Tuesday, April 23, 2024

How Much Is Social Security Disability In New York

Disability Income Thresholds Are On The Move

Can you work if you are receiving Social Security Disability benefits?

Social Security’s disability income thresholds represent another big change that officially takes hold today.

When most people think about Social Security, they rightly think of the more than 48 million retired workers, and the 2.7 million spouses and children of these retirees, who receive a monthly benefit. But Social Security also plays a key role in supporting the long-term disabled. As of November, 8.88 million disabled workers were receiving a monthly Social Security check that averaged $1,364.

To continue receiving a Social Security disability benefit each month, workers can only bring home so much in earned income. For non-blind disabled workers, benefits would be stopped in 2022 for earned income above $1,350 per month. For blind disabled workers, this monthly threshold was set at $2,260 last year.

Having turned the page to 2023, non-blind disabled workers will be able to earn $1,470 per month without having their benefits halted. Meanwhile, blind disabled workers will see a $200 per month increase in their earnings thresholds to $2,460.

New Yorks Temporary Disability Benefits Law

New York law requires employers to provide short-term disability coverage to their employees. This insurance provides partial wage replacement to employees who are temporarily unable to work for any reason, including pregnancy.

An employee is entitled to collect these short-term disability benefits only while she is actually unable to work due to pregnancy or childbirth. An employee who is unable to work more than four to six weeks prior to giving birth or continues to be unable to work more than four to six weeks after giving birth may have to submit additional medical documentation to support her claim. The maximum period of disability under the law is 26 weeks.

For more information on New Yorks pregnancy disability leave rules, see New York Short-Term Disability and Pregnancy.

How Much Backpay Will I Receive


You will receive back pay based on what is called your entitlement date.

For SSD, your entitlement date is generally five full months after your date of disability onset or twelve months before the date you submitted your application, whichever is later.

Social Security will determine the date of onset of your disability based on the medical evidence the agency has collected about you from your doctors and from hospitals that have treated you. Having to wait five months before getting any benefits basically means your first five months of benefits are withheld.


For SSI benefits, even if your disability began before you applied for benefits, your official date of onset will be sometime after the date you applied. This is because no benefits are paid to SSI recipients for periods before an application for benefits was submitted. Your back payment will be paid from the month after your application date through the date benefits are awarded to you.

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New York Division Of Disability Determinations

Division of Disability Determinations is the office that handles medical determinations on Social Security disability claims in New York. The main office for DDD is located in Albany. You can contact the toll free number below to locate the office closest to you. After your initial application, your questions should be directed towards DDD. Here is the main contact information for DDD.

Division of Disability DeterminationsOffice of Temporary and Disability Assistance PO Box 165

In New York, for fiscal year 2018, DDD examiners approved 39% of the initial disability applications that came to DDS.

How Far Back Will My Benefits Go

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Your benefits should begin with the month of the date of entitlement in your case. Many people ask why benefits dont begin on the date they were found disabled. Social Security disability benefits never begin on the date one is found disabled because of the waiting period of five full calendar months. Another rule limits payment of back benefits to 12 months before the date of the application. Therefore, your benefits begin either 12 months before the date of application or five full months after the date you were found to be disabled, whichever is later.

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Please Answer A Few Questions To Help Us Determine Your Eligibility

While Social Security disability insurance and Supplemental Security Income are administered by the federal government according to federal law, in New York State, there are a few differences in the approval rates and in the amounts of the SSI monthly payment. Whether youve filed a disability claim in New York or youre about to file a claim with Social Security and you live in New York, here are some things you should know.

When Can I Apply For Ssd

You can apply for Social Security disability benefits immediately after becoming disabled. However, the disability benefits will not begin until the sixth full month of your disability. This waiting period begins with the first full month after claiming your disability status. Thus, its important to apply as soon as possible if you want coverage soon.You can receive supplemental security income for the full month after filing your disability claim if you are eligible.

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When Do You Receive Ssdi Payments

There is a waiting period before you can receive SSDI. You must have been disabled for five months before you can get benefits. If SSA approves your application, youll start getting paid the sixth full month after you become disabled.

The monthly date for SSDI payments depends on your birth date:

  • If you were born between the first and tenth of the month, your benefits would come on each second Wednesday.
  • If you were born between the 11th and 20th of the month, you would receive your benefits on the third Wednesday.
  • If your birthday is between the 21st and the last day of the month, youd get your benefits on the fourth Wednesday.

Each monthly payment will be for the previous months benefits. For example, you will receive your benefits for January in February. If you receive both SSI and SSDI benefits, the SSA will pay them together on the third day of every month.

Many people struggle when applying for disability benefits. Its often difficult to get approval, even if you know you qualify. Talk to a Social Security Disability lawyer to get help with your claim or an appeal.

