Social Security Disability Lawyer in Long Island, New York
Getting a claim for Social Security Disability benefits approved in New York can be a frustrating experience. Most people are surprised and disappointed when the Social Security Administration (SSA) denies an initial application, even when their disabling medical issues are obvious. After an initial denial, the process can drag on without representation to help them navigate the system.
Our firm works with Long Island residents from the very beginning by filing the initial claim. If necessary, the representation continues by handling reconsiderations, preparing for the disability hearing, and taking the case to federal court, if necessary.
Why You Need a Social Security Disability Lawyer on Long Island
Approximately 62% of initial SSDI claims are denied. That number is not a reflection of whether you’re truly disabled as much as it is a reflection of how the SSA evaluates applications. Submission of an incomplete or improperly documented claim also contributes to the high rate of denied claims. Most people who are ultimately approved for benefits had their claims denied at least once.
You can shift the odds significantly in your favor with legal representation. Studies show that claimants represented by an attorney at the hearing level of the appeals process are approved at substantially higher rates than those who appear without representation.
Disability attorneys do more than file paperwork. They know what SSA examiners look for when reviewing an application. They know the medical evidence that carries the most weight, and they know how to present a case in a way that gives a claimant the best possible chance to succeed. If you’re on Long Island and considering hiring a lawyer, just know that doing so costs you nothing upfront.
How a Disability Attorney Helps Your Claim
A Social Security disability attorney handles the legal and procedural side of your claim, so you can focus on your health. An attorney representing you does more than just show up at a hearing. Some of the services we provide include:
- Gather and organize your medical records to ensure they are complete and support your claim.
- Identify weaknesses in the case and gather the evidence, including medical records, to strengthen them.
- We file every document accurately and on time. Missing a deadline could mean having to start over, so we track every deadline and file documents on time.
- Prepare you for the ALJ hearing and handle cross-examination of the vocational and medical experts at the hearing to minimize damage to your claim.
- We communicate directly with the SSA on your behalf to relieve you of a burden that takes away time you need to focus on managing your health.
We work hard to ensure the submission of a strong, well-documented claim. For example, an application that includes more than one disabling medical condition must be supported by medical records documenting each condition. Failing to document a secondary condition means it will not be taken into consideration when your claim is evaluated by the SSA.
Claimants With Representation Win More Often
Claimants who have legal representation at hearings with an administrative law judge are approved at significantly higher rates than those who appear alone. The ALJ hearing is the level of the appeals process where your claim has the greatest chance of being approved, and it’s also where the skills of an experienced attorney can make a difference in the outcome.
At the hearing, we cross-examine the vocational expert SSA uses to prove the availability of jobs that you could perform. That cross-examination, if done right, can diminish the negative impact of the expert’s testimony on your case. An unrepresented claimant rarely knows how to do it, but we do it in every hearing.
Meet Nikki Prasad — Your Long Island Disability Attorney
Attorney Nikki Prasad has an extensive background in public service before embarking on a legal career. She served in the U.S. Army from 1993 to 1996 before joining the New York City Police Department, where she rose to the rank of sergeant.
Following her retirement from the NYPD, she launched a career as an attorney. Those years of service in the military and as a police officer provided the guiding principles of her law practice.
Nikki has seen firsthand what happens to a person’s body and mind under sustained physical and psychological stress. She worked alongside people with severe trauma and health conditions that never fully healed. When a client sits across from her and explains why they can no longer work, Nikki understands from her military and law enforcement experiences what they are going through.
After graduating from Touro Law School in 2020, Nikki decided to focus her legal career on helping disabled Long Island residents who struggle to access the Social Security disability benefits they have earned through work. Her law firm, formed in 2024, stays true to her commitment to treat every person who reaches out for assistance with kindness, dignity, and respect.
Nikki does not consider helping others to be a marketing slogan. It’s the way she lives her life and practices law. The Suffolk County Bar Association honored her as its Pro Bono Lawyer of the Month in 2024 in recognition of her commitment to representing clients who cannot afford legal help. That desire to fight for those who need and deserve a staunch advocate is what drives her disability practice.
Nikki understands what it means to serve. She also understands the importance of fighting for the benefits you’ve worked hard to earn.
Types of Social Security Disability Benefits
There are two federal disability benefit programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Your work history and financial situation will determine which program is right for you.
We handle both SSDI and SSI. Because of that, some of our Long Island clients may meet the requirements for approval under both programs.
