Apply For Disability NY – Social Security and SSI

by ECL Writer
SSI Application NY

Living with a disability can be challenging, both physically and financially. Fortunately, there are resources available to help individuals with disabilities in New York. One such resource is the Disability Benefits program offered by the New York State government. This program provides financial assistance to individuals who are unable to work due to a disability, helping them to meet their basic needs and maintain their quality of life. In this article, Eastcoastlaws.com will explore the Disability Benefits program in New York, including who is eligible, how to apply, and what benefits are available. We will also provide tips on how to navigate the application process and ensure that your rights are protected. By understanding your options and taking advantage of available resources, you can better manage your disability and secure the support you need to live a fulfilling life.

There are variations in New York State’s SSI approval rates and monthly payment levels. Here are some answers to queries you could have, regardless of whether you’ve already filed a disability claim in New York or are getting ready to do so with Social Security and reside in New York.

What Is Social Security Disability Insurance?

Social Security Disability Insurance (SSDI) is a federal program that provides financial assistance to individuals with disabilities who are unable to work. To qualify for SSDI, an individual must have a disability that meets the Social Security Administration’s definition of a disability and must have worked for a certain number of years, paying into the Social Security system through payroll taxes.

Once approved for SSDI, individuals receive monthly payments to help cover the costs of living expenses and medical care. The amount of the payment depends on the individual’s earnings history and the number of dependents they have. In addition to monthly payments, SSDI recipients may also be eligible for Medicare coverage after a certain period of time.

To apply for SSDI, individuals must submit an application to the Social Security Administration, along with supporting documentation of their disability and work history. The application process can be complex and may require the assistance of an experienced attorney to ensure that all necessary information is provided and the application is properly completed.

SSDI is an important resource for individuals with disabilities who are unable to work and need financial assistance to support themselves and their families. By understanding the program and its eligibility requirements, individuals can better navigate the application process and secure the benefits they need to live a fulfilling life despite their disability.

What Is Supplemental Security Income?

Supplemental Security Income (SSI) is a federal program that provides financial assistance to individuals with limited income and resources who are disabled, blind, or over the age of 65. Unlike Social Security Disability Insurance (SSDI), which is based on an individual’s work history and contributions to the Social Security system, SSI is based solely on financial need.

To qualify for SSI, individuals must meet certain income and asset requirements, as well as the program’s disability criteria. They must have limited income from wages, pensions, or other sources, as well as limited resources, such as savings accounts or property. The amount of the monthly payment depends on an individual’s income and living arrangements, as well as any other sources of income they may have.

In addition to providing financial assistance, SSI recipients may also be eligible for Medicaid coverage, which can help cover the costs of medical care and prescription medications.

To apply for SSI, individuals must submit an application to the Social Security Administration, along with supporting documentation of their financial and medical status. The application process can be complex and may require the assistance of an experienced attorney to ensure that all necessary information is provided and the application is properly completed.

SSI is an important resource for individuals with limited income and resources who are disabled, blind, or over the age of 65. By understanding the program and its eligibility requirements, individuals can better navigate the application process and secure the benefits they need to live a fulfilling life despite their financial limitations.

Benefits

Social Security Disability Insurance pays benefits to you and certain members of your family if you are “insured,” meaning that you worked long enough and paid Social Security taxes.

  • The amount of your monthly benefit is based on your lifetime average earnings covered by Social Security.
  • Social Security Disability Insurance benefits are paid starting six months from the onset date of the disability, but no more than 12 months prior to application.
  • A claimant receives monthly benefits deposited directly into their bank account or on a SSA Direct Express Card.

Supplemental Security Income pays benefits based on financial need.

  • The amount of your monthly benefit is based on your income and resources.
  • SSI benefits also are payable to people 65 and older without disabilities who meet the financial limits.
  • Supplemental Security Income (SSI) benefits may be paid from the month of application
  • A claimant receives monthly benefits deposited directly into their bank account or on a SSA Direct Express Card.

