SSDI Lawyers Near Me: New York, Florida Guide

Introduction: Why This Guide Matters to New York, Florida Claimants

The Social Security Disability Insurance (“SSDI”) program is administered under Title II of the Social Security Act and is uniform nationwide, yet each state has its own medical-disability determination agency, local SSA field offices, and hearing backlogs. If you live in New York, Florida—whether you split time between the Empire State and the Sunshine State, recently relocated from one to the other, or simply maintain work credits earned in both—you face unique logistical hurdles when an SSDI claim is denied. This comprehensive, evidence-based guide explains your federal legal rights, appeal deadlines, and practical steps, all while spotlighting local resources in New York City and major Florida metros such as Miami and Orlando. The focus is slightly claimant-friendly and strictly factual, relying only on authoritative sources such as the Social Security Administration (SSA), the Code of Federal Regulations (CFR), and federal court opinions.

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Understanding Your SSDI Rights

1. Federal Eligibility Basics

SSDI pays monthly benefits to workers who:

• Have earned sufficient quarters of coverage (work credits) under 42 U.S.C. § 423(c).

• Are unable to engage in “substantial gainful activity” (SGA) for at least 12 continuous months or expect death, as defined in 20 C.F.R. § 404.1505(a).

• Have a medically determinable impairment proven by objective evidence (e.g., MRIs, blood tests).

2. Five-Step Sequential Evaluation

SSA adjudicators and Administrative Law Judges (ALJs) must follow the five-step process in 20 C.F.R. § 404.1520:

• Are you working above the SGA level?

• Is the impairment “severe”?

• Does it meet or equal a Listing in Appendix 1 (“Blue Book”)?

• Can you perform past relevant work?

• Can you adjust to other work in the national economy?

A denial may occur at any step. Knowing where you were denied is critical for crafting an appeal.

3. Key Deadlines

• Reconsideration Request: 60 days from the date you receive the notice (20 C.F.R. § 404.909(a)(1)).

• Request for ALJ Hearing: 60 days after reconsideration denial (20 C.F.R. § 404.933(b)).

• Appeals Council Review: 60 days after ALJ decision (20 C.F.R. § 404.968(a)).

• Federal District Court: 60 days after Appeals Council notice (42 U.S.C. § 405(g)).

Missing a deadline usually forfeits further review unless you show “good cause” under 20 C.F.R. § 404.911.

Common Reasons SSA Denies SSDI Claims

According to the SSA’s 2023 Annual Statistical Report, roughly 67% of initial claims are denied nationwide. In the SSA New York Region (Region II) and the Atlanta Region (Region IV, which includes Florida), denial percentages mirror that figure. Frequent reasons include:

• Insufficient Medical Evidence – e.g., missing imaging results, no longitudinal treatment records.

• Failure to Follow Prescribed Treatment – 20 C.F.R. § 404.1530.

• Non-Severe Finding – SSA asserts your condition produces only “minimal limitations.”

• Residual Functional Capacity (RFC) Overestimated – DDS doctors believe you can perform past work.

• Vocational Rule Misapplication – The Medical-Vocational Guidelines (“Grid Rules”) may have been applied incorrectly, especially for claimants aged 50+.

• Work Above SGA – Earnings exceeded monthly SGA limits ($1,470 in 2023; higher for statutorily blind claimants).

A seasoned new york disability attorney or Florida-licensed SSDI lawyer can identify which errors occurred and how to document rebuttal evidence.

Federal Legal Protections & Regulations

1. Due Process and the Right to a Hearing

The U.S. Supreme Court in Goldberg v. Kelly, 397 U.S. 254 (1970), recognized due-process protections for public benefit applicants. SSA must provide written notice of denial, reasons, and avenues for appeal. Under 20 C.F.R. § 404.913, the notice must explain which evidence was evaluated.

2. Representative Fees Are Regulated

Attorney fees in SSDI cases are capped by statute (42 U.S.C. § 406(a)(2)(A)) and by SSA regulation (currently 25% of past-due benefits, up to $7,200 for fee-agreement cases as of November 2022). Any Florida lawyer representing you must be in good standing with the Florida Bar and registered as an SSA-appointed representative in accord with 20 C.F.R. § 404.1705.

