How to File for Disability in New York

To qualify for Social Security disability benefits in New York, you must have a medical condition that prevents you from working and have paid into the Social Security fund through your past employment. Both children and adults are eligible to receive disability benefits, though the application process is different. To apply, you can either fill out an online application at the Social Security Administration (SSA) website or contact your nearest SSA office to set up an appointment. Once the application is received by the local SSA office, it is forwarded to the New York State Division of Disability Determinations (DDD). A claims examiner at DDD will review the application and issue a decision either granting or denying your disability benefits.

Part 1
Part 1 of 3:

Qualifying for Disability Benefits

  1. To qualify for Social Security disability benefits, you must meet two general requirements: 1) you must have a medical condition that meets the definition of "disabled" and 2) you must have earned sufficient Social Security "work credits." [1]
    • To file for disability in New York, you must be currently living in New York.
    • Both children and adults can apply for disability benefits, though the process for each is different. [2]
    • Non U.S. citizens are eligible if they are lawful permanent residents and have paid into the Social Security system. If you are not a lawful permanent resident, you may still be eligible if you have some other form of lawful status. [3]
  2. A person is considered "disabled" by the Social Security Administration (SSA) if he is unable to work. Three criteria must be met to establish you are unable to work: [4]
    • You cannot do work you did before
    • Your medical condition prevents you from doing other kinds of work and
    • Your disability has lasted or is expected to last for at least one year or to result in death.
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  3. To evaluate whether you meet the criteria required to establish you are disabled, the SSA will ask you the following five questions: [5]
    • Are you working? Even if you are working, you may still be considered disabled if you earn less than $1090 a month.
    • Is your condition severe? Your condition will qualify as "severe" if it interferes with basic work-related activities.
    • Is your condition found in the list of disabling conditions? Your condition must either be listed among the impairments set forth by the SSA [6] or found to be of equal severity to a medical condition that is on this list.
    • Can you do the work you did previously? If your condition is not included in the list of impairments or found to be equally severe as a condition on the list, you may still be found to be disabled if it interferes with your ability to do the work you did previously.
    • Can you do any other type of work? If you cannot do the work you did in the past, you must additionally show you cannot do any other type of work. The factors that will be considered are your medical conditions, age, education, past work experience and transferable skills.
  4. In addition to establishing you are disabled, you must also show that you have worked both for enough years and recently enough to qualify for disability benefits. This must be proven through the accrual of Social Security "work credits." The number of work credits you will need depends on your age when you became disabled. [7]
    • Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled. However, younger workers may qualify with fewer credits.
    • The number of work credits you accrue depends on your total yearly wages or self-employment income. You can earn up to four credits each year.
    • The amount needed to accrue a work credit depends on the year in which you worked. For example, in 2015, each $1,220 of wages or self-employment income will earn you one credit. If you earn $4,880, you have earned your maximum of four credits for the year.
    • To calculate the number of credits you have accrued, refer to your taxes for the exact wages you have earned per year. Then, refer to the Social Security chart for "Amount of earnings needed to earn one quarter of coverage," which can be found at: http://www.ssa.gov/OACT/COLA/QC.html
  5. The SSA will assess your situation differently if you are visually impaired, a widow or widower of a person who received Social Security benefits, a wounded warrior or a disabled child. [8]
    • If you are blind, you will qualify for disability benefits if your vision can't be corrected to better than 20-200 in your better eye or if your visual field is 20 degrees or less in your better eye. Even if you don't meet this definition, you may still qualify if your vision problems alone, or combined with other health problems, prevent you from working. [9]
    • If you are a widow or widower of a person who worked long enough under Social Security, you can receive full benefits at full retirement age for survivors or reduced benefits as early as age 60. Alternatively, you can begin receiving benefits as early as age 50 if you are disabled AND the disability started before or within seven years of the worker's death. [10]
    • Veterans who became disabled while on active military service on or after October 1, 2001 are eligible for expedited processing of disability claims from Social Security. These benefits are different than those from the Department of Veterans Affairs and require a separate application. [11]
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Part 2
Part 2 of 3:

Applying For Benefits

  1. To apply for Social Security disability benefits, you can either call or visit your local Social Security Office to set up an appointment or submit an application online. [12]
    • The advantage to applying online is that you can begin the process immediately rather than waiting for an appointment. In addition, you can apply from the convenience of your home without having to make trips to the SSA office.
    • On the other hand, if you are confused or overwhelmed by the process, you may prefer to apply either over the phone or in person so that a representative can help guide you through each step of the process. [13]
  2. Whether you apply online, over the phone or in person, you will need to gather information and documents in support of your application. [14]
    • Make a list that includes: your Social Security number, the names, addresses and phone numbers of doctors, caseworkers, hospitals, and clinics involved in caring for your medical condition and the dates of your visits, the names and dosages of all the medications you are taking and a summary of where you have worked and the kind of work you have done.
    • Gather the following documents: your birth certificate (or other proof of birth), medical records from your doctors, therapists, hospitals, clinics and caseworkers, laboratory and test results and your most recent W-2 form or, if you were self-employed, a copy of your federal tax return.
    • If you would like for your family members to qualify for benefits as your dependents, gather their birth certificates and take note of their Social Security numbers. To include your spouse in your application, you will need to show proof of your marriage, such as a marriage certificate. In addition, if you have been previously married, you will need the dates of those marriages.
  3. To make an appointment, you will first need to locate your nearest Social Security office. Then, call that office to make an appointment to apply for disability benefits either over the phone or in person. [15]
    • To locate your nearest Social Security Administration Office, open the link of the Social Security Office Locator ( https://secure.ssa.gov/ICON/main.jsp ) and enter your zip code. If you do not have access to internet, you can call 1-800-772-1213.
    • To avoid a long wait time, call as soon as possible. Most offices schedule disability appointments weeks or even months ahead of time.
    • At your appointment, someone will help you fill out your application and tell you what the next steps are.
    • If your appointment is in person, take proof of your New York residence (such as your driver's license) and the information and documents you have already gathered to show proof of your disability and wages earned. A representative will walk you through the process and tell you exactly what you need, so do not worry if you still have not gathered all of the necessary documents.
  4. If you have access to a computer and an internet connection, you may prefer the option of submitting your application online. This will allow you to apply immediately without having to wait for an appointment with an SSA representative. [16]
    • Review the checklist ( http://www.socialsecurity.gov/hlp/radr/10/ovw001-checklist.pdf ) that includes all of the documents and information you will need to fill out your application online. Have all of this information ready before you begin the application.
    • Open the link ( https://secure.ssa.gov/iClaim/dib ) to the online application.
    • Respond to all questions in the online application. The website will guide you in answering the questions in all of the required forms, including the Adult Disability Report. [17]
    • Follow the instructions that appear near the end of the application for submitting documents to SSA. The application will provide you with a list of these documents and explain exactly how to submit them. Generally, you will have the option of either mailing the documents or taking them in person to the nearest SSA office.
    • When prompted, sign the authorization form that allows SSA to discuss the information you have provided with other parties in order to assess the validity of your claims. Print it out and follow the instructions for submitting it to SSA.
    • Once you have completed the application, a receipt will be sent to you either electronically or in the mail. [18]
  5. When a decision in your case has been made, it will be mailed to you. [19]
    • If you are denied benefits, you still have a chance at eventually receiving benefits by appealing your decision. [20]
    • If your application is approved, you will be paid the benefits owed to you starting from the sixth full month after the date the SSA finds that your disability began. The amount you receive will be based on your lifetime average earnings covered by Social Security. [21]
  6. If your application for disability benefits is denied, you can file an appeal within 60 days of the date you received the Notice of Decision. [22]
    • You can either file the appeal online ( http://www.ssa.gov/disabilityssi/appeal.html ) or call your nearest SSA office to ask for assistance.
    • If your initial application is denied, you can request a hearing before an administrative law judge (ALJ). The hearing will be held at the Office of Disability Adjudication and Review (ODAR) closest to you (there are ten across New York State). If the nearest ODAR office is far from your home, you may request a video conference. [23]
    • If the ALJ denies your application, you have the right to appeal to the Social Security Appeals Council, which has offices in Maryland and Virginia. The Appeals Council will overturn the decision in your case if it finds that the decision made was not supported by your record or there were procedural problems. [24]
    • If the Appeals Council affirms the decision of the ALJ, your only recourse is to file a lawsuit in New York District Court. [25]
    • Once you have exhausted all avenues for appeal, you cannot reapply for disability benefits unless your condition changes and becomes more severe or you are diagnosed with a new condition that renders you disabled.
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Part 3
Part 3 of 3:

