteran’s death is related to a service-connected disability or if the deceased veteran had a service-connected disability.

A VA disability rating is a percentage (0–100%) assigned based on the severity of your service-connected condition. It determines your monthly compensation and eligibility for additional VA benefits, including health care, vocational training, and adaptive housing. The VA uses medical evidence, functional limitations, and VA exams to assign this rating. Our attorneys help ensure your rating reflects the true impact of your disability, advocate for reevaluations if your condition worsens, and make sure you do not receive less than you deserve.

The Compensation & Pension (C&P) exam is a critical part of your claim. The examiner evaluates the severity of your condition, including functional limitations and daily life impact. Veterans often make mistakes by underreporting symptoms or not providing complete information. Our attorneys prepare you for the exam, explain what to expect, and advise on how to describe your limitations accurately. We also follow up to ensure that the examiner’s report fully supports your claim.

Veterans can file for an increased disability rating if their condition worsens. The VA may conduct a new Compensation & Pension (C&P) exam to assess current severity. Our attorneys help veterans collect updated medical evidence, prepare for the exam, and submit a Supplemental Claim for increased benefits. We ensure that your worsening condition is accurately reflected in your rating, so you receive the benefits you deserve.

To apply, veterans must submit a claim through the VA, either online via eBenefits, by mail, or in person at a VA regional office. Your application must include evidence of your service, medical records showing your disability, and any documentation linking the condition to your service. Our attorneys at Hiller Comerford Injury & Disability Law review all evidence, help gather missing records, and ensure your claim is complete before submission. This reduces delays and increases the likelihood of approval. We also guide veterans through the often complex forms and medical exams required by the VA.

Processing times vary widely. Simple claims may be resolved in a few months, but complex claims, claims with multiple disabilities, or appeals can take a year or more. Missing medical records or unclear evidence can significantly delay the process. Hiller Comerford Injury & Disability Law helps veterans prepare complete claims, track deadlines, and communicate with the VA to prevent unnecessary delays. Our firm also assists with expedited claims for veterans with severe disabilities or terminal conditions.

If your initial application for VA disability benefits is denied or if you disagree with your disability rating, you have the right to appeal. You also have the right to have an attorney represent you during an appeal. If your appeal is denied, you may file a second appeal with the United States Court of Appeals for Veterans Claims.

No, veterans can submit claims without legal representation. However, an experienced VA disability attorney can dramatically improve your chances of success and ensure your rating accurately reflects your limitations. At Hiller Comerford Injury & Disability Law, we handle every step of the process, from gathering evidence to filing appeals. We work on a contingency basis, meaning you pay no fees unless we secure benefits for you. Veterans often find that having an attorney is especially helpful when dealing with complex claims, multiple conditions, or denied applications.

Yes. Unlike Social Security disability, VA benefits are not reduced by employment. However, your ability to work may affect your disability rating if the VA considers your functional limitations. Our attorneys help veterans ensure that their medical evidence fully documents the impact of their disability on daily life and work capacity. This ensures your rating accurately reflects your limitations, even if you maintain part-time or limited employment.

A personal injury occurs when an individual suffers physical, emotional, or financial harm as a result of another party’s negligence, recklessness, or intentional misconduct. Common examples include motor vehicle accidents, slip-and-fall incidents, medical malpractice, defective products, dog bites, and construction accidents. Unlike property damage claims, personal injury claims seek compensation for harm directly inflicted on a person, rather than their belongings. 

To prove negligence, a claimant must show four key elements: that the defendant owed a duty of care, that the defendant breached that duty, that the breach directly caused the injury, and that the claimant suffered measurable damages as a result. Establishing these elements often involves accident reports, witness statements, medical records, and expert testimony. Our personal injury lawyers can carefully gather and analyze all relevant evidence to show how each element applies, building a clear and persuasive case on your behalf.

Personal injury damages generally include both economic and non-economic compensation. Economic damages cover measurable financial losses such as medical bills, rehabilitation expenses, prescription costs, lost wages, and reduced earning capacity. Non-economic damages address intangible losses like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. In cases involving particularly reckless or intentional conduct, punitive damages may also be awarded to hold the responsible party accountable. 

