Why Choose Hiller Comerford for Your Social Security Disability Claim
At Hiller Comerford Injury & Disability Law, we provide guidance every step of the way, helping you submit a strong initial application, understand your appeal options, and handle critical procedural details that impact your benefits. You work with the same Social Security disability lawyer in New York throughout your case, ensuring continuity and clear communication.
Expert Guidance for Your Initial Application
We help you determine eligibility for SSDI, SSI, or both, and guide you through completing forms accurately, gathering medical evidence, and documenting daily limitations. Our goal is to maximize the likelihood of approval the first time.
Support Through the Appeals Process
If your claim is denied, we explain your appeal options clearly, including reconsideration, Administrative Law Judge hearings, Appeals Council review, and federal court appeals. We ensure deadlines are met and evidence is submitted correctly so your appeal has the best chance of success.
Managing Special Considerations During Your Claim
We coordinate work-related injuries, multiple medical conditions, and retroactive benefit calculations. We also help navigate New York-specific procedures, including local SSA office requirements, hospital record requests, and vocational evaluations, to prevent delays and protect your financial support.
We Have a No-Fee Guarantee
You never pay us upfront. We only get paid if we win for you, so our success is directly tied to yours.
Free Case Evaluation
Speak with a lawyer at no cost. We’ll review your situation, explain your options, and help you understand the best path forward.
You’re More than a Case
We treat every client like family, taking the time to understand your story and guide you through every step with care and compassion.
Who Can Apply for Social Security Disability Benefits?
Social Security Disability benefits provide crucial financial support for individuals whose medical conditions prevent them from working. Two primary programs exist:
- Social Security Disability Insurance (SSDI): For workers who have paid into Social Security through their employment.
- Supplemental Security Income (SSI): For individuals with limited income and resources, including older adults or those who have not worked enough to qualify for SSDI.
Understanding which program applies is essential. Applying under the wrong program or failing to meet eligibility criteria can result in denials and long delays. Our Social Security disability attorneys provide clarity, review your work history, assess your financial situation, and ensure you pursue the benefits you are entitled to.
How Does the SSA Determine Eligibility?
When you apply for Social Security Disability benefits, the SSA evaluates your claim by looking at your medical condition, work history, and ability to perform tasks. The first thing they consider is whether you are currently working or earning above the substantial gainful activity (SGA) limit. If you are able to work at this level, you generally will not be considered disabled.
Next, the SSA examines the severity of your condition. Your medical issues must significantly limit your ability to perform basic work activities and be expected to last at least 12 months or result in death. They review medical records, treatment notes, and diagnostic tests to make this determination.
SSA also compares your condition to its official List of Impairments. If your condition matches or equals one on the list, you may automatically qualify for benefits. If it does not, the SSA will consider whether you can perform the work you did previously. If you cannot return to your prior job, they will then assess whether there is other work you could perform, taking into account your age, education, skills, and functional limitations.
Because SSA evaluates every detail of your claim, having an attorney involved from the very beginning is crucial. A Social Security disability lawyer ensures that your application is complete, all medical evidence is submitted correctly, and no critical information is overlooked.
How to Apply for SSDI or SSI Benefits in New York
Applying for Social Security Disability benefits in New York requires careful attention to eligibility, documentation, and submission procedures. In fact, recent data shows that only about 41 percent of initial applications in New York are approved, underscoring how important it is to follow each step correctly to increase your chances of success and reduce delays.
Step 1: Determine Which Program Applies
Social Security Disability Insurance (SSDI) is for workers who have paid into Social Security through their employment. Supplemental Security Income (SSI) is for individuals with limited income and resources, including older adults or those who have not worked enough to qualify for SSDI. Some applicants may qualify for both programs. Understanding the types of disability benefits available and knowing which program applies helps avoid delays or filing errors.
Step 2: Gather All Required Documentation
Before submitting your application, collect all supporting materials:
- Medical records and treatment notes from all relevant providers, including local New York hospitals and clinics
- Detailed work history, including dates and types of employment
- Statements describing how your condition limits your ability to work and perform daily activities
- Personal information such as income, assets, and household composition
Missing or incomplete documentation is one of the most common reasons initial claims are denied.
Step 3: Complete and Submit Your Application
You can file your SSDI application online at SSA.gov if you are over 18 and not requesting concurrent SSI. SSI applications in New York generally require a phone call to SSA or an in-person appointment at your local SSA office. When completing your application, accuracy is critical: every section must be filled out completely, and all supporting documentation must be attached.
Step 4: Track Your Application and Respond Promptly
After submission, you will receive confirmation from SSA. You can track your application online or contact your local New York SSA office. Respond quickly to any requests for additional information to avoid delays or missed deadlines.
Step 5: DDS Review and Determination
Once SSA forwards your application, the New York Disability Determination Services (DDS) reviews it. DDS may request additional medical records from your providers or schedule an independent medical examination at a local facility. DDS evaluates whether your condition meets SSA’s criteria for disability. Initial determinations typically take 3–5 months, though some cases may take longer depending on complexity.
Even minor errors or missing records can lead to delays or outright denials. A Social Security disability attorney can guide you through every requirement, help gather and organize your medical records, and ensure your application clearly communicates your functional limitations. Proper legal assistance increases the chances that SSA will approve your claim or provides a stronger basis for appeal if your initial application is denied.
