New York Social Security Disability Attorney

When an illness or injury prevents you from working, Social Security Disability benefits can provide critical financial support for you and your family. Unfortunately, getting approved for SSDI or SSI is rarely simple. Applications are often denied, decisions can take months, and the appeals process comes with strict deadlines.

At Hach & Rose, LLP, our New York Social Security Disability attorneys, help clients pursue the benefits they need. We handle every stage of the process, from the initial application and reconsideration through administrative hearings and federal court appeals.

We know how stressful it can be to wait for a decision while medical bills and household expenses continue to pile up. Our disability lawyers work on contingency, so you pay no attorney's fee unless we recover benefits for you. For nearly 25 years, we've helped disabled New Yorkers navigate the Social Security system and build stronger claims based on their medical records, work history, and ability to function.

Why Choose Hach & Rose, LLP?

For nearly 25 years, Hach & Rose, LLP has represented people facing serious injuries, disabilities, and other life-changing circumstances. Our attorneys bring the same thorough approach to Social Security Disability claims that we use in complex litigation.

A strong disability claim requires more than submitting paperwork. We work to develop the medical and vocational evidence needed to show how your condition affects your ability to work. That can include obtaining records from treating physicians and specialists, reviewing functional limitations, addressing gaps in medical evidence, and preparing clients for hearings.

We understand that every disability case is different. Some clients are applying for benefits for the first time. Others have already been denied and need help with an appeal. Whatever stage you're in, our goal is to understand your circumstances and build the strongest case possible.

Our team serves clients throughout New York City and surrounding areas. We also have staff who speak English, Spanish, and Polish.

Call (646) 933-0421 for a free, no-obligation consultation.

SSDI vs. SSI: What's the Difference?

Social Security Disability encompasses two distinct programs serving different populations. Understanding their differences helps determine which benefits you might qualify for and how to proceed with your claim.

Some people qualify for both SSDI and SSI. Because eligibility depends on your work history, finances, medical condition, and other factors, it's important to look at the programs together rather than assuming you qualify for only one.

Benefit amounts and income and resource limits can change each year. We can help you understand the rules that apply to your situation.

How Social Security Determines Disability

The Social Security Administration uses a five-step sequential evaluation when deciding whether an adult is disabled.

1. Are you working?
SSA first considers whether you're engaging in substantial gainful activity (SGA). Earning above the applicable SGA limit can affect eligibility.

2. Do you have a severe impairment?
Your medical condition must significantly limit your ability to perform basic work activities and must have lasted, or be expected to last, at least 12 months or result in death.

3. Does your condition meet or equal a Listing?
SSA compares certain medical conditions against its Listing of Impairments. Meeting the requirements of a listing can result in a finding of disability.

4. Can you perform your past work?
If your condition doesn't meet a listing, SSA considers your residual functional capacity (RFC) and whether you can perform work you've done in the past.

5. Can you perform other work?
Finally, SSA considers whether you can adjust to other work based on factors such as your RFC, age, education, and work experience.

This is why a diagnosis by itself isn't always enough. Your claim should explain what you can and cannot do consistently in a work setting.

What Disability Benefits Can You Receive?

SSDI benefits are based on your covered earnings and work history. SSI provides a federally established benefit amount that is adjusted periodically, and New York may provide an additional state payment to eligible SSI recipients.

SSDI Back Pay

If you're approved for SSDI, you may be entitled to past-due benefits. The amount depends on factors including your established onset date, application date, and the applicable waiting period.

Determining the correct onset date can be important. Medical records, employment history, treatment records, and statements about when your condition began affecting your ability to work may all help establish the timeline.

SSI Back Pay

SSI generally cannot be paid for periods before the application date. The amount you ultimately receive can also depend on your income, resources, and living arrangements.

Because Social Security uses detailed rules to calculate benefits, we can review your circumstances and explain what benefits may be available.

Why Social Security Disability Claims Are Denied

A denial doesn't necessarily mean you aren't disabled. Many claims are denied because SSA does not have enough evidence to establish the severity of the condition or its effect on the claimant's ability to work.