New York follows a pure comparative negligence rule, which allows an injured party to recover damages even if they are partially at fault for the accident. However, any recovery is reduced by the claimant’s proportion of fault. For instance, if a jury determines you were 30% responsible and your damages total $100,000, you would recover $70,000. Our personal injury law firm works diligently to minimize your assigned fault by investigating the circumstances of the accident and presenting evidence that challenges the opposing party’s claims.

Taking prompt and strategic steps following an injury is critical. Seeking medical attention ensures both your health and the proper documentation of injuries. Gathering evidence such as photographs, videos, and witness contact information can strengthen your claim. Avoid making statements to the other party or insurance adjusters that might imply fault, and contact an experienced attorney as soon as possible. Early legal involvement allows us to preserve evidence, interview witnesses, and begin constructing a strong case immediately.

Yes. New York law allows claimants to recover compensation for the aggravation of pre-existing conditions. Even if your injury would have caused only minor harm otherwise, you can be entitled to damages for the additional harm caused by the incident. At Hiller Comerford, we work closely with medical experts to distinguish between baseline conditions and new injuries, ensuring that the full extent of your harm is recognized and quantified.

Deadlines, or statutes of limitations, vary depending on the type of personal injury. Generally, most personal injury claims must be filed within three years from the date of the accident. Medical malpractice claims typically have a two-year limit, which may extend to two-and-a-half years if the injury was discovered later. Claims against government entities often require a notice of claim within 90 days and a lawsuit within one year. Missing these deadlines can permanently bar recovery, which is why our attorneys prioritize timely and thorough filings.

Insurance coverage often dictates the potential recovery in a personal injury case. Liability insurance from an at-fault driver is usually the primary source of compensation for motor vehicle accidents. If the responsible party lacks coverage, uninsured or underinsured motorist coverage may provide protection. Personal or homeowner insurance can also cover incidents such as slip-and-fall injuries or dog bites. Our attorneys negotiate with insurance companies to ensure policy limits are honored and that claimants receive full and fair compensation.

When a defendant denies fault, it may be necessary to rely on detailed evidence such as accident reconstruction reports, medical documentation, and witness testimony to establish liability. Our firm prepares every case comprehensively, ensuring that the chain of causation and the defendant’s negligence are clearly demonstrated, whether through negotiation or trial.

Many personal injury claims are resolved through settlement negotiations, but litigation is sometimes required, particularly if the defendant disputes liability or insurance undervalues damages. At Hiller Comerford, we prepare each case as though it will go to trial, ensuring that all evidence is meticulously organized and that our clients are fully informed and prepared at every stage of the process.

Yes, in many states you can still file a personal injury claim even if you are partially at fault, but how your fault affects recovery depends on the state’s laws. In New York, which follows a pure comparative negligence system, your damages are reduced in proportion to your percentage of fault. In other states, some follow modified comparative negligence rules, where you can only recover if your fault is below a certain threshold (often 50% or 51%), while others use contributory negligence rules, which may bar recovery entirely if you are found even slightly at fault. 

Pain and suffering is a non-economic damage that reflects both physical discomfort and emotional distress caused by the injury. Its calculation considers factors such as the severity and duration of the injury, the medical treatment required, the impact on daily life, and the long-term effects. We compile comprehensive documentation, including medical records, therapy notes, and personal accounts, to support a fair evaluation of your suffering.

Yes. Emotional injuries like PTSD, anxiety, or depression caused by the accident may be compensable. Proper documentation from mental health professionals is crucial to establishing the extent of these injuries. Our attorneys coordinate with psychologists, psychiatrists, and counselors to ensure that your emotional and psychological harm is accurately reflected in your claim.

The timeline varies depending on the case’s complexity. Simple claims may resolve within six to twelve months, while more complex cases involving multiple parties, severe injuries, or medical malpractice can take several years. At Hiller Comerford Injury & Disability Law, we actively manage deadlines, track evidence, and communicate with all parties to minimize unnecessary delays while pursuing the best possible outcome.

Insurance companies aim to minimize payouts, and navigating the legal system alone can lead to undercompensation. At Hiller Comerford Injury & Disability Law, our attorneys handle every aspect of your claim, including evidence collection, expert consultations, negotiations, and litigation if necessary. We ensure that your damages are fully documented, protect your rights throughout the process, and pursue maximum compensation on a contingency basis, meaning you pay no fees unless we secure a recovery on your behalf. Hiring an experienced attorney significantly increases your chances of obtaining a fair settlement or winning at trial.