Here is a quick look at the approval requirements for SSDI and SSI:
|
|
SSDI |
SSI |
|
Basic requirements |
Work history and FICA tax contributions |
Financial need (income and assets) |
|
Work credits required? |
Yes, generally 5 of the past 10 years |
No |
|
Income/asset limits? |
No asset test; SGA limit applies |
Strict income and asset limits apply |
|
Benefit amount |
Based on your earnings record |
Federal base rate + NY state supplement |
|
Health coverage |
Medicare after 24 months of benefits |
Medicaid generally automatic without a wait period |
The Social Security Disability Insurance Program
Social Security Disability Insurance (SSDI) pays monthly benefits to workers who become disabled and unable to work. The program is funded by Social Security payroll taxes you’ve paid throughout your working life.
To apply, you need enough work credits based on your age and employment history. For most adults, that generally means working at least five of the past ten years.
You receive Medicare coverage 24 months after the start of your SSDI benefits. There’s also a five-month waiting period from the date your disability began before SSDI monthly payments start. Understanding these timelines matters when you’re trying to manage your finances during what can be a lengthy claims process.
The Supplemental Security Income Program
As a need-based program, Supplemental Security Income (SSI) doesn’t require that you have a work history to apply for benefits. It does have limits on income and assets. For instance, countable assets you own, which Social Security refers to as “resources,” cannot exceed $2,000 for an individual and $3,000 for a couple.
New York residents approved for SSI benefits may be entitled to receive a state supplemental payment in addition to their federal SSI benefit. SSI recipients in New York are typically automatically eligible for Medicaid. If you are disabled and don’t have enough work history for SSDI, SSI may be the program for you, provided you meet the income and resource limitations.
The Social Security Disability Claims Process
The SSD process has several defined stages. Each stage has its own requirements and deadlines. It’s essential to know what is involved at each stage to improve the chances of a successful outcome.
As you move through the claims process, you will encounter the following:
- Initial Application: An application may be submitted to the Social Security Administration online, by phone, or in person at a local SSA field office. Social Security initially reviews the file before sending it to Disability Determination Services, a state agency in New York funded by the federal government. The DDS reviews your medical records, work history, and functional limitations resulting from your medical condition to determine whether you are disabled and unable to work.
- Initial Decision: A five-month waiting period applies to SSDI benefits. Your first payment starts five months after the disability onset date as determined by the Social Security Administration. If denied benefits, you have 60 days from the date of the denial notice to request reconsideration, which is the first level of the appeals process. Don’t delay requesting an appeal because it could end your right to challenge the denial.
- Reconsideration: A DDS examiner who was not involved in the original determination of your claim reviews your file during reconsideration. Reconsideration has a low approval rate of around 16%, but you must go through reconsideration to get to the hearing level of the appeals process.
- ALJ Hearing: This level of the appeals process lets you present your case before an administrative law judge during a hearing held at your local SSA Office of Hearing Operations. Your attorney presents evidence, examines witnesses, and argues for approval of your claim. About 51% of cases at the hearing level receive a favorable outcome, which is the highest approval rate of all levels of the appeals process.
- Decision: The ALJ issues a written decision. If approved, you receive back pay plus ongoing monthly benefits. If denied, you can appeal to the Social Security Appeals Council. The next step after the Appeals Council is a civil case filed by your attorney in a federal district court.
An attorney who understands how to apply for disability benefits helps you avoid the mistakes that cause denials at each stage. Our goal is to build the strongest, most well-documented application possible to avoid resorting to the appeals process.
What Happens If Your Disability Claim Is Denied?
A denial does not mean the end of your claim for disability benefits. Most people who eventually are approved for SSD benefits had their claim denied at least once. The key is not to give up. Instead, put your trust in the advice and guidance provided by your disability benefits attorney.
The Social Security disability benefits system is designed to place the burden of proof on the claimant. You must prove that you are entitled to benefits by providing medical records and other documentation.
Common reasons for a denial of an application after the initial review include:
- Insufficient medical evidence to support the claim.
- Missing documentation.
- Failure to meet the disability benefits program’s work or financial criteria.
- Technical errors in completing the application, such as inconsistent information.
An appeals process lets you challenge the initial denial of your claim. Acting quickly to request an appeal after receipt of a denial notice is essential. If you miss the deadline to appeal, you may lose the right to challenge the denial of your claim. Contact us as soon as you receive a notice of denial, so we can request an appeal on your behalf.
There are four levels available for appeal of a denied claim:
- Reconsideration: You must request reconsideration within 60 days of the initial denial notice. There is an additional five days for mailing. An examiner who was not involved in the original determination reviews the file. Approval rates are low, but this step is required before you can request a hearing.
- ALJ Hearing: A hearing request must be made within 60 days of the reconsideration denial. An administrative law judge holds a hearing at which you, your attorney, and a vocational expert participate. The ALJ conducting a hearing may request the participation of a medical expert.
