New York Social Security Disability
You worked. You paid into the system for years. And now a serious medical condition has taken away your ability to work, and the bills are not stopping.
Social Security disability benefits exist for exactly this situation. But the process is long, the paperwork is overwhelming, and most initial applications are denied even when the condition is real and severe.
At Lewis & Lewis, P.C., we have been helping Western New York families fight for the benefits they’ve earned for over 80 years. We know how the system works, and we know how to build a case that gets results.
Your consultation is free. You pay nothing unless we win. Call us now: (716) 854-2100
Why Western New York Residents Trust Lewis & Lewis With Their Disability Claims
Since 1944, Lewis & Lewis has represented thousands of claimants throughout Western New York, in Buffalo, Niagara Falls, Jamestown, Olean, Batavia, Depew, and the surrounding region. Our Social Security disability attorneys work side by side with our workers’ compensation team so that clients who may qualify for multiple benefits don’t leave anything on the table.
We know the Buffalo hearing office. We know how Administrative Law Judges in the Western District of New York approach evidence, testimony, and functional limitations. That local experience matters when your case reaches the hearing stage, which is where most approved claims are ultimately won.
“I liked Lewis & Lewis from the beginning when they helped me sort through all the paperwork-related to my injury. They really helped me get organized. But what really impressed me was when my Lewis & Lewis personal injury lawyer obtained thousands of dollars in workers’ compensation benefits that I didn’t even know I was entitled to. My attorney worked hard to get me paid” — Fred T., Kenmore, NY
What Is Social Security Disability, and Do You Qualify?
Social Security disability is a federal program that pays monthly benefits to people who can no longer work because of a serious medical condition expected to last at least 12 months or result in death. There are two separate programs, and the one that applies to you depends on your work history and financial situation.
What Is the Difference Between SSDI and SSI?
SSDI — Social Security Disability Insurance is tied to your work record. To qualify, you need enough work credits, which are earned through years of employment and payroll taxes. Most applicants need to have worked at least five of the last ten years. SSDI also provides Medicare coverage after a 24-month waiting period.
SSI — Supplemental Security Income is based on financial need, not work history. It is designed for people with limited income and assets who are disabled, blind, or 65 and older. In New York, SSI recipients typically also qualify for Medicaid automatically.
Both programs apply the same medical standard: your condition must prevent you from doing any substantial paid work — not just your previous job, but any job that exists in meaningful numbers in the economy.
What Medical Conditions Qualify for Social Security Disability in New York?
The Social Security Administration, commonly called the SSA, maintains a published list of conditions severe enough to qualify automatically. This list, known as the Blue Book, includes heart disease, cancer, neurological disorders, musculoskeletal injuries, respiratory conditions, and serious mental health diagnoses including depression, anxiety, PTSD, and schizophrenia.
You do not have to have a Blue Book condition to be approved. Many successful claims involve conditions not on the list. What matters is whether your medical evidence shows that your limitations prevent you from sustaining any type of gainful employment on a consistent basis.
Not sure if your condition qualifies? We’ll review your situation at no cost. Call (716) 854-2100.
Why Do So Many Social Security Disability Claims Get Denied?
Most initial claims are denied, not because the conditions aren’t real, but because the SSA needs specific types of evidence that many applications simply don’t include. Nationally, roughly 65 to 70 percent of initial applications are denied.
The most common reasons are straightforward to address with the right help:
- Insufficient medical evidence. Records that don’t describe your functional limitations in concrete terms, how far you can walk, how long you can sit, how often your symptoms would cause you to miss work, leave reviewers without what they need to approve a claim.
- Earnings above the SSA threshold. If your income exceeds what the SSA considers substantial gainful activity, meaning meaningful paid work, you generally won’t qualify regardless of your medical condition. In 2024, that threshold is $1,550 per month for most applicants.
- Failure to follow prescribed treatment. If your doctor recommended treatment you haven’t pursued without a documented reason, the SSA may find your condition could improve with compliance.
- Incomplete or late paperwork. A missing form or a deadline missed by days can result in a denial that has nothing to do with your health.
- The SSA believes you can do other work. Even if you cannot return to your previous job, the SSA may find that based on your age, education, and past experience, you are capable of performing other types of work available in the national economy.
A lawyer can identify why your claim was denied and build a stronger case for the appeal that follows.
