If you live in New York State you may file an application for disability benefits in that state. Most states in the country provide disability benefits to eligible applicants. There are a few requirements that need to be met before a claim is approved including the disability being present in the Social Security Administration (SSA) Blue Book listings.
If your disability doesn’t fit an exact listing the SSA may ask you to take part in a Residual Functional Capacity (RFC) assessment performed by your physician. The results of this help the assessor to make the right about your physical and mental abilities and whether you are able to work.
Social Security Disability Benefits in New York State
The Disability Determination Services (DDS) office in New York State is the agency in charge of making decisions for New York State disability benefits claims. The following information is normally used:
- your current health status as found in your medical records;
- your own view on how the disability affects your ability to work;
- physical and mental reports provided by your physician;
- an ongoing evaluation of your disability.
In New York State, as in other U.S. states, to qualify for the Social Security Disability benefits (SSDI program), you must have been in work for a specified number of years when you paid your Social Security taxes (FICA) which would have gained for you sufficient work credits.
If you haven't accumulated enough employment time when you became disabled but your assets and income are now below a specified threshold you could be informed that you are now eligible to submit an application for Supplemental Security Income (SSI).
When lodging a New York State social security disability benefits claim with the SSA, the Disability Determination Service (DDS) will make the initial decision about your disability benefits claim. You can first of all file for disability benefits at field offices spread throughout New York State.
The Cities Where Social Security Field Offices Are in New York State
New York State Disability Statistics
In New York State, 22.5 percent of adults have a disability compared to the nation’s average of 25.6 percent. In 2017/2018, 39 percent of applicants for New York State disability benefits were approved at their application. At the appeals hearing the Administrative Law Judge (ALJ) approved 61 percent of cases, denied 17 percent of cases, and dismissed 22 percent of cases.
Nationally, just 45 percent of cases were approved during the same timeframe. The average wait time in New York State for a disability hearing is nearly 2 years.
Appealing Denied Social Security in New York State
If your initial disability benefits application is denied, you may appeal to have your case heard in front of an Administrative Law Judge (ALJ). Hearings are held at the nearest Office of Hearing Operations which used to be called the Office of Disability Adjudication and Review). In New York State if your application is denied following the hearing, you may appeal to the Appeals Council, which has its offices in Virginia and Maryland.
The Appeals Council will hear the appeal and could decide that the decision made for your case was not supported by the evidence found in your record. If your application is still denied by the Appeals Council, you may be able to file a suit in a federal U.S. district court based in New York.
Help Filing for Disability Benefits in New York State
You may think that because you are unable to work you are automatically entitled to disability benefits but it is not always as simple as that. If you ask a disability lawyer to help you file your New York State disability claim you have a much better chance to win your disability benefits entitlements.
You may be lucky and have your claim approved at the initial application stage. However, if your claim is denied at the initial application phase and you decide to seek an appeals hearing the disability lawyer will work tirelessly to win the appeal so that you are awarded the disability benefits you deserve.
