Disability Advocacy Project
NYLAG’s Disability Advocacy Project (DAP) works to ensure that eligible disabled individuals receive benefits under the Social Security Disability Program (SSD) and the Supplemental Security Income Program (SSI). DAP staff provide free legal advice and representation when SSD or SSI benefits are wrongfully denied or terminated. DAP staff interview potential clients concerning their medical conditions, medications, treating providers and work history. Staff then request and review medical records to determine if a case has merit on appeal. If DAP determines that the evidence strongly supports a determination of disability, then a DAP staff member will represent the client at a hearing in front of an Administrative Law Judge.
For more information contact: 212-613-5024
Disclaimer
This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state to state, so that some information in this website may not be correct for your jurisdiction. Finally, the information contained in this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your state.
SSA CONTACT INFORMATION
KNOW YOUR RIGHTS MATERIALS
Get Your Medical Records
You can ask your doctor and/or psychiatrist to complete these forms describing your conditions:
If your doctors complete these forms, you must submit them to SSA even if the forms are not 100% supportive of your disability claim. In addition, these completed forms are not a substitute for your records. You should request and submit your medical and psychiatric records to SSA.
How to Represent Yourself at a Hearing Without an Advocate
While the DAP team works diligently to represent as many people as possible, we cannot represent everyone that calls us for help. Therefore, we have put together some information to help people represent themselves at disability hearings if they cannot find an advocate.
How to Represent Yourself at a Hearing Advice Sheet
How to Represent Yourself at a Hearing Advice Sheet (Spanish)
You can appeal a denial from the judge to the Appeals Council at the SSA website here: https://secure.ssa.gov/iApplNMD/oao
If the Appeals Council denies review of the judge’s decision, you can file an appeal in federal court even if you do not have an attorney. More information is available here:
IN THE NEWS
CHANGES TO ISM – September 2024
Three big changes came to the SSI program on September 30, 2024. These changes will help thousands of people get more SSI benefits. Previously, the SSA reduced SSI benefits for people who received help from friends, family, or others in certain situations. This is called In-Kind Support and Maintenance (ISM), which lowers the monthly income for people on SSI.
However, SSA has made changes to ISM limitations to allow more people on SSI to get help with food and housing costs. Beginning September 30, 2024:
- Update: SSI recipients will no longer face benefit reduction for getting help with food or groceries.
Old rule: Previously, disabled people’s benefits could be cut by up to one-third if they received any kind of help with food—even for something as minor as a family member bringing them groceries. - Update: SSI recipients will no longer face benefit reduction for receiving any discount to their housing cost, as long as they spend at least one-third of their monthly SSI payment on rent.
Old rule: Previously, disabled people were penalized for renting a place that was cheaper than what Social Security considered the market rate. This included renting a place from a friend or family member who was charging only a small amount of rent. - Update: SSI recipients who live in a household with any other person on certain public benefits, including SNAP (or food stamps), will not have their SSI benefits reduced for that reason.
Old rule: Previously, disabled people were exempt from SSI benefit cuts if they lived in a “public assistance household,” which was a household where every person living there received certain public benefits like TANF cash assistance. SNAP was not previously included in the list of eligible public benefits. Now, if an SSI recipient lives with any other person receiving public benefits, including SNAP benefits, their SSI benefits will not be cut for that reason.
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The Latest on Public Benefits
Gothamist: NYC will soon stop cash assistance for residents who fail to meet work requirements
Abby Biberman, Associate Director of NYLAG’s Public Benefits Unit, recently spoke with Gothamist about the upcoming rule change that will adversely affect low-income New Yorkers who receive cash assistance from the Human Resources Administration (HRA).
Testimony: The Intersecting Insecurities of Hunger and Housing Instability
Graham Horn, Staff Attorney in the Shelter Advocacy Initiative and the Public Assistance and SNAP Project at NYLAG testified in support of four bills, which would encourage the United States Congress to pass and the President to sign vital reforms to the Supplemental Nutrition Assistance Program, an expanded Child Tax Credit, and a renewed Farm Bill with increased funding for life-saving food aid — all of which could contribute to improving health outcomes for our clients.
CityLimits: City Hall Announces Near-Elimination of Benefits Case Backlog As Challenges Persist
Recent updates from Adams’ administration on reducing the backlog for SNAP and cash assistance do not tell the full story. Abby Biberman, Associate Director of NYLAG’s Public Benefit Unit, highlighted with CityLimits the struggles faced by those who are being denied benefits.