What Happens After the Initial Determination?
After the Social Security Administration (SSA) reviews your application and the New York Disability Determination Services (DDS) completes its evaluation, you will receive an initial determination. This decision can take several months, typically three to five, depending on the complexity of your case and the SSA office’s workload.
If Your Application Is Approved
If your application is approved, your notice will include the amount of monthly benefits you are entitled to, the date your benefits begin, and any back pay owed. You may also receive information on potential family or dependent benefits if applicable. Approval at this stage is the fastest way to start receiving financial support, but it’s still important to review the determination carefully to ensure that the benefit calculation and eligibility period are accurate.
If Your Application Is Denied
If your application is denied, it is not the end of your claim. Denials are common at the initial stage, especially for first-time applicants. The notice will explain the reason(s) your claim was denied, which could include insufficient medical evidence, incomplete documentation, or questions about your ability to perform past or other work. New York applicants have the right to appeal through several layers:
- Reconsideration – A new SSA reviewer examines your claim and any new evidence. Some states, including New York under certain pilot programs, may move applicants directly to the hearing stage, bypassing reconsideration.
- Administrative Law Judge (ALJ) Hearing – If reconsideration does not result in approval, you can request a hearing before an ALJ. This hearing allows you to present additional medical evidence and testimony.
- Appeals Council Review – If the ALJ denies your claim, you can request a review by the SSA Appeals Council, which can affirm, reverse, or remand the ALJ decision.
- Federal Court – If all previous steps fail, you may file a lawsuit in U.S. District Court. This is generally the final option and can be complex, making early legal guidance essential.
Even if your claim is initially approved, SSA may request periodic reviews or updates to ensure continued eligibility. Having an attorney involved from the beginning helps ensure that every step of the process is handled correctly, whether your claim is approved or denied, maximizing your chances of receiving the benefits you deserve.
How Our Social Security Disability Attorneys Can Help
Having an attorney involved from the beginning can make a meaningful difference. Our team at Hiller Comerford Injury & Disability Law works to reduce stress, prevent errors, and make sure no part of your claim is overlooked.
✓ Gather medical evidence to support the severity of your condition
✓ Ensure deadlines and procedural requirements are met
✓ Coordinate with doctors and vocational experts
✓ Represent you at hearings and cross-examine witnesses
✓ Monitor benefit calculations for accuracy
Our involvement reduces stress, avoids errors, and improves the likelihood of receiving full and timely benefits. The goal is simple: to help you move through the Social Security disability process with clarity, confidence, and the strongest chance of receiving the benefits you deserve.
Common Mistakes During the Application Process
Many applicants face initial denials due to missing information, inconsistent records, or a perceived lack of severity in their condition. These denials are often procedural rather than substantive. Common reasons include:
- Missing or incomplete medical evidence
- Miscommunication about the impact of your condition
- Errors in documenting work history or daily limitations
Working with an attorney reduces the risk of common mistakes, ensures documentation is complete, and helps present your condition in a way SSA recognizes as qualifying. Legal guidance can shorten timelines, prevent repeated denials, and make the appeals process less stressful.
Frequently Asked Questions
Applying for Social Security Disability benefits can be confusing and overwhelming. These FAQs address common concerns and provide guidance for New York residents going through the SSDI and SSI application and appeals process.
How much does it cost to hire a Social Security Disability lawyer?
Our firm handles Social Security Disability cases on a contingency fee basis. This means there are no upfront costs to hire us, and legal fees are only discussed if your claim is successful. During your free initial consultation, we explain exactly how the fee structure works, answer any questions about payment, and make sure you understand what to expect before moving forward.
How long does it take for Social Security Disability to make a decision?
In New York, an initial decision on a Social Security Disability application typically takes about three to five months. The exact timeline depends on how complex your medical condition is, how quickly medical records are received, and whether the New York Disability Determination Services needs additional information or examinations. Some cases take longer, particularly when multiple medical providers or conditions are involved.
How do I know if my SSDI or SSI claim is approved?
If your claim is approved, you will receive a written notice from the Social Security Administration by mail. The notice explains your approval, the amount of your monthly benefit, your benefit start date, and whether you are entitled to back pay. You may also see your approval status by checking your online SSA account. It is important to review the notice carefully, as errors in benefit calculations can occur.
What is the highest amount of Social Security Disability you can receive?
The maximum SSDI benefit is based on your lifetime earnings and Social Security contributions, not a fixed statewide amount. Each year, SSA sets a national maximum benefit, but most recipients receive less than that amount. SSI benefits are capped at a federal maximum rate and may be reduced depending on income, resources, or living arrangements. Your approval notice will explain how your specific benefit amount was calculated.
Can I apply for both SSDI and SSI at the same time?
Yes. Some New York applicants qualify for both SSDI and SSI, which is known as a concurrent claim. SSDI eligibility depends on work credits, while SSI is based on financial need. Filing for both programs at the same time can help ensure you receive all benefits you may be entitled to, but the application process can be more complex.
Can I work while my Social Security Disability claim is pending?
Limited work may be allowed while your claim is pending, but earning more than the substantial gainful activity limit can lead to a denial. Even work below that threshold can raise questions about your ability to work. Because these rules are strict and fact-specific, it is important to understand how any employment could affect your claim before continuing or starting work.