New York Disability Benefits: Social Security Disability Insurance and SSI

Find out about New York's state supplemental payments, plus how to appeal a denial of Social Security disability or SSI and whether you qualify for Medicaid.

By , J.D. · Albany Law School

If you become disabled and live in New York, you may be eligible for Social Security disability benefits, including Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI).

New York Appeals Process

There are four steps to the appeals process in New York.

  • Step 1: Reconsideration. A different claims examiner at New York's Division of Disability Determinations review the case and decides whether you are disabled.
  • Step 2: Administrative Law Judge (ALJ) Hearing. At this hearing, the ALJ will consider any new evidence and will review the decision that was made.
  • Step 3: Appeals Council. The Appeals Council will only hear cases that it finds were decided based on incorrect procedures. If the AC rules a case was decided incorrectly, the AC can hear the case itself or send it back to the ALJ to be retried.
  • Step 4: Federal Court Case. If the appeals through SSA are unsuccessful, you can bring your case to federal court in New York. There are four federal district courts in New York.

Hearing Statistics

The average wait for a hearing in New York was 9 months in 2022, down from 19 months in 2019. The current wait times range from 7 months in Albany to 13 months in Rochester.
In New York, ALJs approved 59% of the cases that came to them at the hearing level in 2022.

Disability Benefits Payments in New York

If you receive SSDI, your monthly payment depends on the amount you paid into the Social Security system.

If you receive SSI, the federal monthly benefit amount for an individual is $914 and $1,371 per couple (in 2023), but whether you receive this full amount depends on your income.

New York also offers additional payments for those receiving SSI who are in particular situations, called Supplemental Security Payments (SSP). You have to apply separately for it at New York's Office of Temporary and Disability Assistance.

The table below shows the additional SSP amounts that may be received by those on SSI in New York.

Living Situation

Individual

Couple

Living Alone

$87

$104

Living with Others Paying Own Way

$23

$46

Living in the Household of Another

$23

$46

Family-type Home / Family Care Home

$267* / $229

$990* /$914

Residential Facility

$435* / $405

$1,327* / $267

Nonmedical Private Residential Facility

$694

$1,845

* New York City and Nassau, Rockland, Suffolk, and Westchester counties only.

In addition, some New Yorkers who receive SSI may receive additional money through the State Supplemental Personal Needs Allowance. Those who live in a nursing home in New York may receive an additional $25 per month, while those in other medical facilities may receive an additional $5 per month. This payment is also administered by the Office of Temporary and Disability Assistance.

New York Division of Disability Determinations

Division of Disability Determinations (DDD) 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 Determinations
Office of Temporary and Disability Assistance
PO Box 165
Albany, NY 12260-0165

Toll-free Number: 800-522-5511

Email: [email protected]

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

Office of Hearing Operations (OHO)

The Office of Hearing Operations (OHO) is the office that handles all appeals processes for disability claims. They have one headquarters in New York, New York and ten other local offices located throughout the state. Below is the contact information for the headquarters.

New York Regional Office SSA, Office of Hearing Operations
Room 34-116
26 Federal Plaza
New York, New York 10278
Telephone: (212) 264-4036

Fax: (212) 264-1519

Short-Term Disability Program

New York is one of a handful of states that provides benefits, through an employer insurance program, for those with temporary disabilities. See our article on temporary disability in New York for more information.

New York Disability Lawyers

When filing a Social Security disability claim or appealing a decision, it often helps to have a lawyer who is familiar with the Social Security laws and how they are different in New York. You can use our lawyer locator tool below to find a local attorney well-versed in the applicable disability laws.

Updated February 2, 2023

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