- Appeals Council: If you lose at the hearing level, you may request review of the decision by an Appeals Council. As with the other levels in the appeals process, you have only 60 days to request an appeal. The Appeals Council may grant your case, decline to review it, or send it back to the ALJ for a new hearing.
- Federal Court: If the Appeals Council denies review, you can file a civil action in a federal district court. This is the final level of the appeals process and requires the services of an attorney with federal court experience. Nikki Prasad has the experience and skills to take your fight for disability benefits to federal court.
The single most important thing you can do after a denial is to contact us immediately to get the appeal started before the deadline expires. Cases are lost when claimants wait too long. If your disability claim was denied, reach out to us right away.
The ALJ Hearing: Where Cases Are Won
The ALJ hearing could be critical to the success of your claim for SSD. Long Island claimants typically have their hearings held in Suffolk County at the SSA Office of Hearing Operations, located at 730 Federal Plaza, Central Islip, NY 11722.
At the hearing, you appear before an Administrative law judge along with a vocational expert who testifies to various types of available work that you could do. A medical expert who comments on the disabling conditions that prevent you from working may also be called as a witness to testify.
As your representatives, we prepare for the hearing by reviewing your official SSA case file and medical records to identify strengths and weaknesses. We then work to obtain the evidence needed to strengthen the weaknesses.
Preparing you for questions you may be asked by the ALJ during a hearing is an essential part of our role as your disability attorney. It helps you feel confident in your ability to provide evidence that could lead to a favorable decision.
At the hearing, we cross-examine the vocational expert, particularly when their testimony relies on jobs that don’t accurately reflect your actual functional limitations. That cross-examination, done by your attorney, could be the difference between success and failure.
We also go a step further in our representation of you by preparing and submitting a written, pre-hearing brief. The brief presents legal arguments supporting your claim in a concise and persuasive form for the ALJ to have available prior to and during the hearing. Learn more about what to expect on our ALJ disability hearing page.
Common Medical Conditions for Disability Benefits
The SSA evaluates a medical condition to determine the extent to which it limits your ability to work. It relies on your medical records and other documentation. We handle cases involving a variety of medical conditions, including:
- Musculoskeletal conditions, such as back pain and spinal disorders that may include herniated discs; degenerative disc disease; spinal stenosis; severe arthritis; joint degeneration; and chronic pain limiting mobility and the ability to sit, stand, or lift.
- Mental health conditions, such as depression and anxiety disorders, including major depression; generalized anxiety; bipolar disorder; schizophrenia spectrum; and panic disorder. PTSD disability, a mental health condition experienced by military veterans and first responders, is an area where Nikki’s background gives her an added level of insight.
- Cardiovascular conditions, such as congestive heart failure, coronary artery disease, and related cardiac impairments.
- Autoimmune and chronic conditions, such as fibromyalgia, lupus, and multiple sclerosis.
- Neurological conditions, including epilepsy, Parkinson’s disease, traumatic brain injury, and others.
A medical condition or conditions that do not appear in the listing of impairments still may be approved for disability benefits based on functional limitations. What matters is whether your impairment or a combination of impairments prevents you from performing any work that you did in the past or other types of work that exist in the national economy. That’s a legal and medical determination, and it’s what we have experience doing for every client who chooses us to represent them.
How Much Does a Disability Lawyer Cost?
It costs you nothing up front to be represented by us. We work on a contingency basis. You pay nothing to retain us, nothing during the claims process, and nothing if your claim is denied.
Contingency means that when we win your case, and you receive back pay, the attorney’s fee is set and regulated by the SSA and paid from the back-pay portion of the claim allowance. It does not reduce or affect your monthly SSDI benefit payments.
The fee is capped at 25% of your back pay or $9,200, whichever is lower. The fee must be approved by SSA before it’s disbursed.
Getting skilled representation does pose a financial risk to you. Improving your chances of obtaining the SSD benefits you need does not require an initial financial commitment on your part. You can afford to be represented by a skilled disability benefits attorney regardless of your current financial situation.
Every client who contacts us receives a free evaluation with no cost, obligation, or pressure. Reach out for a free evaluation by calling us at (631) 787-8528.
Why Choose a Long Island Disability Lawyer
There’s a real difference between hiring a local disability attorney and hiring a firm that handles cases in 30 states. Local representation means your attorney knows the SSA field offices that serve Long Island, the specific hearing offices where your case will be decided, and the procedures of the ALJs assigned to those offices. It’s knowledge and experience that may not be obvious from a law firm’s website, but it can make a difference in the outcome of your case.
Our office is located in Suffolk County at 150 Motor Parkway, Suite 401, in Hauppauge. We serve clients throughout Long Island, including Suffolk and Nassau Counties. When you call us, you reach someone in this community and not a distant call center that sends your case to an attorney in another state.
