Understanding the SSD Process in New York: What You Need to Know Before You Apply

Navigating the Social Security Disability (SSD) system can feel overwhelming, especially when you're already dealing with serious health conditions and financial stress. Whether you're applying for SSDI (Social Security Disability Insurance), SSI (Supplemental Security Income), or both, the process in New York has its own steps and challenges.

Here’s a clear and approachable look at what to expect and how to avoid the common pitfalls that often trip up first-time applicants.

SSDI vs. SSI: What’s the Difference?

While both SSDI and SSI provide monthly benefits to individuals with disabilities, they serve different purposes:

• SSDI is for people who have worked and paid into Social Security through payroll taxes.

• SSI is based on financial need and is available to individuals with limited income and resources, regardless of work history.

Some people may qualify for both. The key factors are your medical condition, employment background, and current financial status.

What Counts as a Disability?

To be eligible for SSD benefits, your condition must:

• Prevent you from doing substantial work

• Last (or be expected to last) at least 12 months, or be terminal

This includes both physical and mental conditions. Solid medical documentation is essential. The more thorough and consistent your records are, the stronger your application will be.

How to Apply for SSD in New York

You can apply online, by phone, or in person at a local Social Security office. While the application itself may appear straightforward, even minor errors—such as missing documents or unclear answers—can result in significant delays or lead to denials.

What to Gather Before You Apply

Make sure you have:

• Medical records from all relevant healthcare providers

• Your complete work and income history

• A list of current medications and treatments

• Doctor's statements explaining how your condition limits your ability to function

After You Apply: What to Expect

Initial Review

Your application will be sent to New York’s Disability Determination Services (DDS) for a medical review. This step usually takes between three and six months.

Most Initial Applications Are Denied

Nationwide, about 65 percent of first applications are denied. New York follows a similar trend. A denial doesn’t always mean you aren’t disabled—it may just mean your documentation wasn’t strong enough.

If You’re Denied: The Appeals Process

Denials are frustrating, but they’re not the end of the road. In fact, they’re very common. Many people who are ultimately approved for SSD benefits start with a denial. It doesn’t mean your claim isn’t valid. Often, it’s just a matter of strengthening your records or presenting your case more clearly the second time around.

Step 1: Reconsideration

You have 60 days to appeal. A new reviewer will assess your file. Adding updated medical records or detailed letters from your doctors can make a big difference.

Step 2: Administrative Hearing

If you’re denied again, you can request a hearing before an administrative law judge. This is often where many applicants finally get approved, especially when they have an attorney guiding them through the process.

Step 3: Appeals Council or Federal Court

If the hearing doesn’t go in your favor, you can appeal to the Appeals Council and eventually to federal court. Each step requires careful preparation and legal support.

Why Work with a Disability Attorney?

A qualified SSD attorney can enhance your chances of approval and make the process less stressful. They can:

• Organize your medical records and submit them properly

• Help your doctors prepare clear, supportive letters

• Meet deadlines and prevent application errors

• Represent you at hearings and communicate with Social Security on your behalf

In New York, disability lawyers are only paid if you win your case. Their fee is capped by federal law and comes from your back pay, not your ongoing benefits.

How Long Does the Process Take?

Here’s a general breakdown:

• Initial decision: 3 to 6 months

• Reconsideration: 2 to 4 months

• Hearing: 8 to 12 months or more

Each case is unique. Working with an attorney can help you avoid unnecessary delays and improve your chances of a successful outcome.

Don’t Wait to Get Started

Putting off your application won’t help. If your condition is stopping you from working, it’s essential to apply as soon as you can. You could be entitled to back pay starting from the date your disability began.

Contact the Law Office of Mark J. Keller

Applying for SSD benefits doesn’t have to feel like an uphill battle. The Law Office of Mark J. Keller has guided hundreds of New Yorkers through the process with experience, dedication, and compassion.

Call 718-297-1890

Email: markjkelleresq@yahoo.com

Visit: markkellerlaw.com/contact-us