Common problems include:

• Medical records that establish a diagnosis but don't explain functional limitations
• Missing or incomplete treatment records
• Gaps in medical care that aren't adequately explained
• Inconsistent statements about symptoms or daily activities
• Evidence that doesn't establish how long the impairment has limited your ability to work
• Failure to provide requested information or attend a consultative examination
• Missing an appeal deadline

Age can also matter. SSA's Medical-Vocational Guidelines recognize that adjusting to different work can become more difficult as a person gets older. The same medical limitations may have a different effect on eligibility depending on age, education, work history, and other factors.

Building a Strong Disability Claim

The most useful evidence connects your medical condition to your ability to function.

Medical Evidence

Your claim may include:

• Treatment records from primary care doctors and specialists
• Hospital and emergency room records
• Imaging and other objective testing
• Medication history and side effects
• Mental health treatment records
• Specialist evaluations
• Evidence showing whether treatment has improved your condition

A diagnosis is important, but SSA also needs to understand what that diagnosis means in practical terms. For example, can you sit, stand, walk, lift, concentrate, remember instructions, maintain a schedule, or interact with coworkers consistently?

Functional Evidence

Functional evidence can help explain those limitations. Depending on the case, this may include:

• Residual Functional Capacity assessments
• Statements from treating physicians
• SSA function reports
• Statements from family members, friends, or former coworkers
• Work history showing declining performance or increased absences
• Documentation of accommodation or reduced duties

Consistency matters. Your medical records, application, function reports, and testimony should present an accurate picture of how your condition affects you on a typical basis, not just on your best days.

What Happens After a Disability Denial?

If SSA denies your claim, don't assume the case is over. There are several levels of appeal, and acting quickly is important.

You generally have 60 days to request reconsideration after receiving a denial. If reconsideration is unsuccessful, you may request a hearing before an administrative law judge. Further appeals can include review by the Appeals Council and, in appropriate cases, federal court review.

The evidence may also need to be updated as your case moves forward. Continuing medical treatment and providing new records can help document how your condition has progressed or why your limitations continue.

Preparing for a Disability Hearing

A hearing gives you an opportunity to explain, in your own words, how your condition affects your ability to work. Preparation is important.

Your attorney may review:

• Your medical history
• Your past work
• Your daily activities
• Your functional limitations
• Questions the administrative law judge may ask
• Testimony from vocational or medical experts, when applicable

We help clients understand what to expect and prepare them to give clear, honest answers.

Social Security Disability and Workers' Compensation

Receiving workers' compensation or other disability benefits can affect the amount of SSDI you ultimately receive.

For example, SSDI may be subject to an offset when combined with certain workers' compensation or public disability benefits. Private long-term disability policies may also contain their own offset provisions.

These calculations can be complicated. If you've received workers' compensation or long-term disability benefits, tell your attorney so the potential impact can be evaluated as part of your case.

Work Incentives and Continuing Disability Reviews

Being approved for disability doesn't necessarily mean you can never attempt to work again.

SSA has work incentive programs designed to allow some beneficiaries to test their ability to return to work while retaining certain benefits. The Ticket to Work program and Trial Work Period are examples.

SSA may also conduct Continuing Disability Reviews (CDRs) to determine whether a person remains disabled. If you receive a CDR notice or request for information, respond promptly and continue following your medical treatment plan.

New York Social Security Disability Claims

New York disability claims are handled through the same federal Social Security system as claims elsewhere in the country, but local claimants still face practical challenges involving field offices, hearing offices, case volume, and processing times.

Hach & Rose, LLP represents clients throughout New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as surrounding communities.

Our attorneys understand the importance of keeping a case moving, meeting SSA deadlines, responding to requests for information, and preparing thoroughly for hearings.

New York residents who qualify for SSI may also be eligible for a state supplemental payment. The amount can vary depending on factors such as living arrangements and location.

Get Help With Your New York Social Security Disability Claim

Applying for Social Security Disability benefits can be overwhelming, particularly when you're already dealing with an illness or injury that prevents you from working.

You don't have to navigate the process alone.

Hach & Rose, LLP helps disabled New Yorkers pursue SSDI and SSI benefits at every stage of the process. We'll review your circumstances, identify the issues that may affect your claim, and explain your options.

Our Social Security Disability attorneys work on contingency, so there is no attorney's fee unless we recover benefits for you, subject to the fee rules that apply to Social Security cases.

Call Hach & Rose, LLP at (646) 933-0421 for a free consultation. Let us help you understand your rights and determine the next step for your disability claim.