How Do You Qualify For Disability In NY?

The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.

“Disability” under Social Security is based on your inability to work. We consider you disabled under Social Security rules if:

  • You cannot do work that you did before;
  • We decide that you cannot adjust to other work because of your medical condition(s); and
  • Your disability has lasted or is expected to last for at least one year or to result in death.

This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers’ compensation, insurance, savings and investments.

Visit SSA’s website to see how they decide if you are disabled.

What Are My Chances Of Approval For Disability In New York?

At every level of the process, New Yorkers have a marginally higher likelihood than other Americans of being approved for disability benefits. First disability application approval rates in New York were 37% in 2021 at the application stage. 15% of applicants were approved during the reconsideration phase.

In the 2021–2022 year, ALJs approved 58% of cases and denied 42% at the level of the appeal hearing. (At the same time period, just 51% of cases nationwide were allowed.)

Stage of ApplicationNew YorkNationally
Initial Application37%36%
Reconsideration Review15%13%
Appeal Hearing58%45%

The average wait time for a disability hearing in New York is 9 months, down from 19 months in 2020.

How Do I File A Disability Application In New York?

Refer to this step-by-step process to apply for disability benefits. You can save your application as you go.

  1. Check to see if you meet the requirements to apply online for disability
  2. Gather the information you need to complete the application
  3. Go To SSA Online Services
  4. Enter your information for your claim
  5. Submit your online application to the Federal Social Security Administration
  6. A disability analyst from the NYS Division of Disability Determinations will review your case and determine whether or not you are disabled according to federal guidelines.

Ready? Have with you:

  • Birth and citizenship information:
    • Permanent resident card number (If you are not a U.S. Citizen)
  • Marriage and divorce information:
    • Spouse(s) date of birth and SSN
  • Names and birth dates of children
  • U.S. Military Service information
  • Employment details for current year and prior 2 years
  • Bank information for direct deposit
  • Name and contact information for someone who can help you with your claim
  • Contact information for your doctors, hospitals and clinics:
    • Information on where additional medical records can be obtained such as vocational rehabilitation services, and workers’ compensation
    • Job History:
      • Date your medical condition began to affect your ability to work
      • Information on additional jobs you have had
    • Your education and training information

Download the checklist for the Online Adult Disability Application from the Social Security Administration’s website: http://www.socialsecurity.gov/hlp/radr/10/ovw001-checklist.pdf

Apply

You can file for disability by visiting a local field office, calling the Social Security call center, or by going online.

Local field office. There are 126 Social Security field offices in Social Security’s New York Region. To find the one nearest you, use Social Security’s field office locator.

Calling Social Security. You can call Social Security from 7 a.m. to 7 p.m., Monday through Friday, at 800-772-1213. Those who are deaf or hearing impaired can call 800-325-0778. You can speak to a representative or schedule an appointment to file a disability application by calling this number.

Applying online. If you’re filing for SSDI, you can complete the whole application online at www.ssa.gov/benefits/disability/.

How Do I Appeal A Denial In New York?

You must appeal if your claim for SSI or Social Security disability payments is rejected. In New York, the commencement of the appeals process now includes a new phase called reconsideration. You must now ask the Division of Disability Determinations (DDD), the stage agency in New York that handles disability applications, to reconsider its denial after receiving one.

You can ask for a hearing before an administrative law judge if you are denied in the reconsideration stage (ALJ).

How Much Is The New York State Supplement To SSI?

For those who receive SSI from the federal government, the state of New York provides an additional stipend. For instance, the federal government normally pays $841 per month for a single person living alone, with New York contributing an additional $87. Whether you reside in a nursing home, group home, or assisted living facility, if you live with others, whether you’re married, whether your spouse also receives SSI benefits, and how much income you have all affect the amount of the additional payment. The amount you receive from the state of New York may vary according to the county or borough in which you live.

