OTDA Home Programs & Services SSI/Social Security Disability Benefits Show
OverviewThere are two Federal disability programs: Social Security Disability Insurance (SSDI) is a Federal disability income program for adults who have worked and now find themselves unable to work due to a disability. Supplemental Security Income (SSI) is Federal program for adults and children who meet the definition of disabled and have limited income and resources. It is designed to help aged, blind, and disabled people, who have little or no income; and it provides cash to meet basic needs for food, clothing, and shelter. BenefitsSocial Security Disability Insurance pays benefits to you and certain members of your family if you are "insured," meaning that you worked long enough and paid Social Security taxes.
Supplemental Security Income pays benefits based on financial need.
EligibilityAnyone who believes they meet Federal Disability requirements is eligible to apply. Your family members may also receive benefits if you can no longer work due to a medical condition. You are considered disabled under Social Security rules if:
People who have worked long enough may also be able to receive Social Security Disability Insurance benefits as well as Supplemental Security Income (SSI) benefits. ContactContact the Social Security Administration (SSA) by phone:
1-800-772-1213 If you are deaf or hard of hearing, you can call SSA at TTY 1-800-325-0778. Contact OTDA's Division of Disability Determinations by email: Contact OTDA's Division of Disability Determinations by mail: Office of Temporary and Disability Assistance Workers New York is one of a handful of states that require employers to provide disability benefits coverage to employees for an off-the-job injury or illness. The Disability and Paid Family Leave Benefits Law (Article 9 of the WCL) provides weekly cash benefits to replace, in part, wages lost due to injuries or illnesses that do not arise out of or in the course of employment (WCL §204). If you get injured or become disabled while you are eligible for or are collecting unemployment benefits, and if your injury or disablement results in you being ineligible for unemployment benefits, you are eligible for disability benefits. Disability benefits are covered through your employer's disability benefits insurance carrier or your employer may be self-insured. Disability benefits are cash-only benefits. The benefit:
You cannot collect disability benefits and Paid Family Leave benefits at the same time. The total combined disability leave and Paid Family Leave in any 52-week period may not exceed 26 weeks. Note that the PFL does not provide for the payment of medical expenses. Who is CoveredThe Coverage Requirements page provides information about who is considered an employee under the New York State Disability Benefits Law and information about who is and is not covered for disability benefits. CostYour employer is allowed, but not required, to take a contribution from you to offset the cost of providing disability benefits. Your contribution is calculated at the rate of one half of one percent of your wages, but no more than 60 cents a week (WCL §209). If you have more than one job at the same time, with combined wages of more than $120 per week, you may request each of your employers to adjust your contributions in proportion to the earnings of each employment. The combined contributions may not exceed 60 cents per week. Your request should be made as soon as you enter a second job. There are some accepted disability benefits plans under which you are required to contribute more than 60 cents per week, but only by agreement and provided your contributions are reasonably related to the value of the benefits. EligibilityYou must be under the care of a physician, chiropractor, podiatrist, psychologist, dentist, or certified nurse midwife in order to qualify for disability benefits. If you become disabled while you are employed
If you become disabled while you are unemployed
Your disability is from an auto accident
You are collecting Social Security retirement benefits
You are still disabled, but your benefits have stopped
You quit your job
Employer/Insurance Carrier requests examination by a health care provider
Pregnancy and Maternity LeaveIf you are pregnant, you are eligible for disability benefits for four weeks before your due date and six weeks after giving birth (eight weeks if you delivered by Caesarian section). You may be entitled to further disability benefits up to the maximum 26 weeks with documentation from your medical care provider. Either way, you will need to submit a medical report completed by a doctor or certified nurse midwife stating your disability is due to or related to pregnancy or recovery from delivery. Physical and mental health conditions due to or related to your pregnancy or post-partum recovery may be eligible for disability benefits. Note: Benefits are not payable for any period you are unable to work due to elective surgery (such as an elective sterilization procedure). Differences between Disability Benefits and Paid Family Leave
File a ClaimYou must file your claim within 30 days after you become disabled. How you file a claim is determined by your work status when your disability begins. If your disability started within four weeks of the last day you workedWho pays benefits: Your employer's disability benefits insurance carrier. How to Apply
If you are claiming/receiving unemployment benefits, AND your disability started more than four weeks from the last day you workedWho pays benefits: New York State Special Fund for Disability Benefits How to Apply
IMPORTANT: Before filing your claim, be sure that you have completed and signed Part A, "Claimant's Statement," and your health care provider has completed and signed Part B, "Health Care Provider's Statement." Submit this information promptly to avoid delaying your claim. You must file your claim within 30 days after you become disabled. Rejected ClaimsIf your claim is rejected or not paid, you will receive a Notice of Rejection from your employer, insurance carrier or the Special Fund for Disability Benefits within 45 days of its receipt of your claim. You may request that your claim be reviewed by completing the reverse side of the Notice of Rejection and mailing it to: Workers' Compensation Board If necessary, the Board will obtain further information and may hold a hearing on your claim. If the Board determines your claim is proper and valid, your employer, insurance carrier or the Special Fund for Disability Benefits will pay your benefits. Contact the Board Customer Service Toll-Free Number: (877) 632-4996 Language Assistance Services Please call us at
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