John Foy & Associates can help. To get a FREE consultation, call or contact us online today.

Taxable Income And Ssdi

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SSDI benefits are reduced as you earn money and when you file taxes annually, you will have to claim your W-2 or self-employed income as well as any SSDI earnings. Additionally, if you file a joint tax return, the amount of tax you may be required to pay on SSDI payments will be determined by the combined joint income on your taxes.

SSDI Tax Exemptions

The portion of your SSDI which may be excluded from taxes is as follows:

  • If you are single, a head of household, if you are married filing a separate return or if you and your spouse did not live together and your income is less than $25,000 none of your benefits will be taxed.
  • If you are married and filing a joint return, you will not pay any taxes on your SSDI benefits if your combined income is less than $32,000.

When Am I Required to Pay Taxes on My SSDI Benefits?

If your income exceeds these levels, you may be required to pay taxes on up to 50 percent of the benefits you received under SSDI. Keep in mind, there are often different rules that apply to those beneficiaries who are collecting SSDI payments because they are legally blind.

Higher income households may be required to pay additional taxes on SSDI income. Up to 85 percent of SSDI income is taxable if you combine one-half of the benefits you received under SSDI and other income which would be taxable as follows:

Any year, in which you collect SSDI benefits, you will be issued a Form SSA-1099 for use in preparing your taxes.

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What Is The Difference Between Ssi And Ssdi

Both SSI and SSDI provide income for those in need. However, each program has different requirements. According to the Georgia Department of Public Health , SSI pays disability benefits to:

  • Disabled adults with low income and few assets
  • Disabled children with low income and assets
  • Adults age 65 and older who meet certain financial requirements

Those on SSI would have difficulty paying for necessary living costs without benefits. SSI benefits depend on financial needs and disabilities. If you apply for SSI, the SSA will look at your earned income and assets. It will also see if you have a medical condition that will last for at least 12 months.

SSDI is only available to those who have paid into Social Security taxes. If you earned wages or self-employment income, you have probably contributed to Social Security. If you have enough work credits from paying into taxes, you might be eligible for SSDI benefits.

Like SSI, you must have a disabling condition to qualify for SSDI. The severity of your condition does not determine how much SSI or SSDI pays.

How Is Disability Determined

The SSA maintains a large database of physical conditions, emotional or mental conditions, and illnesses or syndromes that it considers too disabling to work. Although the database contains hundreds of different conditions, most of them fall into one of the general categories described below.

  • Back injuries or painful conditions such as degenerative disc disease, bulging disc, or herniated disc
  • Blood vessel and heart disorders such as coronary heart disease and multiple heart attacks
  • Breathing problems such as asthma and severe sleep apnea
  • Cancer, particularly if it is expected to cause your death
  • Central nervous system and neurological disorders such as epilepsy and Parkinsonâs disease
  • Digestive disorders such as ulcerative colitis
  • Emotional and mental problems including depression, anxiety, and post-traumatic stress disorder as well as cognitive issues due to brain injury
  • Immune system disorders such as lupus
  • Impairments of bones, joints, or muscles, which may include conditions like carpal tunnel syndrome or osteoarthritis
  • Syndromes such as Chronic Fatigue Syndrome

Some conditions are more difficult to qualify for disability than others due to a lack of solid medical evidence about how disabling they can be. A New York disability lawyer from our firm is prepared to take your case no matter what your condition.

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Social Security Disability Attorneys In New York Who Take A Stand For The Injured And Disabled

New Yorkers are known for being hard workers with a strong sense of independence and self-sufficiency. So when an injury or illness has them laid up or out of work for a time, they often don’t realize they can receive benefit payments from the Social Security Administration to help them make ends meet. Social Security isn’t only a retirement program it’s a disability program as well. You paid taxes on your earnings while you were working and you have the right to collect disability benefits from Social Security if you can’t work. If you are suffering from car accident injuries, a serious illness such as cancer, a workplace back injury or anything that keeps you from working, you may be eligible for SSD benefits, which can help you recover and get back on your feet.

What Types Of Disabilities Can Qualify Me For Social Security Disability Benefits

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Almost anything severe enough to keep you out of work. Some of the most common disabilities that qualify for SSI include:

