Relief from financial hardship that comes from being unable to work because of a disabling illness or injury may be available in the form of cash payments through state and federal disability programs in New York. If you have a short-term disability in NY caused by an injury or illness that is not work related, you may be eligible for up to 26 weeks of benefits.
A disability expected to last longer than a year could make you eligible for Supplemental Security Income or Social Security Disability Insurance programs, which are federal programs administered by the Social Security Administration. SSI and SSDI are separate programs with their own eligibility guidelines.
Use the information in this article to get an overview of the disability programs available to you and to become familiar with the process you must go through to apply for disability in NY. Before applying for benefits, speak to an advocate or disability lawyer at London Eligibility for guidance and skilled representation.
How to apply for disability in NY
To be eligible to apply for temporary disability in NY you must be under the care of a physician or other healthcare professional for treatment of a medical or mental health condition, including pregnancy, that prevents you from working. Disability benefits through the state program are not available for work-related injuries or illnesses, which would be covered under the state’s workers’ compensation program.
The payments available through the state disability program are limited to 50% of your average weekly earnings during the eight weeks that you worked immediately before onset of the disability. However, the maximum weekly benefit is $170, and you can only receive payments for up to 26 weeks during any 52-week period.
A state website describes how to apply for disability in NY, but there are a few things you should know about the process to avoid delays or missing out on benefits:
- 1). Claims must be filed within 30 days from when you become disabled.
- 2). If you worked within four weeks of the onset of your disability, the claim for disability benefits must be filed with either your employer or your employer’s temporary disability insurance company.
- 3). If you have not worked within four weeks of the onset of the disability and receive unemployment benefits, you must file your disability claim with the New York State Special Fund for Disability Benefits.
Working with an experienced disability lawyer ensures that deadlines for claims are met and that your application goes to the right place.
Social Security disability options
When you are disabled and unable to work because of a physical or mental health impairment that is expected to last for a year or more, you need more than temporary disability benefits can offer. The Social Security Administration has two programs paying disability benefits: Social Security Disability Insurance, more commonly known as SSDI, and Supplemental Security Income or SSI.
The SSDI program requires that an applicant must have worked for a long enough duration and paid Social Security taxes on the income earned working at jobs or through self-employment. SSI, on the other hand, does not have a work requirement for eligibility. In fact, benefits are available to blind or disabled adults and children or to non-disabled or blind individuals aged 65 and older. However, SSI is a need-based program, so the amount of income that you may have from sources other than SSI and the value of resources or assets that you may own are subject to strict limitations.
Before applying for benefits through SSDI or SSI, it’s a good idea to speak with a disability advocate or SSD lawyer at London Eligibility to review the eligibility guidelines and match them against the facts and circumstances of your claim. Keep in mind that even if you meet the non-medical requirements for a program, the disability definition that Social Security uses to evaluate your medical condition to determine whether you are disabled and eligible for benefits is based on total and long-term disability.
According to the definition that adults must meet when applying for SSI and SSDI, you are disabled only if you meet all of the following conditions:
- 1). You have a medically determinable physical or mental condition that prevents you from working, and the condition or a combination of conditions is expected to last for at least 12 months or result in death.
- 2). Your medical condition prevents you from doing any type of work that you did in the past.
- 3). You are unable to adjust to another type of work given your disability, education, work experience and age.
An SSI lawyer can determine whether your medical records provide the evidence needed to prove the existence of a disability meeting the SSA definition. If you are unsure about your work record, an SSDI lawyer can access your work and earnings records for you.
Contact London Eligibility for help
Applying for SSI and SSDI is a relatively easy process that may be accomplished online, over the phone, or in person at a Social Security field office. However, more than two-thirds of the applications for SSD benefits are denied. Working with a disability advocate or SSD lawyer at London Eligibility gives you access to unsurpassed knowledge and experience to improve the chance of a successful outcome. Contact us today for a free consultation.