Where to Start: Social Security Disability Insurance vs. Supplemental Security Income
New York residents can file for disability through two separate programs, and which one you pursue depends on your work history and current income. Social Security Disability Insurance (SSDI) is based on your own work record and the taxes you or a family member paid into Social Security. Supplemental Security Income (SSI) is a needs-based program for people with limited income and resources, regardless of work history.
Most people in New York file for SSDI first if they have worked recently. If you have not worked enough quarters to may have access to for SSDI, or if your SSDI benefit would be very small, you may also file for SSI at the same time. You do not have to choose one or the other — you can pursue both applications simultaneously, and the Social Security Administration will process them together.
The filing process is identical for both programs: you provide the same medical and work history information, and Social Security makes separate decisions about each one. The main difference is what documents you need to prove your work history, which we cover in the sections below.
Key Takeaways
- You can file for disability in New York by phone, online, or in person at a local Social Security office, and the process is the same regardless of which method you choose.
- You will need medical records from your doctors, a list of all jobs you have held in the past 15 years, and proof of your Social Security number and age.
- The initial decision typically arrives within three to five months, but many first applications are denied and require an appeal.
- If you are denied, you have 60 days to file a written appeal, and most people who appeal go on to win at a hearing before an administrative law judge.
- New York has a state Disability information Services office that makes the medical decision on your case, separate from the local Social Security office that takes your process.
Filing Your process: Phone, Online, or In Person
You have three ways to file for disability in New York. The fastest route for most people is to call Social Security's national disability line at 1-800-772-1213 (TTY 1-800-325-0778). A representative will walk you through the process over the phone, ask questions about your medical condition and work history, and schedule you for a follow-up appointment if needed. This call typically takes 20 to 30 minutes.
You can also file online at www.ssa.gov/applyfordisability. The online process is self-paced and saves your progress, so you can stop and return later. You will still need to speak with a Social Security representative by phone to complete the process, but starting online can save time during that call.
If you prefer to file in person, you can visit a local Social Security office in New York. The main office locations are in New York City, Buffalo, Rochester, Syracuse, and Albany, but there are smaller offices throughout the state. Call 1-800-772-1213 to find the office nearest you and ask whether you need an appointment. Walk-ins are sometimes accepted, but appointments are faster.
Whichever method you choose, Social Security will send you a receipt notice within two weeks confirming that your process was received. Keep this notice — you will need the process number if you have to appeal later.
Documents You Need Before You explore
Gather these documents before you call or visit. Having them ready will make the process faster and reduce the chance that Social Security asks you to send information later.
| Document Type | What to Bring | Why It Matters |
|---|---|---|
| Proof of age | Birth certificate, passport, or driver's license | Social Security must verify your date of birth |
| Proof of citizenship or legal residency | Birth certificate, passport, green card, or visa | Only U.S. citizens and certain legal residents can receive SSDI or SSI |
| Social Security number | Your Social Security card or a document showing your number | Required to file; if you do not have one, Social Security can help you explore |
| Medical records | Names and addresses of all doctors, hospitals, and mental health providers who have treated you for your condition | Social Security will request these records directly from your providers |
| Work history | List of all jobs held in the past 15 years, with employer names, dates, and job titles | Used to calculate your work credits and to understand how your condition affects your ability to work |
| Bank account information (SSI only) | Routing and account numbers if you have a checking or savings account | SSI payments are made by direct deposit only |
You do not need to have all your medical records in hand before you explore. Social Security will request them from your doctors after you file. However, you do need to know the names and addresses of the providers who have treated you, so make a list before you call.
If you are filing for SSI and you own a home, a car, or have savings, bring documentation of those assets. SSI has strict resource limits — currently $2,000 for an individual and $3,000 for a couple — so Social Security needs to verify what you own.
What Happens After You File: The Timeline
After you submit your process, Social Security sends it to New York's Disability information Services (DDS) office, which is a state agency that makes the medical decision on your case. This is separate from the local Social Security office where you filed.
The DDS office will request your medical records from your doctors and may order a consultative examination (a medical exam paid for by Social Security) if your records are incomplete. You will receive a notice if this happens, along with the name and address of the doctor who will examine you. This exam is free and does not obligate you to anything.
The entire process typically takes three to five months from the date you file. During this time, you will not hear much from Social Security unless they need additional information from you. If they do, they will send you a letter asking for specific documents or records.
When the DDS office makes a decision, Social Security sends you a notice in the mail. The notice will say whether you were approved or denied. If you were approved, it will include your benefit amount and your first payment date. If you were denied, the notice will explain the reason and tell you how to appeal.
Understanding a Denial and How to Appeal
Most first applications for disability are denied. This does not mean your condition is not serious — it means Social Security did not find enough medical evidence that your condition prevents you from working. Many people who are denied on their first process win on appeal.
If you are denied, you have 60 days from the date on your denial notice to file an appeal. Do not wait. If you miss this important date, you will have to file a new process and start over.
There are four levels of appeal. The first is called reconsideration, which means a different Social Security employee reviews your case and the medical evidence. You can file for reconsideration by calling 1-800-772-1213 or by visiting your local Social Security office. You can also submit new medical records or a letter from your doctor explaining why you cannot work.
If you are denied again at reconsideration, you can request a hearing before an administrative law judge. This is where most people win. At a hearing, you can present your case in person (or by phone or video), your doctor can testify about your condition, and you have a chance to explain to the judge why you cannot work. Many people hire a disability representative or attorney for the hearing, though it is not required.
The hearing process typically takes four to six months from the date you request it. After the hearing, the judge issues a written decision within a few weeks. If the judge denies you again, you can appeal to the Appeals Council, and then to federal court, but these later appeals are rare and usually only happen if there was a legal error in the earlier decision.
Working With a Disability Representative or Attorney
You can represent yourself throughout the entire disability process, and many people do. However, if your case is denied and you move to the hearing stage, working with a representative or attorney can significantly improve your chances of winning.
A disability representative is someone trained to help with Social Security cases. They can be attorneys, non-attorney advocates, or employees of disability organizations. They charge a fee only if you win, and the fee is set by Social Security — currently a maximum of 25 percent of your back pay (the money owed from the date you became disabled to the date you were approved), up to $7,200.
You can find representatives through the Social Security Administration's official list at www.ssa.gov/representation, or through disability organizations in New York such as the Disability Rights Council of New York or the Legal Aid Society. Many representatives will speak with you for free before you decide to hire them.
If you cannot afford a representative, you may still be able to get help. Some disability organizations in New York provide free representation to people with low income. Call 211 (a free referral line) and ask for disability representation services in your area.
Special Situations: Work Incentives and Continuing Disability Reviews
If you are approved for SSDI, you can continue to work and earn money while you receive benefits, up to a certain amount. This is called the Substantial Gainful Activity (SGA) limit, which changes each year. In 2024, the SGA limit is $1,550 per month. If you earn more than this amount, your benefits will stop, but you can still work — you just will not receive a check.
Social Security also has work incentive programs that allow you to test your ability to work without when ready losing your benefits. The most common is called Trial Work Period, which lets you work for up to nine months without any reduction in your SSDI benefit, regardless of how much you earn. After the trial work period ends, your benefits continue for three more months while you transition back to work or back to full benefits.
Once you are approved for disability, Social Security will periodically review your case to make sure you are still disabled. The frequency depends on your condition. If your condition is expected to improve, you may have a review every six to 12 months. If your condition is not expected to improve, reviews may be every three to seven years. You will receive a notice before each review, and you can submit updated medical records to show that your condition has not improved.
Frequently Asked Questions
Can I file for disability while I am still working?
Yes. You can file for disability at any time, even if you are currently employed. However, if you are earning more than the SGA limit ($1,550 per month in 2024), Social Security may assume you are able to work and deny your process. If you are working but your condition is getting worse, file anyway and explain in your process why you believe you will not be able to continue working.
What if I do not have medical records from a doctor?
You should see a doctor before you file if at all possible. Social Security bases its decision on medical evidence, and without records from a treating physician, your process is very likely to be denied. If you cannot afford a doctor, look for a free or low-cost clinic in your area. Call 211 or visit www.findahealthcenter.hrsa.gov to locate one near you.
How much will I receive if I am approved?
Your SSDI benefit amount depends on your work history and earnings record. The average SSDI benefit in New York is around $1,400 per month, but it varies widely. Social Security can give you an estimate when you file. SSI benefits are the same for everyone in New York — currently $943 per month for an individual — but your actual payment may be less if you have other income or resources.
What if I am denied and I cannot afford to appeal?
You can appeal for free. Social Security does not charge a fee to file an appeal or to request a hearing. If you want to hire a representative, they only charge if you win. If you cannot afford a representative, contact a disability organization in your area — many provide free help to people with low income.
Can I file for my child if they are disabled?
Yes. Children can receive SSDI based on a parent's work record, or SSI based on need. The process is similar to filing for yourself, but you will need to provide your child's medical records and proof of your relationship. Call 1-800-772-1213 to discuss your child's situation with a Social Security representative.