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Federal Disability Benefits

The Social Security Administration (SSA) administers two programs that pay monthly disability benefits to millions of Americans: Social Security Disability Insurance (SSDI), also known as Title II; and Supplemental Security Income (SSI), or Title XVI. Eligibility for SSDI requires a work history, while the SSI program pays benefits to disabled adults and children who have limited income and resources. SSI benefits also are payable to people 65 and older without disabilities who meet the financial limits. Retirees who meet certain qualifications may also be entitled to Social Security retirement benefits, as may be their survivors or dependents.

The standard of disability for both SSDI and SSI is the same, as are many of the rules and regulations for applying for benefits and appealing denials. The rules are very detailed and can be quite complex and often confusing to both claimants and representatives.

This section of our website focuses on SSA’s rules and regulations for determining disability. It is designed primarily for advocates funded by New York State’s Disability Advocacy Program (DAP) to represent claimants who have been denied benefits. It is divided into various subsections, which are listed in the menu on the left.

This website is not intended to provide legal advice for individual claims. If you are an applicant or beneficiary, you might find information helpful to your case. There are other websites, however, that provide more basic information on eligibility and the appeals process, such as SSA’s website at www.ssa.gov

ARTICLES

Fair Hearing of the Month
Fair Hearing #6016440Z (October 10, 2012)
To prove its entitlement to interim assistance, Agency must provide valid authorization for withholding the initial SSI payment. Read More

Disability Advocacy Program Funding Increased in State Budget
We are pleased to announce that the enacted budget includes a total of $5.26 million in funding for the DAP program! Read More


IN THE NEWS

Statewide Advocates Celebrate 30th “Birthday” of Disability Advocacy Program, Calling for Renewed Investment
Members of DAPWorks, a statewide campaign led by Disability Advocacy Program (DAP) advocates and members of the New York State Senate and Assembly, gathered today at the State Capitol in Albany to celebrate three decades of successful advocacy on behalf of low income disabled New Yorkers in need of financial support. Lauding over $1 billion brought into the state by the program during that time, and 208,000 clients served, speakers urged an additional $2.24 million investment above the $4.76 million included in the Executive Budget to allow them to assist more people. Read More


Capitol Pressroom - Launch of the DAPWorks Campaign
Listen to our Kristin Brown Lilley talk on the Capitol Pressroom about the Launch of the DAPWorks Campaign – and why the Disability Advocacy Program is a great investment for NYS. Read More


POLICY ADVOCACY

Empire Justice Memo of Support: Ensure that Welfare Recipients are Not Punished for Being Disabled
Far too often, public assistance clients are sanctioned for non-compliance with work-related activities, yet the non-compliance is due to a unknown disability, child care problem or transportation difficulties. Empire Justice Center supports A.2669/S.4830, which will protect against unwarranted sanctions due to a disability. Read More


Empire Justice Memo of Support: Provide a Fair and Realistic Automobile Resource Rule
This bill will raise the resource level for automobiles to a uniform $9,300 and thereby permit low income families to own reliable cars under all circumstances. Read More



PUBLICATIONS

SSI Extension for Refugee
2008 Extension of Time Period for SSI Eligibility of Humanitarian-based Immigrants Read More

 

Immigrant Eligibility Chart
The Immigrant Benefit Eligibility chart now includes the provisions of the SSI Extension for Elderly and Disabled Refugees Act of 2008. Read More

 

NEWSLETTERS

Disability Law News - March 2013 Issue
The Disability Law News is a quarterly newsletter published for DAP advocates. Featured in this issue are details on the new Social Security Ruling (SSR) 13-2p Evaluating Cases Involving Drug and Alcoholism (DAA). Additional articles include an analysis of the Court of Appeals decision on the treating physician rule. Also in this issue you will find articles on regulations, additional Court Decisions and many helpful websites listed in Web News. Read More


TRAININGS AND EVENTS

HIV AS A DISABLING CONDITION: Maximizing SSI / SSD
This training will provide case managers with basic information about Social Security's disability benefit program. Read More

SSI Income and Resources
This two-hour workshop will focus on “non-disability issues” involving Supplemental Security Income (SSI) claims that are not generally covered elsewhere, including income and resource rules, as well as living arrangements. Read More