Written by:
Linda Cosme-Vice President of DIsability Policy & Strategy, Citizen’s Disability
New York Social Security Disability Claims
Social Security Disability benefits are a critical resource for those unable to work due to medical conditions. Unfortunately, applying for these benefits can be a long and complex process. Having experienced legal representation on your side, like a New York Social Security Disability lawyer or advocate at Disability Advice, can be the difference between an approval and a lengthy appeals process.
Understanding Social Security Disability Benefits
Two Social Security benefit programs are available to people with disabilities that prevent them from working.
Social Security Disability Insurance (SSDI)
Social Security Disability Insurance, or SSDI, is a disability benefit available to those with qualifying work histories who have disabling conditions that prevent them from working. To receive SSDI, you must have a disability that limits your ability to work and have accrued enough work credits to be eligible for the program. The number of work credits you need depends on the age you were when you became disabled.
SSDI benefits are based on your highest 35 years of earnings. If you have fewer than 35 years of work history, your payments are based on your lifetime average earnings.
Supplemental Security Income (SSI)
Supplemental Security Income, or SSI, is a disability benefit available to low-income disabled people regardless of work history. Many SSI recipients have lifelong disabilities and have never been able to work, so they have never accrued work credits to qualify for SSDI.
To qualify for SSI, you must have little to no household income and assets. In general, people who earn less than $2,019 per month qualify. Eligibility varies depending on the size of your family, whether anyone in your household works, and other factors.
Common Challenges in Securing SSDI Benefits
Obtaining SSDI benefits is a difficult process. Common obstacles SSDI applicants face while applying for benefits include:
- High initial denial rates: Roughly two-thirds of all initial SSDI applications are denied. Working with a disability attorney to submit your application can help you minimize the likelihood of making mistakes or missing requirements.
- Complex medical evidence requirements: The SSA requires a complete medical record proving your disability and its impact on your life. Collecting and compiling records from all your providers can be difficult, and missing records are a common reason for denial. A disability advocate can help you gather your medical records and organize them for SSA review.
- Strict deadlines: If your SSDI application is denied, there are several deadlines to keep track of as your application moves through the appeal process. In particular, after receiving a denial, you have 60 days from the denial date to appeal the decision and move to the next stage of the process. Missing this deadline means you must start over with a new application. An attorney can help you track deadlines and comply with critical time limits.
Maximize Your Chances of Securing SSDI Benefits
The application process for SSDI benefits can be difficult to navigate, but there are steps you can take to make things easier for yourself.
Apply as Soon as You Become Disabled
Many people don’t file for SSDI benefits after becoming disabled. This usually happens because people decide to wait and see how their condition develops and whether it will prevent them from working forever. However, it’s important to file for SSDI benefits immediately after becoming disabled.
The SSDI application process is long and difficult, and the wait to be approved for benefits after multiple rounds of appeal can be grueling. Do not wait until you’re out of money and in desperate need of benefits to file for SSDI. The sooner you file, the less time you’ll spend waiting and going back and forth with the SSA.
You can apply for SSDI benefits online, by phone at 1-800-772-1213, or in person at your local SSA office. The SSA operates many offices in New York State, including borough-specific offices in New York City. You can locate your nearest office using your zip code on the SSA’s field office locator.
Work With a Disability Attorney or Client Advocate
Handling the SSDI application process alone can be a difficult undertaking, especially while managing a disability. Working with experienced professionals like the team at Disability Advice can help you maximize the chances of approval.
Delays can’t always be predicted, and approval isn’t guaranteed. However, having a New York Social Security Disability attorney who’s worked extensively with the SSA and knows the application process can significantly improve the chances of approval for SSDI applicants in New York.
An SSDI attorney can help you through the application process by:
- Navigating complex regulations: A knowledgeable disability attorney can interpret and apply federal regulations to strengthen your case.
- Filing an accurate application: Your lawyer will ensure your documentation is correct, complete, and submitted on time. This can include tasks such as helping you file under the correct disability listing and making sure your medical records are accurate.
- Representing you in the appeals process: The appeals process often results in a hearing before an administrative law judge, or ALJ. Having an attorney to represent you at your ALJ hearing rather than having to appear alone can make a significant difference in the strength of your case. Your attorney can help you secure expert witnesses and make a compelling case to the judge.
