Applying For Social Security Disability in New York And SSI

by ECL Writer
SSI Application NY

Although the federal government administers Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) in accordance with federal law, there are variations in New York State’s SSI acceptance rates and monthly payment amounts. Eastcoastlaws.com has outlined all you need to know about applying for social security disability in New York and SSI, regardless of whether you have already filed a disability claim with Social Security or are planning to do so.

What Is Social Security Disability Insurance?

Social Security Disability Insurance (SSDI) is a federal insurance program that provides financial support to individuals who are unable to work due to a disability. To qualify for SSDI, you must have earned enough credits through payroll taxes and have a qualifying disability. The disability must be expected to last for at least one year or result in death. SSDI benefits are paid monthly to eligible individuals and can help cover basic living expenses.

What Is Supplemental Security Income?

Supplemental Security Income (SSI) is a federal program that provides financial assistance to low-income individuals who are disabled, blind, or 65 years or older. Unlike Social Security Disability Insurance (SSDI), SSI is based on financial need and does not require the recipient to have earned enough credits through payroll taxes. The amount of SSI benefits received is based on the recipient’s income and assets. SSI benefits help cover basic needs such as food, clothing, and shelter.

Benefits Of SSD And SSI

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 to start six months from the onset date of the disability, but no more than 12 months prior to application.
  • The claimant receives monthly benefits deposited directly into their bank account or on an 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
  • The claimant receives monthly benefits deposited directly into their bank account or on an SSA Direct Express Card.

Eligibility

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. Initial 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. (During 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.

How Do I File A Disability Application?

You can file a disability application with the Social Security Administration (SSA) in the following ways:

  1. Online: You can apply for disability benefits online through the SSA website at www.ssa.gov.
  2. By phone: You can call the SSA toll-free at 1-800-772-1213 to file a disability application over the phone. Those who are deaf or hearing impaired can call 800-325-0778.
  3. In-person: You can visit your local Social Security office to file a disability application in person.

When you file a disability application, you will need to provide personal information and medical records that support your claim. The SSA will review your application and make a determination about your eligibility for benefits.

It’s important to be as thorough and accurate as possible when filling out your application, as the process can take several months. You may also want to consider working with a disability advocate or attorney who can help guide you through the application process.

Documents You Need To Provide

Along with the information listed above, we may ask you to provide documents to show that you are eligible, such as:

How Do I Appeal A Denial In New York?

If you have been denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits in New York, you have the right to appeal the decision. The appeals process has several steps, including:

  • Request for Reconsideration: This is the first step in the appeals process and involves a complete review of your case by someone who was not involved in the original decision.
  • Hearing by an Administrative Law Judge: If the reconsideration is denied, you can request a hearing with an administrative law judge. This hearing is an opportunity for you to present evidence and testimony in support of your claim.
  • Appeals Council Review: If the administrative law judge denies your claim, you can request a review by the Social Security Administration’s (SSA) Appeals Council.
  • Federal Court Review: If the Appeals Council denies your claim, you can file a lawsuit in a federal district court.

It’s important to note that the appeals process can be lengthy and may take several months or more. You may want to consider working with a disability advocate or attorney who can help guide you through the appeals process and represent your case.

To start the appeals process, you should contact the SSA office in your area or visit their website for more information.

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.

If you reside in a nursing home, group home, or assisted living facility, whether 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.

This table shows the chart of the combined federal and state payments 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).

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

Yes, there is a limit on medical record fees in New York. According to state law, medical providers are allowed to charge up to $0.75 per page for the first 25 pages of a patient’s medical records and $0.50 per page for each additional page. Additionally, there may be a fee for certification or verification of the records, which cannot exceed $2.00 per document.

It’s important to note that these fees may vary depending on the medical provider and the specific circumstances of your request. In some cases, medical providers may waive the fees if you are unable to pay or if the request is made as part of a disability claim.

If you need medical records for a disability claim, it’s a good idea to check with the medical provider directly to determine the exact fees and any possible waiver options.

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

Here 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 Region 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

New York State Short-Term Disability Benefits

New York State offers a short-term disability insurance program that provides partial wage replacement to eligible workers who are unable to work due to a non-work-related injury or illness. The program is designed to provide financial support during the recovery period, allowing individuals to take time off from work without having to worry about paying bills.

To be eligible for short-term disability benefits in New York, you must be a covered employee and have a qualifying non-work-related injury or illness. You must also have been unable to work for at least 7 consecutive days. The number of benefits you receive will depend on your average weekly wage and the length of your disability.

It’s important to note that short-term disability benefits are provided through the New York State Disability Benefits Law, which is administered by the New York State Workers’ Compensation Board. Eligible employees may also be eligible for other forms of disability benefits, such as Social Security Disability Insurance or Supplemental Security Income, depending on their individual circumstances.

Is New York Disabled-Friendly?

New York is generally considered to be disability-friendly, with a number of resources and accommodations available for individuals with disabilities. The city has made efforts to improve accessibility in public spaces, such as sidewalks, public transportation, and buildings.

In terms of employment, New York has strong laws and policies in place to protect the rights of individuals with disabilities and to promote equal opportunities in the workplace. The city also offers a variety of programs and services to support individuals with disabilities, including housing assistance, personal care services, and transportation options.

However, like any large city, there may be some areas or experiences that are more challenging for individuals with disabilities. For example, some older buildings may have limited accessibility, and navigating busy sidewalks and busy public transportation can be difficult for individuals with mobility issues.

How Long Does It Take To Get A Disability In NY?

The amount of time it takes to get disability benefits in New York can vary depending on several factors, including the specific type of disability benefits you are applying for and the complexity of your case.

For Social Security Disability Insurance (SSDI) benefits, the process can take 3 to 5 months or more, depending on the backlog of cases and the speed of the decision-making process. The first step in the process is to file a claim with the Social Security Administration (SSA). If your claim is denied, you can appeal the decision, which can add several months to the process.

For Supplemental Security Income (SSI) benefits, the process is typically faster, with a decision usually made within a few months of filing a claim. However, the decision can be appealed if denied, which can add additional time to the process.

If you are applying for short-term disability benefits in New York, the process may take several weeks to several months, depending on the specifics of your case and the length of your disability.

It’s important to keep in mind that the time it takes to get disability benefits can vary widely and is dependent on several factors. To get the most accurate and up-to-date information on the timeline for your specific case, it’s best to check with the SSA or the New York State Workers’ Compensation Board directly.

Where Can I Get Help For My Disability Claim In New York?

If you’re looking for legal representation for your ALJ hearing, you can visit our New York disability lawyer page to find a local lawyer who can help you with your claim.

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