Are You Looking to File a Social Security Disability (SSD) Claim?
The Stanley Law Offices is passionate about the workers of New York. Hardworking individuals in New York are known for their strong sense of independence and self-sufficiency. However, if you sustain an injury or fall ill, it may prevent you from performing your job duties for an extended period. When an injury or illness keeps a New Yorker out of work or unable to work, they may not realize they are entitled to receive benefit payments from the Social Security Administration (SSA).
SSD is not only a retirement program, but also a disability program. You paid taxes on your earnings while working, and you have the right to collect disability benefits from Social Security if you are unable to work. Our New York Social Security Disability (SSD) lawyers at Stanley Law Offices have been fighting for workers’ rights and securing their futures for decades. Contact us for a free consultation.
Understanding Social Security Disability (SSD)
Social Security Disability Insurance (SSDI), often referred to simply as Social Security Disability (SSD), is a federal program that provides financial support to individuals who are unable to work due to a disability.
The program provides a steady income and cash payments to workers afflicted with a total, long-term disability. SSDI is available to individuals who cannot work because of a serious illness, injury, or trauma, provided that the condition is expected to last for 12 months or more or will likely result in death.
Since SSDI is an insurance program, it is available to workers who have worked long enough and paid into the system through taxes on their earnings.
Generally, to meet the work requirement, an applicant must have worked at least some part of five of the last ten years before becoming disabled. However, this requirement can vary depending on age; for example, workers under the age of 24 may qualify if they have worked for at least one and a half years out of the past three years.
SSDI vs. Supplemental Security Income (SSI)
While both programs are intended for individuals with disabilities, the main difference between them lies in the qualification requirements, specifically regarding the applicant’s work history and financial resources. Below is SSDI vs SSI in the table.
| Feature | Social Security Disability Insurance (SSDI) | Supplemental Security Income (SSI) |
|---|---|---|
| Work Requirement | Requires that recipients have worked long enough and paid into the system (e.g., typically worked at least some part of 5 of the last 10 years before disability) | Does not require that recipients have a work history |
| Recipient Profile | Primarily for workers afflicted with a total, long-term disability | Primarily for disabled or elderly individuals with limited financial resources. |
| Financial Basis | Based on the individual’s prior work earnings and contributions | Based on financial need and limited financial resources. |
Our Social Security Disability Attorney Shannon Doan explains the distinct differences between Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). She highlights that DIB is based on an individual’s work history and the Social Security taxes they’ve paid, making it akin to an insurance program for workers who become disabled. In contrast, SSI is a needs-based program provided to assist individuals with limited income and resources, regardless of their work history. Understanding these differences is crucial for individuals seeking Social Security benefits, as eligibility and benefit amounts vary between the two programs.
Check Stanley Law Offices’ videos on YouTube regarding Social Security Disability Benefits (SSDI).
Eligibility Criteria for SSDI in New York
To qualify for Social Security Disability benefits in New York, you must be disabled as defined by SSDI and have worked in jobs covered by the SSA, earning enough work credits.
Work Credits: How They Impact Eligibility
Work credits are earned based on your yearly earnings and the Social Security taxes you pay. Before awarding SSDI benefits, the SSA will review whether you have enough work credits to qualify for compensation.
Medical Evidence Required for Approval
To qualify for SSDI compensation, you must be totally disabled, as short-term or partial disabilities are not eligible. Proper documentation and medical evidence are essential to support your claim.
Understanding Qualifying Disabilities
Musculoskeletal problems
Immune system disorders
Hematological disorders
Cardiovascular diseases & respiratory illnesses
Skin conditions
Congenital and neurological disorders
Speech, vision, or hearing impairments
Cancer
Mental health disorders
Genitourinary and digestive issues
If you’re unsure about your eligibility, it’s advisable to consult a Social Security disability lawyer in New York.
Why You Need a New York Social Security Disability Lawyer?
A New York state disability attorney helps you navigate the legal process, providing support throughout to ensure you receive the compensation you’re entitled to.
Handle Legal Complexities with Ease
A disability attorney in New York guides you through the entire process, from filing your claim to gathering evidence and representing you in court.
Help With Filing SSDI Claims
Lawyers help you complete your SSDI application, ensuring all required documents are included to strengthen your case.
Resolving Denied or Delayed Claims
If your claim is denied or delayed, a lawyer can assist with refiling and gathering additional evidence to support your case.
Representation During Appeals and Hearings
If necessary, a lawyer will represent you in hearings and appeals, ensuring your rights are protected throughout the process.
When to Consult a Social Security Disability Attorney?
When you’re feeling overwhelmed by legal complexities, hiring an attorney is the best solution to help you navigate the process and secure the compensation you deserve.
Signs It’s Time to Seek Professional Help
- If you face a denial or find the legal process too challenging, don’t leave things unfinished. Consult and hire a lawyer to ensure your claim is handled effectively and you get the compensation you deserve.
How Early Legal Intervention Can Improve Your Case
- Consulting an attorney before appealing increases your chances of success. A lawyer will strengthen your case, ensure all details are accurate, and help you present the best possible claim, improving the likelihood of winning on your first try.
Step-by-Step Guide to Applying for SSDI
Here’s the SSDI appeal process in New York. Follow these steps and get your compensation:
Preparing Your Application
Before applying for SSDI, ensure you have the following:
1. Personal Information
- Birth certificate
- Social Security number
- Citizenship or passport
2. Medical Proof for Disability Claims
- Contact details of your doctor(s)
- Details of hospitals and clinics visited
- List of medications and medical tests
3. Work History
- Past income records
- W-2 forms or tax returns
- Details of current employer
4. Other Relevant Information
- History of workers’ compensation benefits (if applicable)
Submitting Your Claim Online or In-Person
- Online Application: Visit the SSA website and click “Apply for Disability” to fill out the form.
