If you have ever needed to apply for Disability in New York but are unsure of the necessary steps, or you’re just intimidated by the process, we may have some answers to your questions! Here we can provide legal advice and walk you through the steps of applying for disability. It can seem intimidating and complicated to go through, but we are here to help you navigate!

What qualifies for disability in New York?

SSDI (Social Security Disability) and SSI (Social Security Income) are available for qualified applicants in the United States and those who can no longer work due to disability and are open for these individuals to apply for. These resources are designed to be available for those who are unable to work and are struggling with little to no income, and are having a hard time acquiring their basic needs due to injury, illness, or any other disability.

To qualify in New York, you must not be able to work due to a medical condition, you are unable to do the work you were doing before, you decide that you cannot adjust to working because of your medical condition, your medical condition or disability is expected to last for a minimum of one year and or will result in death. If any of these apply to you, you may be eligible to apply for disability in New York.

Is it difficult to get approved for disability in New York State?

The short answer to this question is yes, getting approved in New York is a bit difficult. Roughly 60% of people who apply for disability or Social Security Income do not get approved due to not meeting the criteria. To get approved in New York, applicants must be able to prove their disability or medical condition will last at least 12 months.

The medical conditions do not have to be occupation related. However, the disability must prevent the applicant from working. This may be difficult for some applicants to prove, as disabilities may range regarding the time required to be taken off from work.

How long can I expect to wait for approval?

The initial disability claims can take anywhere from 30 days to 90 days before getting approved, and if you do get approved you will not be able to receive your benefits right away. You will not be able to receive your benefits until after you have completed a five-month mandatory waiting period. The first benefit will be received on the sixth full month after your disability is found to begin.

How much does disability pay in New York?

Disability benefits are cash benefits paid to the individual who is now rendered unable to work due to a lasting medical condition or disability. The benefits are equivalent to about 50% of the former employee’s weekly work wage for the last eight weeks worked. The maximum benefit payment is capped at $150 a week, whether that’s long- or short-term disability benefits.

What should I know before applying for benefits?

You should know a few things before beginning the application process. You can not get benefits solely based on your doctor saying you are disabled; the SSA has a strict definition of disability, so to be considered disabled you must meet the criteria set by the SSA. You will receive an interview with a Social Security Representative, this will either take place over the phone or in your local Social Security Office. This interview will take at least 1 hour, but you can cut your interview time in half by having all the necessary documents on hand. You should also apply for these benefits as soon as you become disabled, as there are mandatory waiting periods involved in the process—the sooner you apply the better.

Can I submit an online application?

Fortunately, we have a couple of ways to apply for Social Security Benefits. You can apply with a physical copy on paper, or you can apply online. The best way to go about applying is to first see if you are eligible to apply. Then, gather all the necessary information needed to apply.

The necessary items to have on hand and ready for applying are:

  • Birth and citizenship records
  • Marriage or divorce information
  • Names and birthdates of all children
  • U.S. Military Service Information
  • Employment records (for the current year and previous 2 years)
  • Bank information (including direct deposit information)
  • Name and contact info so someone can help you with the disability claim
  • Contact information for all doctors, hospitals, and clinics you have been seen or treated at
  • Job history regarding when the disability began and you became unable to work
  • Your education and training information

These will help the application process go by much quicker and more efficiently. Then you can go to the application page for Social Security Benefits, and complete the application process. After that, submit the completed application, and an NYS Division of Disability Determinations will review your application and decide whether or not you are eligible for benefits.

Can you work while on disability in New York?

Once you have received Social Security Benefits, you are allowed what is called a trial period of up to nine months total over a five-year period to work. This means eligible employees are allowed job protection for this amount of time and still receive disability benefits. This testing period also allows individuals to test their strength and endurance in the work field to see if they are able to return to work without risking the loss of benefits.

How can Trajector help me?

Here at Trajector, we are here to help those who are struggling with disability get the medical and financial help they legally deserve. We know it can be hard or intimidating to get benefits, and we aim to help alleviate any of the additional stress that can come with applying for your benefits. We understand that it can be a very draining and emotional process and seek to help every individual client on a real and personal level.

We empathize with those who have had a difficult time trying to receive benefits and aim to help alleviate these struggles by helping navigate what may seem to be a very complicated and drawn-out process. That’s why we offer legal advice and additional resources to any qualified applicants looking for Social Security Disability benefits in New York State or anywhere in the United States.