New York Social Security Disability Attorneys

At DearLegal, we connect you with experienced New York Social Security Disability attorneys who know the New York DDS, the NYC, Long Island, Albany, Buffalo, and Syracuse hearing offices, and the federal rules that decide whether you get paid. Whether you’re filing a new SSDI claim, appealing a denial, or heading to an ALJ hearing, we’ll match you with the right attorney — at no cost to get started.

SSDI (Title II) is based on your work history and the FICA taxes you’ve paid — generally 40 work credits with 20 in the last 10 years. SSI (Title XVI) is needs-based; no work credits required but income and resources must be very low (generally under $2,000 in countable assets for an individual). New York SSI recipients also receive the State Supplement Program (SSP) and automatic NY Medicaid.

Initial decisions from New York DDS typically take 6–8 months. Reconsideration adds several more. ALJ hearings at the various New York OHOs currently run roughly 12+ months from the hearing request, with wait times that vary materially by office. Compassionate Allowance and TERI flags speed things up. (VERIFY: exact current wait times by office.)

New York Disability Benefits Law (DBL) and Paid Family Leave (PFL) are short-term benefits. SSDI is the federal long-term benefit. NY DBL/PFL medical records can support an SSDI claim. An attorney coordinates the two.

SSDI has a 5-month waiting period before cash benefits begin, and Medicare doesn’t start until 24 months after SSDI entitlement. ALS and ESRD are exceptions — Medicare is immediate. SSI recipients in New York get NY Medicaid automatically on approval.

You can work, but earnings above Substantial Gainful Activity — approximately $1,620/month for non-blind individuals in 2025 (about $2,700/month for statutorily blind) — will generally disqualify you. SSDI has a 9-month trial work period. NYC and downstate cost of living makes the SGA limit tight; track and report all earnings.

Common reasons: insufficient medical evidence, gaps in treatment, the DDS deciding your condition isn’t "severe" or doesn’t meet a Listing, the DDS finding you can still do past or other work, failure to follow prescribed treatment, or earnings over SGA. Most NY initial denials are reversed on appeal when an attorney develops the record correctly.

Four levels: (1) Reconsideration at NY DDS; (2) ALJ Hearing at the appropriate NY OHO; (3) Appeals Council in Falls Church, VA; (4) Federal Court — civil action in the U.S. District Court for the Northern, Eastern, Southern, or Western District of New York. You have 60 days to appeal at every level.

Why Do You Need a Social Security Disability Attorney in New York?

New York has one of the most extensive SSA infrastructures in the country — OHO offices include NYC (Manhattan, Brooklyn, Queens, Bronx), White Plains, Long Island, Albany, Buffalo, Syracuse, and others — with ALJ hearing wait times typically running 12+ months and approval rates varying materially between offices and judges. New York pays a State Supplement Program (SSP) on top of federal SSI through OTDA. New York also has its own state disability insurance (NY DBL) and Paid Family Leave; private LTD policies often require SSDI as a condition of continued benefits. Strong specialty care at NYU, Columbia, Mount Sinai, NewYork-Presbyterian, Northwell, Montefiore, Memorial Sloan Kettering, and other systems makes the medical record buildable — but only with diligent record collection. Representation by an attorney who knows the New York DDS and the local ALJs is the biggest factor in turning denials into approvals.

When Do You Need a Social Security Disability Attorney in New York?

Our network includes New York social security disability attorneys who handle every kind of case, including:

Types of Social Security Disability Cases in New York

From the moment you connect with a New York social security disability attorney, they go to work protecting your claim. The most common case types we handle:

Missing the 60-day appeal deadline at any level (initial denial, reconsideration, ALJ, Appeals Council)

Not requesting comprehensive medical records from every NY provider — academic centers, community providers, and OMH clinics

Having long gaps in treatment — SSA reads gaps as "not that severe"

Working over the SGA limit (~$1,620/month in 2025) without reporting it to SSA

Applying for NY DOL unemployment while claiming inability to work — those statements are inconsistent and the ALJ will see them

Settling a NY workers’ comp Section 32 without offset-protective proration language

Missing the 60-day appeal deadline at any level (initial denial, reconsideration, ALJ, Appeals Council)

Not requesting comprehensive medical records from every NY provider — academic centers, community providers, and OMH clinics

Having long gaps in treatment — SSA reads gaps as "not that severe"

Working over the SGA limit (~$1,620/month in 2025) without reporting it to SSA

Applying for NY DOL unemployment while claiming inability to work — those statements are inconsistent and the ALJ will see them

Settling a NY workers’ comp Section 32 without offset-protective proration language

Common New York Social Security Disability Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do New York Social Security Disability Attorneys Cost?

25%

Federally capped at 25% of past-due benefits, with a maximum total fee set by the Social Security Administration.

Federal law caps SSDI/SSI attorney fees at 25% of past-due benefits, with a hard maximum of $9,200 (effective Nov 2024, adjusts with the cost-of-living). SSA must approve every fee agreement. You pay nothing out of pocket and nothing from your ongoing monthly benefit — the fee comes only from back pay, and only if you win. If there is no back pay, there is no fee.

What Can Your New York Social Security Disability Compensation Include?

Monthly SSDI Benefit (PIA)

Calculated from your lifetime earnings record. The 2025 national average SSDI benefit is roughly $1,580/month; NY workers with higher historical earnings often run above that.

Past-Due Back Pay

SSDI back pay can include up to 12 months before application plus everything from application to approval. SSI back pay runs from the application date.

Auxiliary Benefits

Spouses, minor children, and disabled adult children may qualify for benefits on your earnings record — up to 50% of your PIA each, subject to a family maximum.

Medicare

SSDI recipients become eligible for Medicare 24 months after SSDI entitlement (immediate for ALS and ESRD). Covers Parts A and B; Part D is optional.

NY Medicaid

SSI approval triggers automatic NY Medicaid eligibility — a critical benefit given NY medical costs.

New York State SSI Supplement (SSP)

New York pays a State Supplement Program (SSP) on top of federal SSI through OTDA — adding to the monthly benefit.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

New York Social Security Disability Attorneys

Why Do You Need a Social Security Disability Attorney in New York?

When Do You Need a Social Security Disability Attorney in New York?

Types of Social Security Disability Cases in New York

Common New York Social Security Disability Mistakes

How Much Do New York Social Security Disability Attorneys Cost?

What Can Your New York Social Security Disability Compensation Include?

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