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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) [make a link here] 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

Empire Justice Center 2012 Legislative and Executive Agenda
The focus of our state level policy work for 2012. Read More

District Court Defines ALJ's Role
In remanding a claim solely for the calculation of benefits, U.S. District Judge Michael A. Telesca of the Western District of New York admonished the ALJ for taking an adversarial role in the proceedings. Read More

 


 

IN THE NEWS

New Rules Kick in for Social Security and SSI on May 1
Beginning May 1, 2011, elders, veterans, and the disabled can rest a bit easier as a new federal rule kicks in that will limit creditors’ ability to seize funds from Social Security, Social Supplemental Income (SSI), VA, and other federal benefits held in bank accounts in favor of direct deposit or prepaid cards Read More


Empire Justice Joins Advocates to Decry Mid-Year Cuts
Press release announcing the press conference organized by New Yorkers for Fiscal Fairness, the Fiscal Policy Institute, Empire Justice Center and others to talk about alternatives to Governor Paterson's proposed DRP. Read More


POLICY ADVOCACY

UPDATED: Maximize Federal Dollars Flowing to New York: Invest in the Disability Advocacy Program
The Disability Advocacy Program is a nationally recognized program that generates documented and ongoing savings for the state and for local governments. Read More


Empire Justice Memo of Support: Provide a Fair & Realistic Auto Resource Rule & Remove the Sunset Provision
We strongly support A.7236 AND S.410, which would replace the current two-tiered automobile resource exclusion with a uniform $9300 exemption, and extend a number of other resource provisions that were enacted as part of welfare reform. Read More


 


 

NEWSLETTERS

Disability Law News - December 2011
The Disability Law News is a quarterly newsletter published for DAP advocates. Featured in this issue highlights the announcement of a cost-of-living adjustment (COLA) for 2012 for monthly Social Security and Supplemental Security Income (SSI) benefits. Additional articles discuss ALJ bias and defining the rolls of representatives and ALJs. Also in this issue you will find articles on Regulations, Court Decisions, and Administrative Decisions. 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