Frequently Asked Questions (FAQs)
Common questions we receive about SSDI benefits include the following:
What Medical Conditions Qualify for SSDI Benefits?
There are a wide number of conditions that qualify for SSDI benefits. The SSA maintains a list of all qualifying conditions called the Blue Book. However, if your symptoms don’t match a specific Blue Book listing, you may still be able to get benefits. The SSA will complete an assessment of your symptoms and their impact on your life to determine whether you qualify without a listed condition.
How Long Does the SSDI Application Process Take?
There is no definitive answer for how long it takes to get SSDI benefits. Submitting the application can take from a few hours to a few days while you gather evidence. After applying, expect to wait a minimum of three to six months to receive a decision on your initial application. Most applications are denied, kicking off a months-long reconsideration and appeals process. An attorney can help you handle the SSDI application and appeal process.
What Should I Do if My SSDI Application Is Denied?
If your SSDI application is denied, you have 60 days to appeal the decision. After you file for appeal, your application will enter the reconsideration process, which typically takes four to six months. Consider consulting with a New York Social Security Disability lawyer for help.
Can I Work While Receiving SSDI Benefits?
Yes, you can work while receiving SSDI benefits. However, your income must fall within the substantial gainful activity limit, meaning your income cannot exceed $1,620 per month or $2,700 per month if you are blind.
How Does My Age Affect My Eligibility for SSDI Benefits?
SSDI eligibility requires a certain number of work credits you’ve accrued over time. The longer your working career, the more likely you will have earned enough work credits to qualify for SSDI. A disability advocate can help you examine your work history to determine whether you have enough work credits.
How We Can Help
Don’t wait to apply for SSDI benefits. If you are a resident of the Empire State and can no longer work due to a disabling condition, a New York Social Security Disability attorney or advocate can help you get the benefits you need. Let Disability Advice assist you with the SSDI claims process to give you the best chance of approval and provide you with a strong advocate for an appeal if necessary. Fill out our contact form today for your free legal consultation.
- Free case evaluation
- Assist with denied claims
- Ensure you have all documents
- Make the process easy for you
Written by:
Linda Cosme-Vice President of DIsability Policy & Strategy, Citizen’s Disability
“Professionalism at its best. From intake to getting my claim started, they are the ones you need. 100% recommend to everyone.”
Pablo P.
“Having never gone through this process before, it was very easy and straightforward. VERY professional and polite.”
Alan A.
“I had a great experience with my representative. She was very friendly and she made the process very easy. I’m glad I had the pleasure to work with her in filing my claim. She provided great customer service.”
Dana C.
“I was very nervous about reaching out for help with disability benefits. This experience was so much easier than what I thought it would be. They were understanding and supportive, and answered all of my questions. I would highly recommend them.”
Alice P.
“One of the best customer service experiences I have ever had. Patient and kind and couldn’t of made my experience better. Thank you for all the help.”
Jama M.
“I was very pleased and impressed by the advocate. I feel that my chances of receiving my disability benefits are more likely to come in a timely manner.”
Danny C.
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“Professionalism at its best. From intake to getting my claim started, they are the ones you need. 100% recommend to everyone.”
Pablo P.
“Having never gone through this process before, it was very easy and straightforward. VERY professional and polite.”
Alan A.
“I had a great experience with my representative. She was very friendly and she made the process very easy. I’m glad I had the pleasure to work with her in filing my claim. She provided great customer service.”
Dana C.
“I was very nervous about reaching out for help with disability benefits. This experience was so much easier than what I thought it would be. They were understanding and supportive, and answered all of my questions. I would highly recommend them.”
Alice P.
“One of the best customer service experiences I have ever had. Patient and kind and couldn’t of made my experience better. Thank you for all the help.”
Jama M.
“The person I spoke with was very knowledgeable and very thorough with answering all of my questions and making sure all my information was correct. He was very patient, kind, and was very helpful. I wasn’t sure if I would qualify, and he checked and took all of my information. The process was made very easy, thank you so much for your help.”
Patrice I.