For Long Island residents, representation by a local attorney matters in practical ways. If you need to meet before your hearing, we’re available. If something changes in your case, you can reach out to us directly.
New York DDS and the local Office of Hearing Operations process cases in ways that don’t always match what goes on in other parts of the country. We know those local patterns well and can use them to your advantage.
Attorney Nikki Prasad may be out of uniform now, but she still serves the community through her law practice. Service and commitment provide the foundation for the way Nikki Prasad approaches every case she takes on.
Frequently Asked Questions About SSDI in New York
How much does a Social Security disability lawyer cost?
SSD attorneys work on a contingency basis, so you pay nothing unless your case is approved. If your case is won, the attorney’s fee is capped by Social Security at 25% of your back pay or $9,200, whichever is lower. There are no upfront costs, no hourly billing, and no fee if your claim is denied. The fee, which must be approved by the SSA, is deducted from the back pay awarded.
How long does it take to get approved for disability in New York?
An initial application typically takes three to six months for a decision from NYSDDS. If denied and appealed to the ALJ hearing level, the full process from initial filing to hearing decision can take a year or more. New York has experienced significant backlogs at the hearing level. Filing as early as possible, and with an attorney’s help from the start, reduces the risk of delays caused by avoidable errors.
What is the most common disability?
Common disabling medical conditions include musculoskeletal disorders, such as back pain and joint conditions. Mental health conditions, such as depression, anxiety, and PTSD, account for a large share of approved claims. Cardiovascular conditions and certain cancers are also common.
SSA approves claims based on functional limitations, not diagnosis alone. For example, a person diagnosed with PTSD still needs to document that the medical condition and their functional limitations that it causes prevent them from working.
Can I apply for disability without a lawyer?
The Social Security Administration does not require that you have representation when applying for disability benefits. Some people who apply without representation are approved after the initial review. However, the federal government released data showing higher initial approval rates for claimants with representation, as well as favorable outcomes at the hearing level.
The application process involves multiple deadlines and the completion of complicated forms, including the SSA-3368, Adult Disability Report; SSA-827, medical release; and the SSA-561, Request for Reconsideration. Knowing which medical records and other documentation to submit can be challenging without guidance from an attorney who handles these cases every day.
What happens at a disability hearing?
A disability hearing is an official proceeding conducted by an administrative law judge. The hearings are held at a local SSA Office of Hearing Operations. The hearing typically lasts 45 to 90 minutes. You answer questions posed by the judge about your medical history, daily limitations, and work experience. A vocational expert testifies about what jobs, if any, someone with your limitations could perform. Your attorney presents legal arguments, submits evidence, and cross-examines the vocational expert. See our full guide to ALJ disability hearings.
What is the difference between SSDI and SSI?
Your work history at jobs subject to Social Security payroll taxes determines whether you are entitled to benefits through the SSDI program. SSI is need-based and doesn’t require a work history. It has strict income and asset limitations. It is possible, under certain circumstances, to be approved for both programs. New York also provides a state supplemental payment in addition to the federal SSI benefit. For a full breakdown, see our SSDI vs SSI comparison page.
How do I appeal a denied disability claim in New York?
You have 60 days, plus five more for mailing, from the date of your denial notice to request an appeal. Contact us immediately upon receipt of the denial notice to start the appeals process because delaying could cause you to lose the right to appeal. Our disability appeal page contains a full explanation of the appeals process and timelines.
Does hiring a disability lawyer increase my chances of winning?
SSA data consistently shows that claimants with representation are approved at higher rates, particularly at the hearing level. An attorney knows what a judge is looking for and what it takes to build a strong case, challenge testimony that may harm your case, and prepare a claimant for questions posed by the ALJ. Representation doesn’t guarantee approval, but it gives you someone with the skills and knowledge needed to get you through the process.
Get Your Free Disability Consultation
Long Island residents trying to understand their options for Social Security Disability benefits should reach out to us for guidance. We offer absolutely free consultations with no obligation on your part. We’ll listen to your situation, answer your questions, and explain exactly what representation could do for you.
You’ve spent your life working and contributing to the Social Security system. When a disability stops you from working, we make sure the Social Security system is there for you.
Call us at (631) 787-8528
Or request your free disability consultation online.
The Law Firm of Nikki L. Prasad, P.C.
150 Motor Parkway, Suite 401
Hauppauge, NY 11788
Serving Long Island, including Suffolk County, Nassau County, and the greater New York area.
Disclaimer: This page is for general informational purposes only and does not constitute legal advice. Every disability case is different. For advice about your specific situation, contact a qualified Social Security Disability attorney or representative. Prior results do not guarantee a similar outcome.