What Happens After a Social Security Disability Denial?
A denial is not the end. Most people who ultimately receive benefits go through at least one level of appeal. Acting quickly matters, appeal deadlines in New York are strict, and missing the window typically means starting over from the beginning.
What Are the Stages of a Social Security Disability Appeal in New York?
Reconsideration is the first step. A different SSA reviewer examines your full claim from scratch. Most reconsideration requests are also denied, but this step is required before you can move forward to a hearing.
Hearing before an Administrative Law Judge (ALJ) is where represented claimants have by far the strongest chance of success. An ALJ — a federal judge within the SSA system — reviews your complete file, hears testimony from you, and may question medical or vocational experts. Approval rates at the ALJ hearing stage are significantly higher than at initial review. Our attorneys appear regularly before ALJs at the Buffalo hearing office and know what those hearings require.
Appeals Council Review is available if the ALJ denies your claim. The Council may grant the appeal, dismiss it, or return the case to an ALJ for a new hearing.
Federal District Court is the final step if all administrative options have been exhausted. Lewis & Lewis can represent you through that process as well.
“Lewis & Lewis helped me sort through all the paperwork related to my injury. They really helped me get organized.” — Client, Western New York
You have 60 days from the date of your denial notice to appeal. Don’t let that deadline pass. Call us now: (716) 854-2100
How Long Does It Take to Get Social Security Disability Benefits in New York?
Honestly, it takes time, often more than people expect. Initial decisions from the SSA typically take three to six months. If your application is denied and you request reconsideration, add another three to six months. Scheduling an ALJ hearing before the Buffalo office can take a year or longer, depending on the current backlog.
Is There Any Way to Speed Up a Social Security Disability Claim?
In some cases, yes. The SSA has programs that allow certain claims to move faster.
Compassionate Allowances fast-track applications for conditions so severe, including specific cancers and rare neurological disorders, that approval is nearly certain once the diagnosis is confirmed. If your condition may qualify, our team will identify that from the start.
Terminal Illness (TERI) designations allow claims involving a terminal diagnosis to be prioritized in the review queue.
The sooner you file and the more complete your initial application, the better positioned you are — regardless of whether an expedited path is available.
What Does a Social Security Disability Lawyer Actually Do for You?
A disability lawyer gathers the medical evidence the SSA needs, handles all communication on your behalf, and represents you at your hearing if the case reaches that stage. Here is what working with Lewis & Lewis looks like in practice.
How Does Lewis & Lewis Handle a Disability Claim From Start to Finish?
We begin with a free review of your situation, your medical history, your work record, and where your claim currently stands. If we take your case, we manage every part of the process:
- Identifying gaps in your medical file and working to obtain the records, physician statements, and functional capacity assessments the SSA needs to evaluate your limitations
- Communicating with the SSA on your behalf so you are not navigating correspondence, deadlines, and requests alone
- Coordinating with our workers’ compensation attorneys when clients may have overlapping claims, an area where many firms leave money unclaimed
- Preparing you fully for your ALJ hearing: what to expect, how to describe your limitations accurately, and what the judge is likely to ask
- Presenting your case at the hearing, questioning expert witnesses, and making legal arguments based on SSA regulations and prior decisions
- Advising you at every step on your options and what comes next
Our team serves clients throughout Western New York from six office locations, Depew, Buffalo, Niagara Falls, Olean, Batavia, and Jamestown.
How Much Does a Social Security Disability Lawyer Cost?
Nothing upfront, and nothing at all unless we win. Lewis & Lewis handles disability cases on a contingency fee basis.
If you are approved, federal law governs how attorneys are paid. The fee is capped at 25 percent of your back pay, the past-due benefits owed from the time you applied, with a maximum of $7,200. The SSA pays that fee directly from your award. You do not write a check to anyone.
If your case does not succeed, you owe no legal fees. There is no financial risk to calling.
Call (716) 854-2100 for your free consultation. Or contact us online.
Ask Lewis & Lewis
Q: My doctor says I’m disabled. Why did the SSA still deny me? A: The SSA uses its own definition of disability, which goes beyond a diagnosis. Reviewers need detailed evidence showing how your condition limits specific work-related functions, how long you can sit, stand, or concentrate, how often your symptoms would cause you to miss work, and whether you can maintain a consistent schedule.
