How Long Can You Be on Disability in New York?

Employees in New York have several options for financial help if they become disabled. One question that often arises is how long a claimant may receive disability payments. The answer depends on the type of disability benefit claimed.

Disability benefits are available under both the state workers’ compensation system and Social Security. The programs differ in what and who is covered, as well as how long an injured worker may remain on disability.

Temporary disability through NY worker’s compensation

When workers who are covered by the state workers’ compensation system experience and injury that causes disability, they may recover short-term disability benefits under their employers’ policies. Unlike many other states, short-term disability in New York may be paid whether the injury was work-related or not.

Worker’s compensation recipients may remain on disability for a maximum 26 weeks out of 52 consecutive weeks. There is a 7-day waiting period before benefits can begin.

Permanent disability through Social Security

For longer-term disabilities brought about by work injuries, Social Security Disability is an option. Compensation under this program depends on injury but not on the claimant’s income.

Once an application for Social Security disability is approved, the applicant may be able to receive the benefits until retirement age, when the payments become Social Security retirement payments. A few events can stop SSDI payments before then:

  • Income – if the recipient returns to work and earns more than $1,180 per month, benefits may stop. There are trial programs through which recipients may go back to work for an amount of time as a trial for readiness without losing the right to collect disability benefits.
  • Improved condition – If the medical condition improves to the point that the claimant is no longer considered disabled, benefits will end. To make this determination, SSDI recipients undergo periodic continuing disability reviews. These typically take place every few years but the exact period depends in part on the prognosis for the disability.

According to the Social Security Administration, applications for SSDI can take from 90-120 days but in reality the process often takes well over a year. On average, it takes about 8-10 months for processing of the initial application, with hearings for denials and appeals stretching the process for well over a year.

Bring your questions to a New York Social Security disability attorney

Aronova & Associates is here to help New Yorkers in and around Manhattan and Long Island collect the disability benefits that they need while they recover. If you believe you might be entitled to recover disability benefits, call us today to speak with an experienced NY SSDI lawyer about your case. Our initial consultations are always at no cost to you.

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