3. Evidence Submission Rule

Since the Bipartisan Budget Act of 2015, evidence must be submitted at least five business days before an ALJ hearing (20 C.F.R. § 404.935), unless good cause exists.

4. Federal Statute of Limitations

If all administrative remedies are exhausted, a civil action must be filed in U.S. District Court within 60 days of the Appeals Council decision (42 U.S.C. § 405(g)). In New York that means the Southern, Eastern, Northern, or Western Districts of New York; in Florida, the Northern, Middle, or Southern Districts.

Steps to Take After an SSDI Denial

Step 1 – Read the Denial Letter Carefully

Identify at which step of the sequential evaluation the denial occurred. The rationale will guide your next evidentiary needs.

Step 2 – Gather Missing Evidence

• Obtain longitudinal treatment records (12 months or more).

• Secure narrative statements from treating physicians consistent with 20 C.F.R. § 404.1520c (factors for medical-opinion persuasiveness).

• Schedule additional diagnostic tests if objective proof is thin.

Step 3 – File a Timely Reconsideration

Use SSA Form 561 and include all new evidence. In New York, you may submit online through SSA’s electronic appeals portal.

Step 4 – Prepare for the ALJ Hearing

Average hearing wait times (2023):

• New York City (Varick ODAR): ~10 months

• Miami ODAR: ~11 months

Use the wait period to:

• Update medical records every 60–90 days.

• Collect third-party statements (co-workers, family).

• Review the vocational expert’s file if available.

Step 5 – Appeals Council and Federal Court

The Appeals Council often issues “denials of review.” If that occurs, you have the right to file in federal court. Decisions from the Second Circuit (covering New York) and Eleventh Circuit (covering Florida) set binding precedent. Example: Colgan v. Kijakazi, 22 F.4th 353 (2d Cir. 2022) clarified RFC articulation errors.

When to Seek Legal Help for SSDI Appeals

Statistics published by SSA (Form HA-4631) show that claimants represented by attorneys are almost three times more likely to win benefits at the ALJ level than unrepresented claimants. Engage counsel if:

• You have multiple impairments requiring complex medical synthesis.

• Your past work involves transferable skills that complicate Grid Rule analysis.

• You missed a deadline and must argue “good cause.”

• You plan to move from New York to Florida (or vice versa) during the appeal—jurisdictional transfers can delay hearings without proper notice.

A qualified new york disability attorney or Florida SSDI lawyer can draft pre-hearing briefs referencing the specific CFR sections and circuit-court rulings that control your case.

Local Resources & Next Steps

1. Key SSA Offices

• SSA New York Regional Office: 26 Federal Plaza, Room 40-120, New York, NY 10278. Phone: 212-264-4000.

• New York City Field Office (Manhattan): 123 William St., 3rd Floor, New York, NY 10038.

• Miami Field Office: 6101 Blue Lagoon Dr., Suite 300, Miami, FL 33126.

• Orlando Field Office: 5520 Gatlin Ave., Orlando, FL 32812.

Always call ahead for hours and appointment policies.

2. State Disability Determination Services (DDS)

• New York DDS: 500 Belmont Ave., Brooklyn, NY 11207.

• Florida DDS: 4052 Bald Cypress Way, BIN #C-100, Tallahassee, FL 32399.

3. Medical & Vocational Documentation Hubs

• New York-Presbyterian Hospital and NYU Langone provide detailed electronic health records useful in building longitudinal evidence.

• In Florida, Jackson Memorial (Miami) and UF Health Shands (Gainesville) maintain SSA-compatible digital record systems.

4. Free or Low-Cost Assistance

New York City Bar Legal Referral Service Florida Bar Lawyer Referral Service Disability Rights Florida

Authoritative References

SSA Regulation 20 C.F.R. § 404.900 (Administrative Review Process) SSA Blue Book – Listing of Impairments 42 U.S.C. § 405(g) – Judicial Review

Legal Disclaimer

This guide provides general information only and does not constitute legal advice. Laws and agency rules change frequently. You should consult a licensed Florida attorney regarding your specific situation.

If your SSDI claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and claim review.