Applying For Your Child

  1. A child under 18 can qualify for disability benefits if he is found to be "disabled" and if his family has little or no income or resources. [26]
    • To meet the definition of "disabled," a child must have 1) a physical or mental condition that very seriously limits his or her activities and 2) the condition has lasted (or is expected to last) at least one year or result in death.
    • If a child lives with his natural or adoptive parents or comes home on some weekends, school holidays or vacations, his parents' income will be considered in determining whether he qualifies for Social Security benefits. The process of determining how much of a family's income and resources will count is called "deeming." [27]
  2. To apply for disability benefits for your child, you will need to fill out an Application for Supplemental Security Income (SSI) and a Child Disability Report. To apply for SSI, you will need to contact your nearest SSA Office, since this application can only be completed over the phone or in person. [28]
    • To locate your nearest SSA office, open the link of the Social Security Office Locator ( https://secure.ssa.gov/ICON/main.jsp ) and enter your zip code. If you do not have access to internet, you can call 1-800-772-1213.
    • Contact your nearest SSA office and make an appointment to apply for SSI for your child either over the phone or in person.
    • At your appointment, find out whether your family's income and resources are within the established limits. If so, the SSA representative will assist you in applying for SSI. If not, your child will not qualify for disability benefits.
  3. If a representative from the SSA confirms that your child may qualify for disability benefits based on your family's income and resources, you should begin the process of gathering the documents you will need to complete the Child Disability Report and to attend your interview. [29]
    • Collect information about your child's medical condition, including the contact information for every doctor, therapist, hospital or clinic that has seen or treated your child for at least the last year, medications he is taking and medical records regarding your child's condition.
    • Obtain an original or certified copy of your child's birth certificate.
    • Gather proof of income and resources for all family members living in your household, including pay stubs, self-employment tax returns, unemployment or other program benefits, child support.
  4. In addition to applying for SSI on behalf of your child, you will need to complete the Child Disability Report. This report can be filled out online, over the phone or in person. [30]
    • To fill out the report online, visit the following link: https://secure.ssa.gov/apps6z/i3820/main.html . The online form will guide you through all of the questions.
    • To complete the report over the phone or in person, you can call the SSA toll-free at 1-800-772-1213 or visit your nearest SSA Office and ask to make an appointment to fill out the Child Disability Report.
  5. Once you have contacted your nearest SSA office to apply for SSI and completed the Child Disability Report, you will need to attend an interview. [31]
    • Contact your nearest SSA office to schedule a disability interview on behalf of your child.
    • Review the Child Disability Interview Checklist ( http://www.socialsecurity.gov/disability/Documents/Checklist%20-%20Child.pdf ). Gather all of the documents that apply to your situation and take them with you to the interview.
    • Even if you don't have all of the documents you will need, still try to attend your interview. The SSA representative who meets with you will help you collect any missing information required to assess your child's eligibility.
    • At your interview, be prepared to discuss: your child's medical condition, treatment sources, including the names and addresses of doctors and hospitals, treatment dates, medications and the results of any tests that have already been administered.
  6. When a decision in your case has been made, it will be mailed to you. [32]
    • Expect to wait about 3 to 5 months to receive your decision.
    • If you are denied benefits, you still have a chance at eventually receiving benefits by appealing your decision. [33]
    • If your application is approved, you will be informed of the approval and the amount your child can expect to receive in disability benefits.
  7. If your child's application for disability benefits is denied, you can file an appeal within 60 days of the date you received the Notice of Decision. [34]
    • You can either file the appeal online ( http://www.ssa.gov/disabilityssi/appeal.html ) or call your nearest SSA office to ask for assistance.
    • If your initial application is denied, you can request a hearing before an administrative law judge (ALJ). The hearing will be held at the Office of Disability Adjudication and Review (ODAR) closest to you (there are ten across New York State). If the nearest ODAR office is far from your home, you may request a video conference. [35]
    • If the ALJ denies your application, you have the right to appeal to the Social Security Appeals Council, which has offices in Maryland and Virginia. The Appeals Council will overturn the decision in your case if it finds that the decision made was not supported by your record or there were procedural problems. [36]
    • If the Appeals Council affirms the decision of the ALJ, your only recourse is to file a lawsuit in New York District Court. [37]
    • Once you have exhausted all avenues for appeal, you cannot reapply for disability benefits for your child unless his condition changes and becomes more severe or he is diagnosed with a new condition that renders him disabled.
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      References