Here’s a chart of the combined federal and state payment for a single person without any countable income.

Your Living SituationMonthly Payment
Living by yourself$1,001
Living with others and paying your own expenses$937
Living in someone else’s household and getting their help with expenses$632.34
Living with your spouse who also receives SSI$1,475
Living with your spouse who also receives SSI, and with others, and paying your own expenses$1,417
Living with your spouse who also receives SSI in someone else’s household and getting their help with expenses$960
Living in long-term health facility (State Supplemental Personal Needs Allowance)$25
Living in hospital (State Supplemental Personal Needs Allowance)$5

You apply for the supplemental payment through NY’s Office of Temporary and Disability Assistance (OTDA).

Common Issues And Challenges With Disability Claims

Applying for disability benefits can be a complex and challenging process, and many applicants face a number of issues and challenges during the application and appeals process. Some of the most common issues and challenges with disability claims include:

  • Meeting the definition of disability: One of the biggest challenges applicants face is meeting the Social Security Administration’s definition of disability. This definition requires that the applicant have a physical or mental impairment that is severe enough to prevent them from performing the substantial gainful activity and is expected to last at least 12 months or result in death.
  • Lack of medical evidence: Another common issue is a lack of medical evidence to support the applicant’s claim. Medical records are a critical piece of evidence in disability claims, and applicants who do not have a comprehensive medical history may struggle to demonstrate the severity of their condition.
  • Delays in the application process: The application process for disability benefits can be lengthy, with many applicants waiting months or even years for a decision. This delay can be frustrating, especially for applicants who are struggling financially and need the benefits to pay for medical expenses and living expenses.
  • Denial of benefits: Many disability claims are initially denied, requiring applicants to go through the appeals process. Denial of benefits can be devastating for applicants who are already struggling financially and emotionally due to their disability.
  • Difficulty navigating the appeals process: The appeals process for disability claims can be complex, with multiple levels of appeal and strict deadlines for filing appeals. Applicants who are not familiar with the process may struggle to navigate it successfully.

Navigating the disability claims process can be challenging, but with the help of an experienced attorney or advocate, applicants can increase their chances of success and secure the benefits they need to support themselves and their families.

Is There A Limit On Medical Record Fees In New York?

You should probably provide the SSA with your most recent medical records on your own. Medical practitioners are permitted to charge reasonable fees for medical records in New York (up to $0.75 per page). Yet, if you are unable to pay for medical records, your doctor cannot refuse to give them to you.

Who Can I Contact About My Disability Case In New York?

Below are the phone numbers for all of the hearing and disability determination offices in New York.

New York DDD Locations

Your disability application will be sent to the Division of Disability Determinations (DDD), a state agency with several locations in New York, to be reviewed for medical disability if the Social Security field office does not issue a technical refusal. If your initial application is denied, these offices will handle your reconsideration request.

Call the toll-free DDD number for the New York Area at 800-522-5511 to find out to which office your case was transferred if you don’t hear from DDD within a month or two of applying. The four DDD locations in New York can be reached using the information provided here.

Disability Determination Services
P.O. Box 165
Albany, NY 12260-0165
518-473-9320

Division of Disability Determinations
PO Box 5191
Bowling Green Station, NY 10274-5191
212-240-3456

Office of Disability Determination Services
P.O. Box 5030
Buffalo, NY 14205-5030
716-847-5007

Division of Disability Determinations
P.O. Box 9009
Endicott, NY 13761-9009
607-741-4195

New York Hearing Offices

Hearings are held at an Office of Hearing Operations (OHO). OHO’s Regional Headquarters for New York State is located in New York, at the following address:

New York Regional Office SSA, Office of Hearing Operations
Room 34-116
26 Federal Plaza
New York, New York 10278
Telephone: (212) 264-4036
Fax:(833) 631-1019

There are ten different OHO offices throughout New York State. Below is the contact information for each office.

