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Social Security Disability FAQs

Do I Qualify for SSDI Benefits?

Quick Answer
Two tests stand between you and a monthly check: work credits and a medical disability that prevents you from earning more than $1,620/month (2026 SGA). We help New Yorkers clear both hurdles every day.
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SSDI Eligibility Explained

What SSA Actually Looks For Before Approving You

Social Security Disability Insurance (SSDI) is a federal insurance program created under 42 U.S.C. §423. To qualify you must first pass the insured-status test: you need 40 work credits in general, with 20 earned in the last 10 years before you became disabled. In 2026 you earn one credit for every $1,810 in wages or self-employment income, up to four credits per year. Younger workers can qualify with fewer credits under a special sliding-scale rule, so do not assume you are locked out because you are under 40.

Once insured status is confirmed, SSA runs a five-step sequential evaluation. Step 1 asks whether you are doing Substantial Gainful Activity — earning more than $1,620/month in 2026 (or $2,700/month if you are blind). If you are, the analysis stops and you are denied. Steps 2 and 3 look at whether your condition is severe and whether it meets or equals a listed impairment in the Blue Book. Steps 4 and 5 ask whether you can return to past work or adjust to other work in the national economy. Most approvals at the initial level come at Step 3 or Step 5 via a medical-vocational allowance.

New York applicants face an average initial denial rate above 60 percent, which is why understanding the rules before you file matters. Our attorneys review your work history, pull your earnings record from SSA, and map your medical records to the five-step framework before a single form is submitted. We handle everything in English and Spanish — hablamos español — and charge no attorney fee unless we win your case. The fee is capped by federal law at 25 percent of back pay, not to exceed $7,200.

How We Handle It

How we handle these cases

1

Earnings Record Review

We request your Social Security Statement and verify your insured-status date before filing. Missing quarters of coverage can sink a claim — we catch them early.

2

Medical Evidence Mapping

Our team contacts every treating provider, requests records, and cross-references them against the Blue Book and applicable SSRs so nothing helpful is left on the table.

3

RFC Documentation

Residual Functional Capacity is the key metric SSA uses at Steps 4 and 5. We work with your doctors to produce RFC opinions that accurately reflect what you cannot do.

4

Onset Date Strategy

Picking the right alleged onset date (AOD) maximizes your back-pay window. We analyze your records to identify the earliest defensible date under SSR 83-20.

5

No-Fee Guarantee

Our fee is 25 percent of back pay, capped at $7,200 by federal law — and only owed if we win. You pay nothing upfront, ever.

Case Results

Real cases. Real results.

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

Approval at Initial Level
Approved — $2,300/month + Medicare

A 54-year-old Queens construction foreman with degenerative disc disease and type 2 diabetes was approved at the initial level after we documented his RFC and matched his spine records to Listing 1.15. Back pay covered 11 months.

Medical-Vocational Allowance
Approved at ALJ — Step 5 Grid

A 58-year-old Bronx factory worker denied twice was approved at the ALJ hearing under the Grid Rules (Rule 202.06). Her limited education, sedentary RFC, and age combined to direct a finding of disabled under 20 C.F.R. Part 404, Subpart P, Appendix 2.

Expedited Processing
Compassionate Allowance — 30-day approval

A 47-year-old Staten Island client diagnosed with ALS was approved in under 30 days through SSA’s Compassionate Allowances program. We flagged the condition at intake and submitted targeted records immediately.

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 →

Need a social security disability lawyer?

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