A diagnosis alone is rarely enough. The strongest claims include functional assessments from treating physicians that speak directly to those limitations.
Q: Can I get disability benefits for depression, anxiety, or PTSD in New York? A: Yes. Mental health conditions are fully covered under Social Security disability. Many people are approved on the basis of a psychiatric diagnosis alone, or in combination with a physical condition.
The SSA evaluates mental health claims by looking at how your condition affects your ability to concentrate, interact with coworkers or the public, manage routine tasks, and maintain regular attendance. Documentation from your mental health providers, psychiatrists, psychologists, therapists, is essential to these claims.
Q: What if I’ve already been denied more than once? Is it too late? A: No. Multiple denials are common, and many people who are ultimately approved were denied two or three times before winning at a hearing. Each stage of appeal gives you the opportunity to add new evidence and present your case to a different decision-maker. The ALJ hearing is where most approvals happen. What matters is that you haven’t missed the appeal deadlines, and if you have, there may still be options. Call us and let us review your situation.
Q: What if I already gave a statement to the SSA without a lawyer? A: It may or may not affect your claim, depending on what was said and at what stage. An attorney can review what’s in your file, advise you on how to address anything that may work against you, and help build a stronger record going forward. This is one of the reasons it’s worth getting legal help early, but it’s never too late to bring someone in.
Q: Does Lewis & Lewis only handle cases in Buffalo, or throughout Western New York? A: We serve clients across the full Western New York region from six office locations. Whether you’re in Buffalo, Niagara Falls, Jamestown, Olean, Batavia, or Depew, or anywhere in between, we have a location near you and can discuss your case by phone if coming into the office isn’t possible right now.
FAQ for New York Social Security Disability Lawyer
What Is the SSA’s Five-Step Evaluation Process?
The SSA evaluates every claim through five sequential questions: Are you working above the income limit? Is your condition severe? Does it match the Blue Book? Can you still do your past work? Can you do any other work? Most denials happen at steps four and five. An attorney builds evidence to challenge the SSA’s conclusion that you can still perform some type of work.
What Documentation Is Most Important for a New York Disability Claim?
A residual functional capacity assessment, or RFC, from your treating physician is the most important document in most claims. It describes in concrete terms what you can and cannot do: how long you can sit or stand, how much you can lift, and how often your symptoms would cause you to miss work. Medical records alone are rarely enough without it.
Can My Family Receive Benefits Based on My Disability?
If you are approved for SSDI, a spouse and dependent children may be eligible for auxiliary benefits based on your earnings record, subject to a family maximum. SSI does not include auxiliary benefits, but children with qualifying disabilities may apply for their own SSI. We can walk through what applies to your situation.
What Happens to My Benefits If I Want to Try Returning to Work?
SSDI recipients have a nine-month trial work period during which you can earn any amount without losing benefits. After that period, different rules apply. Returning to work while receiving disability requires planning. Speak with an attorney before making any changes so you understand what’s at stake.
Resources for Western New York Disability Applicants
The Western New York Team That Knows How to Win These Cases
The SSA’s process was not designed to be easy. Claim forms are complex, deadlines are tight, and the evidence reviewers need is rarely what most people think to gather on their own.
Lewis & Lewis has been doing this work in Western New York since 1944. We’ve recovered millions of dollars for our clients across personal injury, workers’ compensation, and disability claims.
Our Social Security disability attorneys know the Buffalo hearing office, know how ALJs in the Western District of New York evaluate cases, and know how to build a file that gives our clients the strongest possible chance of approval.
Six office locations. A team that picks up the phone. No fees unless you win.
If you’re in Buffalo, Niagara Falls, Jamestown, Olean, Batavia, Depew, or anywhere in the Western New York region, one call is the right first step.
Call Lewis & Lewis at (716) 854-2100. Or reach out online to schedule your free consultation today.
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Satisfied Client Stories
”I liked Lewis & Lewis from the beginning when they helped me sort through all the paperwork related to my injury. They really helped me get organized. But what really impressed me was when my Lewis & Lewis personal injury lawyer obtained thousands of dollars in workers’ compensation benefits that I didn’t even know I was entitled to. My attorney worked hard to get me paid.
Fred T.Kenmore, NY - Steam Fitter
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