New Mexico residents have several options for obtaining disability benefits to provide support when they're no longer able to do a substantial amount of work. Benefits are available through two federal programs administered by the Social Security Administration or—if their injury or illness occurred on the job—through workers' compensation insurance. Eligibility for these programs can vary greatly, however. Before you apply, it's useful to become familiar with the rules and regulations governing these benefits.
If you have a medical condition that keeps you from being able to work full-time for at least one year, you may be eligible to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). SSDI is available to people who have earned sufficient work credits through recent payroll tax contributions. SSI is available to people who are facing financial difficulties due to low income and assets.
The definition of disability is the same for both SSDI and SSI. You can qualify for benefits if you have a severe medical impairment that meets a listing or reduces your residual functional capacity to the point where no jobs exist that you can perform. In order to receive disability payments, you'll need to show both that you satisfy the financial requirements for either SSDI or SSI and that you're disabled under the Social Security Administration's definition of the term.
You have several methods to choose from when beginning your disability application. Filing online is a good option for people who are applying for SSDI. If you're filing for SSI, you can start your application online, but a representative from Social Security will need to contact you to gather more information about your finances.
Both SSDI and SSI applications are accepted over the phone by calling 800-772-1213 from 8 a.m. to 7 p.m., Monday through Friday. If you're deaf or hard of hearing, you can use the TTY number at 800-325-0778.
If you'd like help filling out your disability application, you can go in person to your local Social Security field office. There are about one dozen offices in the state of New Mexico, open weekdays from 9 a.m. to 4 p.m. Some offices may require you to make an appointment in order to file, so make sure to call ahead of time.
The New Mexico Disability Determination Services (NMDDS) is a state agency that helps the Social Security Administration decide who is medically eligible to receive disability benefits. Part of the New Mexico Division of Vocational Rehabilitation, the NMDDS has one office, located in Albuquerque. After your application has been filed and your financial eligibility for disability has been determined, your case is sent to NMDDS for review of your medical records.
If you have any questions about your claim (or you want to submit additional evidence), you can contact NMDDS using the information below:
New Mexico Disability Determination Services
7421 Bartlett Dr. NE
Albuquerque, NM 87101
Telephone: 505-841-5724 or 800-432-5868
Fax: 505-841-5600
Claims examiners at NMDDS approve about 37% of initial disability applications (for fiscal year 2023). If your application is denied at the initial level, you have 60 days to appeal by requesting reconsideration of your claim. At the reconsideration stage, a different claims examiner will give your file a second look and decide whether the initial denial was incorrect. Only about 15% of NM disability claims are approved after reconsideration, but you can appeal again by asking for a hearing with an administrative law judge.
Social Security's Office of Hearings Operations (OHO) is responsible for scheduling and conducting disability hearings in the state of New Mexico. When you request a hearing, your file is sent to the OHO in Albuquerque and assigned to a judge. Any communication you have about your case at this level should be conducted with the judge's office rather than NMDDS. Here's the contact information for the Albuquerque hearing office:
Albuquerque OHO
Suite 200
555 Broadway, NE
Albuquerque, NM 87102
Telephone: 866-731-3998
Fax: 833-561-0420
eFile Fax: 877-559-1913
As of June 2024, the average wait time from requesting a hearing to holding a hearing in the Albuquerque office was 9 months. Judges in the Albuquerque OHO issued favorable decisions (awarding benefits) in around 40% of cases.
Monthly SSI benefits are set by the federal government and are adjusted every year to account for increases in the cost of living. In 2024, the federal benefit rate is $943 per month (minus any countable income). The state of New Mexico pays an additional amount, called a "state supplement," to disabled adults who receive SSI and can't live on their own.
The amount of New Mexico's state supplement can range between $100 (for an individual living in an adult residential facility or assisted living facility) to $200 (for couples) per month. These supplements are meant to help pay for personal care, such as eating, personal hygiene, dressing, and medications.
New Mexicans who are receiving SSDI benefits can't receive a state supplement, but the monthly payment amount is typically larger, with a maximum monthly benefit of $3,822 in 2024. However, the average payment amount is only around $1,537. This is because SSDI benefits are calculated based on your earnings history, which varies according to each beneficiary.
If you experienced an injury or illness on the job that affects your ability to work, you might qualify for workers' comp benefits. Employees who are covered by workers' comp insurance may recover a certain percentage of their previous wages while they're unable to work. In order to receive benefits, you'll need to file a claim with the state of New Mexico Workers' Compensation Administration.
New Mexico isn't one of the few states that offer short-term disability insurance benefits, but if you have a private long-term disability insurance provider, you may be able to get wage replacement for a set period while you recover from an illness, regardless of whether it's work-related.
In 1975, Congress established a nationwide network, known as the Protection and Advocacy (P&A) system, in response to widespread outcry over the poor treatment of people living in institutions for the developmentally disabled. Each state has an official P&A organization that helps people with disabilities secure their rights and investigates any potential abuse.
Disability Rights New Mexico is the designated P&A entity for the state. You can contact the office using the following information:
Disability Rights New Mexico
3916 Juan Tabo Blvd., NE
Albuquerque, NM 87111
Telephone: 505-256-3100
Fax: 505-256-3184
While the organization doesn't provide direct legal representation for Social Security hearings or other claims for benefits, they can provide information about partner organizations who could help.
While you aren't obligated to have a lawyer in order to apply for disability, it's usually a smart move to hire one. Depending on the type of benefit you're filling for, you may want to narrow your search down to an attorney who specializes in Social Security law, private long-term disability insurance policies, or workers' compensation claims. And because disability lawyers work on contingency—meaning they only get paid if you win your case—you'll have little, if any, out-of-pocket costs.