      1. ↑ http://www.ssa.gov/planners/disability/dqualify.html
      2. ↑ http://www.ssa.gov/disability/professionals/bluebook/general-info.htm
      3. ↑ http://www.disabilitysecrets.com/get-disability-if-not-citizen.html
      4. ↑ http://www.ssa.gov/planners/disability/dqualify4.html
      5. ↑ http://www.ssa.gov/planners/disability/dqualify5.html
      6. ↑ http://www.ssa.gov/disability/professionals/bluebook/listing-impairments.htm
      7. ↑ http://www.ssa.gov/planners/disability/dqualify2.html
      8. ↑ http://www.ssa.gov/planners/disability/dqualify7.html
      9. ↑ http://www.ssa.gov/pubs/EN-05-10052.pdf
      1. ↑ http://www.ssa.gov/planners/survivors/ifyou2.html
      2. ↑ http://www.ssa.gov/people/veterans/#ht=0
      3. ↑ http://www.ssa.gov/planners/disability/dapply.html#sb=3
      4. ↑ http://www.ssa.gov/disabilityssi/apply.html#a0=4
      5. ↑ http://www.ssa.gov/planners/disability/dapply.html#sb=3
      6. ↑ http://www.ssa.gov/planners/disability/dapply.html#sb=3
      7. ↑ https://secure.ssa.gov/iClaim/dib
      8. ↑ http://www.disabilitysecrets.com/page9-4.html
      9. ↑ http://www.ssa.gov/disabilityssi/apply.html#a0=5
      10. ↑ http://www.ssa.gov/disabilityssi/apply.html#a0=5
      11. ↑ http://www.ssdrc.com/state-florida-fl-getting-started.html
      12. ↑ http://www.ssa.gov/planners/disability/dapproval.html#sb=3
      13. ↑ http://www.ssa.gov/pubs/EN-05-10041.pdf
      14. ↑ http://www.disabilitysecrets.com/disability-resources-new-york.html
      15. ↑ http://www.disabilitysecrets.com/disability-resources-new-york.html
      16. ↑ http://www.disabilitysecrets.com/disability-resources-new-york.html
      17. ↑ http://www.ssa.gov/disability/disability_starter_kits_child_factsheet.htm#disability
      18. ↑ http://www.socialsecurity.gov/ssi/text-child-ussi.htm
      19. ↑ http://www.socialsecurity.gov/disabilityssi/apply-child.html
      20. ↑ http://www.socialsecurity.gov/disability/Documents/Checklist%20-%20Child.pdf
      21. ↑ https://secure.ssa.gov/apps6z/i3820/main.html
      22. ↑ http://www.ssdrc.com/disabilityquestions1-6.html
      23. ↑ http://www.ssa.gov/disability/disability_starter_kits_child_factsheet.htm#disability
      24. ↑ http://www.ssdrc.com/state-florida-fl-getting-started.html
      25. ↑ http://www.ssa.gov/pubs/EN-05-10041.pdf
      26. ↑ http://www.disabilitysecrets.com/disability-resources-new-york.html
      27. ↑ http://www.disabilitysecrets.com/disability-resources-new-york.html
      28. ↑ http://www.disabilitysecrets.com/disability-resources-new-york.html

      About this article

      Article Summary X

      To file for disability in New York, first check that you meet the general requirements for Social Security benefits. For example, you must be unable to do work you did before, you must have a medical condition that prevents you from doing other kinds of work, and your disability has lasted or will last for at least a year. Along with checking these criteria, you must show that you’ve worked recently enough and for enough years to qualify for benefits. You should also review if you qualify for benefits through a special situation, such as if you’re visually impaired. If you qualify, you can apply for disability benefits by filling out the online application on the Social Security website. If you’d rather apply in person, make an appointment at your closest Social Security office and bring proof of your New York residence, like your driver’s license, as well as any documents that prove your disability. For more advice from our Legal co-author, including how to apply for disability benefits for your child, read on!

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