  • Spinal disorders, including herniated cervical or lumbar discs, spinal stenosis, arthritis, osteoporosis, compression fractures
  • Rheumatoid arthritis, lupus, fybromyalgia, chronic fatigue syndrome, HIV, AIDS
  • Amputations, multiple fractures requiring surgery, reflex sympathetic dystrophy, chronic regional pain disorder
  • Asthma, emphysema, asbestosis, sleep apnea, chronic obstructive pulmonary disease
  • Heart attacks, angina, bypass surgery, congestive heart failure, enlarged heart, aneurysm, valve disease, heart transplant
  • Chronic liver disease, cirrhosis, hepititus, ascites, colitis, Crohns disease, diverticulosis, pancreatitis
  • Kidney disease, anemia, leukemia, polycythemia, lymphoma, myeloma, sickle cell anemia
  • Sklerodema, burns, psoriasis, atopic dermatitis, melanoma, hydradenitis, skin cancer
  • Diabetes, obesity, neuropathy, retinopathy, thyroid diseases, peripheral vascular disease, high blood pressure
  • Seizure disorder , multiple sclerosis, Parkinsons disease, myasthenia gravis, brain tumor, ALS, alzheimers
  • Depression, anxiety, bi-polar disorder, post-traumatic stress disorder , ADHD, ADD, schizophrenia
  • Substance abuse, alcoholism, prescription pain addiction, personality disorders, mood disorders

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How Much Can I Make While On Social Security Disability

Social Security Disability benefits help support disabled workers who become too ill or injured to work full time because of a physical or mental impairment. The amount each recipient gets in their monthly SSD benefit payment varies, depending on their lifetime average annual taxable income. But no matter how much each person receives, SSD was not intended to fully support a workers family by itself. Most SSD recipients need to obtain help from other public programs, or they work to earn enough to keep their heads above water.

How Do You Apply For Disability In Ny

There are two ways to apply for disability benefits in New York. You can either apply online at or you can apply in person at a local Social Security office. Schedule an appointment by calling 1-800-772-1213 between 7:00 AM and 7:00 PM Monday through Friday or show up at the office without an appointment. To apply for disability online, you have to meet the conditions listed below:

The applicant must be 18 years of age or older.

The applicant must not be able to work due to an unexpected medical condition that will likely last for at least 12 months or result in death.

The applicant must not be currently receiving benefits through their own Social Security record.

The applicant must not have been denied benefits for a disability within the preceding 60 days.

If the application was denied recently, there is an Internet Appeal application that the applicant can use to request a review of the denial determination that was made.

Once an applicant has applied for disability, they can then apply for Supplemental Security Income online if certain requirements are met. An applicant is eligible to file for SSI if they meet the following requirements:

The applicant must be between the ages of 18 and 65 years.

The applicant should not have ever been married.

The applicant must not be blind.

The applicant should not have applied for benefits or received benefits in the past.

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Do I Need A Disability Insurance Lawyer To Help Me

As you can see, navigating the SSDI application process and forming the best application possible to maximize your chances of approval is difficult at best. Thats why having skilled disability insurance lawyers on your side can mean the difference between receiving SSDI benefits and being overlooked.

Experienced disability insurance litigators can show you what you need to include on your application to get it through the SSA as quickly as possible, and make sure you dont make errors that can frustrate the process. Furthermore, they can advise you regarding part-time work and other earnings options while you wait for your disability benefits application to go through the SSA. This will prevent you from accidentally disqualifying yourself based on work performed during the waiting period.

Furthermore, the best disability insurance lawyers can help expedite the disability process, making the waiting period less difficult than it might otherwise be.

New York Reconsideration Approval Over Time

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Reconsideration Approval Rate

As the table and the below chart indicate, New York is ahead of the national average when it comes to approvals at the Hearing level. In 2021, New York ranked 5th in the nation for highest percentage of approvals at Hearings. Even so, these still are not great chances. However, as youll see below, all individual hearing offices in New York are not the same each office has its own approval rates, and almost as importantly, waiting times. Which hearing office your case is assigned to in New York may have a significant bearing on your chances for approval.

Also worthy of note is the fact that past performance is only one indicator of likely outcomes as new data comes in, you might see that a states performance compared to the national average has either improved or weakened.

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Will I Have To Pay Taxes On The Social Security Disability Benefits I Receive

Probably not, but this depends on the amount of your total income. Most people wont have to pay taxes on their Social Security disability benefits. Couples whose combined incomes exceed $32,000 and individuals with income exceeding $25,000 will pay income tax on a portion of their Social Security disability benefits. The IRS has an odd way of figuring out total income for this rule. The IRS uses adjusted gross income as reported on Form 1040, plus one-half of the total Social Security benefits received for the year, plus non-taxable interest.

Single people with incomes over $34,000 and married people with incomes over $44,000 pay tax on a higher percentage of their Social Security disability benefits.

Heres an odd thing: People whose Social Security benefits are reduced because of the workers compensation offset or offsets for other public disability benefits must count the amount of Social Security benefits not paid when determining taxability of their benefits. But if a child receives benefits on a parents account, those benefits count only for determining if the child must pay taxes on Social Security benefits received.

Tax law is very complex. Please talk to a tax specialist if you have any questions about taxes on your Social Security benefits.

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