Social Security Disability Resource Center
Overview | How to Qualify | Common Mistakes |
Requirements | How long it takes | Back Pay |
Mental Disability | What is a disability? | Tips |
Hiring a Qualified Disability Lawyer in New York
Claimants who are represented on disability claims in New York tend to have a higher rate of approval, a need for fewer appeals, and more favorable "dates of onset" (the date the disability is proven to have begun) that lead to higher back pay benefits.
Representation may be through a disability lawyer or a specialized non-attorney disability representative. Many non-attorney reps are former Social Security Administration Claims Specialists and Disability Examiners with an extended history of working from within the federal system.
A qualified disability representative will have a knowledge of Social Security administrative law, particularly with regard to how claims are approved through the Social Security listings and the medical vocational grid rules. A qualified and competent disability representative or lawyer will also be skilled in the ability to obtain the most relevant case evidence, analyze it correctly, and incorporate it as part of a winning strategy for a claim.
To learn about fees for representation, see: "How do disability lawyers get paid?"
In the state of New York, as in all other states across the nation, it is no easy task to win social security disability (SSD) or supplemental security income (SSI) benefits. The majority of all disability applications filed in New York, about 62 percent, were denied in recent years, and statistics were positively grim for those who appealed the decision to the state disability determination services (DDS) agency: only 16 percent of first appeals, or requests for reconsideration, filed in New York were approved.
Given these statistics, should individuals filing for disability retain a disability attorney, and if so, when? Well, there are cases in New York in which disability cases are approved within three to four months of the initial application, without any disability help from attorneys or non-attorney representatives (a non-attorney representative is someone, often a former employee of the social security administration, who, though not an attorney, is qualified to advocate for disability applicants). However, as stated previously, these cases are in the minority.
Getting a disability lawyer does not, of course, ensure that you will win your case. However, statistics have shown that those with legal representation are more likely to win SSD or SSI benefits, particularly if their case winds up before a federal administrative law judge. Many people filing for disability in New York never consider the possibility that they will reach this point, but the fact is that most cases are not approved by DDS, and must be taken to the second level of appeal, which is to request a hearing before a disability judge.
This hearing is the very best chance New York disability claimants have of winning benefits, and having some form of legal representation at this level of appeal could mean the difference between winning and losing, i.e. qualifying for disability.
Therefore, if you are filing for SSD or SSI in New York, you should start planning, at the outset, at what point you will retain a New York disability lawyer for your case, because it could make a difference in whether or not you qualify for disability. Some individuals will feel more secure if they have a consultation even before filing their claim, some will consider it only when their claim is denied and they must file an appeal with DDS—it’s really up to the level of comfort an individual has with the disability process, and how well they are able to present their case.
However, at the second appeal, anyone who decides to apply for social security disability or apply for disability from SSI is strongly advised to retain legal counsel.
Note: The request for reconsideration appeal step is currently suspended in the state of New York as New York is one of 10 prototype states testing a system in which denied claims move immediately to the hearing level upon appeal. Reconsideration may be reinstated at some point and many consider this likely. In the meantime, a claimant who is denied on a disability application should request, and prepare, for a hearing before a federal administrative law judge.
Social Security Disability and SSI Resource Center
The Most Basic questions about Getting Disability Benefits
Social Security Disability and SSI Back Pay Benefits
Social Security Disability SSI and whether or not you can work
How long does it take for Social Security Disability or SSI?
Social Security Disability SSI Awards and Award Notices
Tips, Mistakes, How to Qualify, and How to Win Disability
Tips and Advice for Social Security Disability and SSI Claims
Common Mistakes to avoid after being denied for Disability
Disability Qualifications and How to Qualify for Disability Benefits
Winning Social Security Disability or SSI, How to Win
Denials, Appeals, and Getting a Disability Lawyer or Representative
What you should know about Social Security Disability and SSI Denials
Social Security Disability and SSI Appeal Process - How to file appeals
Questions about Disability Lawyers and Hiring a Disability Attorney
Various Types of Benefits including SSI, Mental, and Child benefits
SSI Disability Benefits, Questions and Answers
Social Security and SSI based on Mental Disability
Social Security Disability or SSI Benefits for Children
Disability Benefits through Social Security
Information to start with regarding Disability Claims
An Overview of Social Security Disability and SSI
What is considered a Disabling condition by Social Security?
The Disability Requirements to be eligible for SSD and SSI Benefits
Filing for Social Security Disability or SSI Benefits
Social Security Disability and SSI Applications
Social Security Disability SSI List of Conditions and Impairments
Social Security Disability SSI: Medical Evidence and Records
Filing your claim for disability benefits
Eligibility for receiving disability benefits
Resources on this site
Social Security Disability, SSI Terms and Definitions
Previously answered questions regarding SSD and SSI
About the Author of SSDRC, Tim Moore
The SSDRC Disability Blog
For Individuals living in North Carolina
Disability in North Carolina
North Carolina Disability Lawyer
Getting disability in North Carolina
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria