NEW YORK SOCIAL SECURITY DISABILITY ATTORNEY

Whether you have a valid Social Security claim depends on your situation and the type of benefits you are seeking. You may have a claim in New York, New York, if you:

• Have a severe, long-term medical condition that prevents you from working
• Are facing financial hardship and meet the resource limits for SSI
• Have a deceased spouse, parent, or other relative who worked and paid into Social Security
• Are approaching or have reached retirement age, and have a qualifying work history

Social Security claims can be difficult to navigate, especially if your application has been denied. Morgan & Morgan may be able to help if:

• Your condition was denied because it did not meet the SSA’s criteria
• You are unsure whether you qualify or have questions about work credits
• You need help gathering documentation or appealing a denied claim

The application process for Social Security Disability benefits can be complex, but it’s manageable with preparation:

• Gather required documents: Collect medical records, employment history, tax returns, and information about your condition.
• Complete the application: Apply online at the Social Security Administration (SSA) website, by phone, or in person at your local SSA office.
• Submit medical evidence: Provide comprehensive documentation from your healthcare providers to support your claim.
• Wait for a decision: It typically takes 6-9 months to receive an initial decision.

Failing to file correctly, filing an incomplete application, or missing a deadline can all hurt your chances for disability benefits. Working with an experienced attorney at Morgan & Morgan can help you file your claim correctly and within the applicable deadlines.

The timeline for receiving a decision on a Social Security Disability application can vary. An initial decision may take several months, while appeals can add additional time and, in some cases, may take much longer.

Your attorney can help you understand the potential timeline for your specific case, including what to expect during the application or appeals process.

No, you do not need a lawyer to sign up for Social Security Disability benefits, but having one can be highly beneficial. The process of applying for disability benefits can be complex, involving detailed paperwork, strict deadlines, and a strong need for comprehensive medical documentation. Many initial claims are denied due to incomplete applications or insufficient evidence. An experienced disability attorney can:

• Ensure accuracy: Help you complete your application thoroughly and accurately to avoid errors that lead to denials.
• Gather supporting evidence: Assist in collecting and organizing the medical records and other documents needed to strengthen your claim.
• Navigate complexities: Understand and explain Social Security Administration (SSA) rules, ensuring you meet all requirements.
• Advocate for you: Represent you during appeals, administrative hearings, or any stage of the process if your claim is denied.

At Morgan & Morgan, our Social Security Disability attorneys work on a contingency fee basis, which means you do not pay unless your claim is approved. While hiring a lawyer is not required, having legal representation can help strengthen your claim and improve your chances of a successful outcome.

There are two kinds of disability benefits available, depending on your circumstances and eligibility:

Supplemental Security Income (SSI)

• Eligibility: Your eligibility will be based on financial need. Requires limited income and assets.
• Funding source: Paid through general tax revenue, not Social Security taxes.
• Benefit amount: Varies by state and individual circumstances but is generally lower than SSDI.

Social Security Disability Insurance (SSDI)

• Eligibility: Your eligibility will be based on work history and earning sufficient credits through Social Security taxes.
• Funding source: Paid through Social Security payroll taxes.

Benefit amount: Higher than SSI and depends on your past earnings.

There are several steps you can take to help improve your Social Security Disability application, including:

• Provide thorough medical evidence: Include detailed medical records, diagnostic test results, treatment notes, and statements from your doctors.
• Stay consistent with treatment: Follow prescribed treatment plans when possible and keep records showing your ongoing care.
• Work with Morgan & Morgan: An experienced lawyer can help make sure your application is complete, accurate, and supported by the right documentation.

Be honest and detailed: Clearly explain how your condition affects your daily life, limits your ability to work, and impacts basic activities.

Eligibility for Social Security Disability benefits depends on:

• Work credits (for SSDI): Based on your age and work history, you must have earned enough credits through Social Security taxes.
• Income and assets (for SSI): Supplemental Security Income (SSI) is a needs-based program with strict income and resource limits.

Meeting these requirements is the first step toward securing benefits.

The Social Security Administration (SSA) has a specific definition of disability. To qualify, you generally must meet several requirements, including:

• You cannot perform substantial gainful activity (SGA): Your condition must prevent you from earning more than the monthly SGA limit.
• You have a severe impairment: Your condition must significantly limit your ability to perform basic work-related activities, such as walking, lifting, concentrating, or remembering information.
• Your condition is expected to last at least 12 months or result in death: Temporary or short-term conditions usually do not qualify.

Your condition meets SSA medical criteria: The SSA’s Blue Book lists medical conditions and criteria that may qualify for disability benefits. If your condition is not listed, you may still qualify, but you will need strong medical evidence showing the severity of your impairment and how it limits your ability to work.

Yes, you can apply online on the SSA website. Be prepared to upload medical records, work history, and personal information. It is recommended that you proceed with the help of an experienced attorney to maximize your chances of approval without delays. Speak to a member of our legal team today for help with a free case evaluation.

If your claim is denied, your attorney can appeal through these steps:

• Request for reconsideration: Submit additional evidence and corrections within 60 days.
• Administrative Law Judge (ALJ) hearing: Present your case before a judge.
• Appeals council review: Request a review of the judge’s decision.
• Federal court: As a final resort, file a lawsuit in federal district court.

Each stage requires careful preparation and adherence to strict deadlines.

Many applicants are denied Social Security Disability benefits the first time they apply. Common reasons for a denial may include:

• Insufficient medical evidence: Not providing enough documentation to show the severity of your condition.
• Failure to follow treatment plans: Not following prescribed treatment without a valid reason.
• Inadequate work history: Not having enough work credits to qualify for SSDI.
• Income above the allowed limit: Earning more than the SSA’s substantial gainful activity limit for SSI or SSDI.

Understanding these common issues can help you avoid mistakes during the application process. Working with an experienced attorney at Morgan & Morgan can also help strengthen your claim and improve your chances of a successful outcome.

Strong medical documentation can play a critical role in a Social Security Disability claim. Helpful records may include:

• Diagnostic tests: Imaging, blood work, or other objective test results.
• Physician notes: Detailed records from your doctor describing your symptoms, limitations, and overall condition.
• Treatment history: Documentation showing that you sought medical care and followed prescribed treatment when possible can help support your claim.

A statement from your doctor may also strengthen your case by explaining how your condition limits your ability to work.

The Social Security Administration periodically reviews disability cases to determine whether someone still qualifies for benefits. These reviews are known as Continuing Disability Reviews, or CDR

How often a review happens usually depends on whether the SSA expects your medical condition to improve. Some cases may be reviewed within a few years, while cases involving permanent or long-term conditions may be reviewed less frequently.

During a Continuing Disability Review, the SSA may look at updated medical records, treatment history, work activity, and other information related to your disability.

In some cases, a person may qualify for both Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) benefits at the same time. This is commonly referred to as receiving “concurrent benefits.”

SSDI is based on your work history and the Social Security taxes you paid while working. To qualify, you generally must:

• Have enough work credits based on your age and employment history
• Have a qualifying disability that prevents substantial gainful activity

SSI, on the other hand, is a need-based program for individuals with limited income and resources. To qualify for SSI, you generally must:

• Have limited income and assets
• Be disabled, blind, or age 65 or older

To receive both SSI and SSDI benefits, you must meet the medical requirements for disability while also meeting SSI’s financial limits. This often happens when someone qualifies for SSDI but receives a lower monthly benefit because of limited work history or lower lifetime earnings.

For example, if a person’s SSDI benefit is below the SSI payment limit, SSI may provide additional benefits to help supplement their monthly income.

There are also additional factors that may affect eligibility for concurrent benefits, including:

• SSI resource limits for individuals and couples
• Eligibility for Medicaid through SSI
• Eligibility for Medicare after receiving SSDI benefits for the required period

When you apply for disability benefits, the Social Security Administration (SSA) may evaluate whether you qualify for both SSDI and SSI through the same application process.

The Social Security Administration (SSA) uses a list of medical criteria, commonly known as the “Blue Book,” to evaluate disability claims. Certain severe conditions that meet these criteria may qualify for benefits more quickly or require less additional review.

Examples of conditions that may qualify include:

• Advanced cancers
• ALS, also known as Lou Gehrig’s disease
• Certain neurological disorders
• Serious heart conditions
• Severe mental health disorders
• Some genetic or autoimmune conditions

However, a diagnosis alone does not guarantee approval. The SSA also considers how severely the condition limits your ability to work and whether it is expected to last at least 12 months or result in death.

Medical records, treatment history, physician statements, and test results can be critical in supporting a disability claim. An experienced attorney can help evaluate whether your condition may meet the SSA’s eligibility requirements before you apply.

Yes. Certain mental health conditions may qualify for Social Security Disability benefits if they seriously limit your ability to work and meet the Social Security Administration’s definition of disability.

Qualifying conditions may include depression, anxiety disorders, PTSD, bipolar disorder, schizophrenia, autism spectrum disorders, and other serious mental health conditions. The SSA considers factors such as medical records, treatment history, the severity of your symptoms, and how your condition affects your daily life and ability to maintain employment.

Strong medical documentation from psychiatrists, psychologists, therapists, or other healthcare providers can be especially important in these claims.

Yes, it is possible to receive disability benefits while working part-time, but certain rules and income limits apply. The Social Security Administration (SSA) has guidelines to determine whether part-time work disqualifies you from receiving disability benefits. Here’s a breakdown:

Substantial Gainful Activity (SGA)

The SSA uses a concept called Substantial Gainful Activity (SGA) to evaluate your work. SGA refers to the level of income that demonstrates your ability to engage in significant work.

For 2026, the SGA limit is:

• $1,690 per month for non-blind individuals.
• $2,830 per month for blind individuals.

If you earn more than the SGA limit, you will generally not qualify for disability benefits, as the SSA assumes you can engage in substantial work.

Trial Work Period (TWP)

If you are already receiving Social Security Disability Insurance (SSDI), the SSA allows you to test your ability to work through a Trial Work Period without immediately losing your benefits.

During the TWP, you may earn any amount without affecting your SSDI benefits, as long as you report your earnings to the SSA.

The Trial Work Period lasts for nine months within a rolling 60-month period. In 2026, a month generally counts toward your TWP if your earnings exceed $1,210.

Extended Period of Eligibility (EPE)

After your Trial Work Period ends, you enter a 36-month Extended Period of Eligibility. During this time, you may still receive benefits for months when your earnings fall below the SGA limit.

If your earnings go above the SGA limit, your benefits may stop. However, they may be reinstated if your earnings later drop below the limit again.

Supplemental Security Income (SSI) and Part-Time Work

For SSI, part-time work may not disqualify you from benefits, but your income will affect your monthly payment.

• The SSA reduces SSI benefits by $1 for every $2 of earned income over $85 per month.
• SSI has strict resource and income limits, so maintaining low earnings is crucial to continue receiving benefits.

Work Incentives and Support Programs

The SSA offers work incentive programs to encourage individuals to work without fear of losing their benefits prematurely:

• Impairment-Related Work Expenses (IRWEs): Costs related to your disability that are necessary for you to work (e.g., transportation, assistive devices) can be deducted from your earnings when determining SGA.
• Ticket to Work Program: This free program helps disability beneficiaries receive training and support to transition back into the workforce.

Factors to Consider When Working Part-Time

• Physical and mental abilities: The SSA reviews your work activity to determine whether it suggests you may be capable of full-time work.
• Consistency of work: Occasional or limited work may not affect your benefits, but steady employment could cause the SSA to review your eligibility.

Reporting requirements: Always report your work activity and earnings to the SSA to help avoid overpayments, penalties, or other issues.

A disability representative is anyone legally permitted to represent you in a disability claim. Your representative may be a family member, lawyer, paralegal, or another legal professional with experience handling Social Security Disability cases.

Many people choose to work with a disability lawyer when pursuing Social Security Disability benefits. While other representatives may be able to assist, an attorney can offer important advantages when preparing, filing, or appealing a claim.

You can speak with a disability representative at Morgan & Morgan with no obligation or cost to you. Contact us anytime for a free case evaluation.

Morgan & Morgan’s Social Security lawyers work on a contingency fee basis, meaning there are no upfront fees or out-of-pocket costs to get started. With our Fee Is Free™ promise, you only pay if we win your case.

If we recover benefits or compensation on your behalf, our fee is taken as a percentage of the amount recovered. This allows you to move forward with your claim without paying attorney’s fees upfront.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our Social Security lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you gain access to the resources of America’s Largest Injury Law Firm™, with more than 1,000 attorneys nationwide and over 700,000 clients helped. Our firm has the experience and resources to handle complex injury claims.

Your case may be supported by a team that can include attorneys, paralegals, case managers, and other legal professionals working together to move your claim forward. You may also have a primary point of contact who can help answer questions and keep you informed throughout the process.

Social Security Disability claims can be complicated and often involve extensive medical documentation, strict deadlines, and detailed eligibility requirements. Morgan & Morgan has more than 1,000 attorneys nationwide and has helped clients pursue the benefits they may be entitled to seek.

Our attorneys understand the challenges people may face when applying for Social Security Disability benefits, especially after a denial or while managing serious medical conditions that make it difficult to work. We help clients prepare strong applications, collect supporting evidence, and move through the appeals process when needed.

Morgan & Morgan handles Social Security Disability claims on a contingency fee basis, which means there are no upfront fees and you only pay if your claim is successful. If you are considering applying for benefits or appealing a denial, contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.