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Social Security Disability FAQs

The SSDI Application Step by Step

Quick Answer
Most applicants make fatal mistakes on the forms before SSA ever reads a medical record. Know what to file, what to say, and what to never say on your application.
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Filing Smart From Day One

What the SSDI Application Actually Involves

An SSDI application is a two-part submission: Form SSA-16 (Application for Disability Insurance Benefits) and Form SSA-3368 (Disability Report). Together they establish your insured status, alleged onset date, medical history, and work history. SSA also collects your W-2s or self-employment tax records to verify earnings. You can file online at ssa.gov, by phone at 1-800-772-1213, or in person at any SSA field office. Filing as early as possible matters: your back-pay window is capped at 12 months before the application date under 42 U.S.C. §423(b), and there is a mandatory five-month waiting period before the first payment is made.

The Disability Report (SSA-3368) is where most applicants hurt themselves. SSA asks about every condition, every doctor, every hospital visit, and every job you held in the last 15 years. Leaving out providers delays the file. Overstating your activities on the Activities of Daily Living form (SSA-787) can be used against you later. The Function Report (SSA-3373) asks detailed questions about what you can and cannot do — answers must be consistent with what your treating physicians document. SSA Disability Determination Services (DDS) in Albany will review everything and may schedule a Consultative Examination (CE) with an SSA-contracted doctor if your own records are incomplete.

Initial decisions in New York take six to eight months on average, according to SSA data. If denied — and most first-time filers are — you have 60 days to request Reconsideration. Missing that deadline usually means starting over, which resets your back-pay clock. Our attorneys review your application before submission, gather updated medical records, and flag any inconsistencies that DDS might use against you. We handle bilingual applications for Spanish-speaking clients across New York City and the surrounding region. The entire process is no-fee unless we win.

How We Handle It

How we handle these cases

1

Pre-Filing Review

Before you submit a single form, we review your work credits, alleged onset date, and medical record inventory. This catches problems that would cause denial months later.

2

Medical Records Gathering

We send authorization forms to every treating provider and follow up until we have complete records. DDS cannot approve a claim it cannot document.

3

Function Report Coaching

We walk you through the Activities of Daily Living and Function Reports so your answers are accurate, complete, and consistent with your medical file — not accidentally undermining.

4

Consultative Exam Preparation

If DDS schedules a CE, we brief you on your rights, what to expect, and how to accurately describe your limitations without overstating or understating.

5

Deadline Tracking

We calendar every SSA deadline automatically. You will never miss the 60-day appeal window because of a lost notice in the mail.

Case Results

Real cases. Real results.

Three recent Social Security Disability outcomes — case context and result. No client identifying information.

Initial Approval
Approved without appeal — $1,940/month

A 50-year-old Westchester nurse with lupus and fibromyalgia was approved at the initial level after we submitted treating-physician RFC opinions and rheumatology records that mapped directly to Listings 14.02 and 14.09.

Back Pay Recovery
$38,000 lump-sum back pay at ALJ

A Long Island warehouse supervisor had waited nearly three years from onset to ALJ hearing. We established an early alleged onset date under SSR 83-20, resulting in a $38,000 back-pay award at approval.

Avoided Missed Deadline
Appeal saved — claim preserved

A Bronx client brought us a denial notice six weeks after receiving it. We filed the Reconsideration request within the 60-day window with a week to spare, preserving the original onset date and back-pay entitlement.

Prior results do not guarantee a similar outcome. Each case is evaluated on its own facts. The case outcomes shown are representative examples; details have been altered or generalized to protect client confidentiality.

Reviewed by Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C. · Admitted in New York

Brian Mittman has personally handled New York workers’ compensation, SSDI, LTD, and personal injury cases for over three decades.

Last reviewed: May 14, 2026
Your Legal Team

The attorneys who work your case

Not a call centre. The lawyer who signs you is the lawyer who shows up.

  • Brian M. Mittman, Esq.

    Brian M. Mittman, Esq.

    Managing Partner · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Brian
    • Admitted in New York
    • 30+ years in practice
    • Attends Board hearings personally

    Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.

    Full bio & credentials →

  • Randy Jacobs, Esq.

    Randy Jacobs, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Randy
    • Admitted in New York and New Jersey
    • Pace University School of Law, J.D.
    • Litigates before the Workers' Compensation Board

    Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.

    Full bio & credentials →

  • Benai Lifshitz, Esq.

    Benai Lifshitz, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Benai
    • Admitted in New York, 2008
    • New York Law School, J.D. 2007
    • With The Disability Guys since 2013

    Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.

    Full bio & credentials →

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