- Phone Application: Call the SSA office, request to file a claim, and answer the questions they ask.
- In-Person Appointment: Contact your nearby local Social Security Administration office to schedule an appointment and file the claim.
Tracking Your Claim Status
It’s essential to track the status of your SSDI claim, whether it’s accepted or rejected. After submission, the SSA will review your case and may contact you for additional information. The Disability Determination Services (DDS) will evaluate your medical condition and make the final eligibility decision.
Summary: Our Social Security Disability Attorney Shannon Doan discusses the Social Security Disability process and emphasizes the importance of having a dedicated legal team to assist applicants in navigating the complexities of obtaining benefits.
What to Do if Your SSDI Application is Denied?
Don’t panic or let your condition worsen. The lawyers at Stanley Law Office are here to help you secure the benefits you deserve and guide you through the process.
Consult With a Lawyer
If your SSDI claim is denied, consulting a lawyer is essential. They will help identify the reasons for the denial, such as:
- Lack of detailed medical history proving total disability.
- Insufficient work credits.
- Failing to cooperate with SSA and DDS requests.
Request a Reconsideration
You can request reconsideration if your claim is denied. A new medical consultant will re-evaluate your condition. Hiring a lawyer ensures all relevant medical evidence is properly submitted, strengthening your case.
Appeal Hearing in Court
If your reconsideration is denied, you can appeal to an Administrative Law Judge (ALJ). A denied SSDI claims attorney will represent you during the hearing, presenting your case effectively to boost your chances of success.
Request Review From Appeal Council
If your appeal is denied, you can request a review from the Appeals Council. They will evaluate your case and decide the next steps. A New York disability lawyer consultation can guide you through this process and determine if further action is required.
Federal Court Litigation
If all previous options are exhausted and you feel misjudged, you can escalate the case to federal court. At this stage, experienced legal representation is crucial due to the complex legal arguments and procedures involved.
How a New York Social Security Disability Lawyer Can Help You?
Make the right decision at the right time. Experienced lawyers will strengthen your case and advocate on your behalf, increasing your chances of getting your claim approved.
Streamlining the Process to Save Time
- Lawyers will handle all the paperwork, gather evidence, and ensure all required information is included to strengthen your claim and streamline the process.
Maximizing the Likelihood of Approval
- Lawyers will cover all aspects of your case, making it strong enough for success on the first try. With their experience, they will manage everything efficiently, minimizing the risk of denials and disputes.
Securing the Benefits You Deserve
- Lawyers play a crucial role in securing the benefits you deserve by handling legal complexities, representing you in court for appeals, resolving disputes, and following up with the SSA and DDS throughout the process.
Why Choose Stanley Law Offices in New York?
Achieve success on your first try by consulting and hiring an experienced attorney from Stanley Law Office for filing SSDI claims in New York.
Expertise in Social Security Disability Law
- Our experienced lawyers have dedicated years to securing justice and compensation for victims and eligible individuals, ensuring they receive the benefits they deserve.
Personalized Support for Complex Cases
- Our lawyers will assess your case and provide tailored solutions on how to apply for SSDI in New York based on its complexity, ensuring the best possible outcome.
Track Record of Successful Client Outcomes
- At Stanley Law Office, we have a long history of successfully securing the rights and benefits of Social Security Disability clients, delivering favorable outcomes.
Take Action Today: Secure the Benefits You Deserve
Contact Information for Stanley Law Offices
If you’re facing difficulties with your Social Security Disability compensation, don’t hesitate to reach out. We have offices in Syracuse, Binghamton, Oneonta, Rochester, Watertown, and Montrose, Pennsylvania.
Call us at our toll-free number: 1-888-366-9749 or email us via our website.
Free Consultation Details and How to Get Started
We’re available anytime to support you. Call us for a free consultation on your case—there’s no cost and no obligation. You don’t need to hire us right away; simply book an appointment to discuss your case.
We work on a contingency basis, meaning we only charge if we succeed in securing compensation for you.
FAQs – New York Social Security Disability Lawyer
What Happens After I Submit My SSDI Application?
After you submit your SSDI application, it will be reviewed by SSA and DDS to determine your eligibility for benefits.
How Long Does it Take to Get SSDI Approval?
The initial review takes 3-4 months. If denied and refiled, it can take 3-12 months or more.
How Much Can You Receive in SSDI in New York State?
According to the New York Disability Benefits Pay Chart 2024, you can receive $1,540.57 to $3,822 depending on your eligibility and circumstances.
Is There a Maximum Income Limit to Qualify for SSDI Benefits?
Yes, to qualify for SSDI, your income must not exceed the SGA limit: $1,470/month for non-blind individuals and $2,460/month for blind individuals (2025).
Can I Work While Receiving SSDI Benefits?
Yes, you can work while receiving SSDI benefits, but a substantial portion may be deducted depending on your earnings.
How Much Does it Cost to Hire a Disability Lawyer?
There is no upfront cost to hire a disability lawyer. If they win your case, they take 25% of your back pay, capped at $9200.
Can I Apply for SSDI Benefits if I’m Already Receiving Workers’ Compensation?
Yes, you can apply for SSDI benefits while receiving workers’ compensation. However, you must meet the qualification criteria for SSDI, including having a severe disability that prevents you from engaging in substantial gainful activity (SGA).
What Are the Most Common Mistakes to Avoid When Applying for SSDI?
The common mistakes to avoid when applying for SSDI are:
- Providing incomplete work and medical information.
- Missing important deadlines.
- Earning above the SGA income limit.
- Failing to appeal after a delay or denial.
- Applying without consulting a lawyer.
Our Office Locations in New York
Rochester
Binghamton
Oneonta
Watertown