Albany Hearings Office

SSA, Office of Hearing Operations
2nd Floor
12 Corporate Woods Boulevard
Albany, NY 12211
Telephone: (866) 643-3035
Fax: (833) 659-0413

Covers the following field offices: Albany, Hudson, Gloversville, Plattsburgh, Queensbury, Schenectady, Troy, and Oneonta

Bronx Hearings Office

SSA, Office of Hearing Operations
2nd Floor, Suite 200
East 161st Street
Bronx, New York 10451
Telephone: (866) 563-9573
Fax: (833) 632-0077

Covers the following field offices: All Bronx offices, Hunts Point, Laconia Avenue, and West Farms

Buffalo Hearings Office

SSA, Office of Hearing Operations
2nd Floor
130 Delaware Avenue
Buffalo, NY 14202
Telephone: (866) 348-5819
Fax: (833) 632-0071

Covers the following field offices: Batavia, Buffalo, Dunkirk, Jamestown, Niagara Falls, Olean, and Ridge Road

Jersey City Hearings Office

SSA, Office of Hearing Operations
Second Floor
325 West Side Avenue
Jersey City, NJ 07305
Telephone: (877) 773-7451
Fax: (833) 721-0877

Covers the following NY field offices: Hylan Boulevard and Staten Island

Long Island Hearings Office

SSA, Office of Hearing Operations
730 Federal Plaza
Central Islip, NY 11722
Telephone: (866) 931-4494
Fax: (833) 359-0115

Covers the following field offices: Freeport, Melville, Mineola, Patchogue, Riverhead, and West Babylon

New York Hearings Office

SSA, Office of Hearing Operations
Room 2909
26 Federal Plaza
New York, NY 10278-0035
Telephone: (877) 405-6744
Fax: (833) 985-2296

Covers the following field offices: Bedford Heights, Brooklyn New Utrecht, Downtown East Harlem, East Village, Midtown, Uptown, and Washington Heights

New York Varick Hearings Office

SSA, Office of Hearing Operations
3rd Floor, Room 315
201 Varick Street
New York, NY 10014-9998
Telephone: (866) 964-9971
Fax: (833) 359-0113

Covers the following field offices: Boro Hall, Brooklyn Flatbush, Brooklyn Bushwick, and Canarsie

Queens Hearings Office

SSA, Office of Hearing Operations
Joseph P Addabbo Federal Building
155-10 Jamaica Avenue, 2nd Floor
Jamaica, NY 11432
Telephone: (866) 931-6092
Fax: (833) 632-0075

Covers the following field offices: Cypress Hill, Far Rockaway, Flushing, Jamaica, Long Island City, and Rego Park

Rochester Hearings Office

SSA, Office of Hearing Operations
U.S. Federal Building, Room 4140
100 State Street
Rochester, NY 14614
Telephone: (866) 331-3271
Fax: (833) 511-0339

Covers the following field offices: Geneva, Greece, and Rochester

Syracuse Hearings Office

SSA, Office of Hearing Operations
5th Floor
300 S. State Street
Syracuse, NY 13202
Telephone: (888) 655-6477
Fax: (833) 779-0462

Covers the following field offices: Binghamton, Corning, Elmira, Ithaca, Ogdensburg, Oswego, Syracuse, Utica, and Watertown

White Plains Hearings Office

SSA, Office of Hearing Operations
Suite 202
75 South Broadway
White Plains, NY 10601
Telephone: (877) 691-6146
Fax: (833) 563-0489

Covers the following field offices: Monticello, New Rochelle, Newburgh, Peekskill, Poughkeepsie, West Nyack, White Plains, and Yonkers

New York Rehabilitation Services

If you’re interested in free job retraining, contact New York’s vocational rehabilitation services in Albany.

New York State Education Department
Office of Adult Career and Continuing Education Services – Vocational Rehabilitation
99 Washington Avenue
Albany, NY 12234
800-222-JOBS

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