Find a top disability lawyer near Rochester, NY

Applying for Social Security disability is complicated. At Atticus, our team of top disability lawyers removes the guesswork, and improves your chances of winning benefits. 

Your disability lawyer will:

• Triple your approval odds

• Fill out the disability application on your behalf 

• Gather medical records from your doctor and submit them

• Prepare you for your appointment with the SSA’s doctor

• Complete your Work History Report and Function Report, if required

• Follow up with the SSA in case of delays or errors

• File an appeal on your behalf, if necessary 

• Argue for you in front of a judge

Best of all — you’ll pay nothing unless you win benefits. If you’re approved, your lawyer will get 25% of your first check. If you’re denied, they’ll get nothing.

Why hire an Atticus disability lawyer near Rochester?

A few Atticus lawyers near Rochester, NY

Do I need a disability lawyer in Rochester? 

The SSA has a list of “compassionate allowance” conditions, which automatically meet the medical criteria for disability benefits.Applicants with terminal conditions (AIDS, Stage IV cancer) can also apply without legal help.

If your condition falls on this list, and you have medical records to prove it, it’s in your best interest to apply without a lawyer. You should notify the SSA office in Rochester that you’re applying with a compassionate allowance condition; they may be able to fast track your application.

But compassionate allowance claims are rare, and most people receiving benefits receive them for a condition that’s harder to prove is disabling  — like arthritis, diabetes, or mental health. That’s why 83% of people have legal representation at the hearing stage. 

For most people, having a lawyer on your side makes sense. You’re three times as likely to win benefits with legal help, and law firms don’t charge anything unless you win. 

SSDI vs SSI: When to hire a Social Security disability attorney

There are two main federal disability programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). If you’re applying for SSDI, it benefits you to find a disability lawyer as soon as possible. If you’re applying for SSI, it might be easier to retain a lawyer after you receive your first denial. 

You’re likely to qualify for SSDI if: 

• You’ll be unable to work for at least a year because of a medical condition

• You’ve worked in the recent past and paid social security taxes. Generally, you’ll need to have worked 5 out of the last 10 years. More on qualifying for SSDI here.

SSDI gets you access to Medicare after a waiting period, and usually pays a higher amount than SSI.

You’re likely to qualify for SSI if: 

• You’ll be unable to work for at least a year because of a medical condition

• You have very little assets and make very little income — generally under $2000 in assets and less than $1,971 in monthly wages. More on qualifying for SSI here. 

SSI gets you access to Medicaid immediately and usually pays less than SSDI. Some people who qualify for SSDI apply for both programs to get health insurance more quickly. 

If you’re applying for SSDI, don’t wait to hire an attorney. They can fill out the application for you and gather your medical records. Their rate is exactly the same if you hire them immediately, or later on (more on lawyer fees below). Hiring a great lawyer early will save you hours on paperwork, and days playing phone tag with the SSA.

If you’re applying for SSI, it may be hard to find a lawyer who will take on your claim before you get a denial. That’s because at this stage, your phone interview with the SSA has a big impact on whether you’re approved or denied. Lawyers are generally banned from sitting in on these interviews. 

We have lots of resources on our website to help you apply, and prepare you for the SSI phone interview. But if you do get denied — a lawyer can help win your appeal. Usually, you have 60 days to file for reconsideration — and at this point, a lawyer can make a real impact. 

How much does a disability lawyer cost in New York?

Social security disability lawyers don’t charge anything up front. If they win your case, the government pays them 25% of your first benefit check. While some lawyers might charge small fees to process documents or retrieve your medical records — at Atticus, there’s no fine print, and no hidden costs. You won’t pay a cent until you start receiving benefits. And in the rare case that your claim is denied — you won’t pay anything. 

How much are disability benefits in New York? 

The average monthly payment for SSDI is $1,540.57 in New York, and the maximum monthly payment is $3,822 in 2024. The average SSI payment is $608.38 and the maximum SSI payment is $943. Both programs also come with healthcare: SSDI gets you access to Medicare, SSI gets you access to Medicaid. Over the course of their lifetime, the average disability applicant receives over $180,000 in payments.  

SSA offices near Rochester, NY

Recommended reading: Disability help in New York

New York State Disability Benefits: Qualify, Apply, Get Approved

By Sarah Aitchison

How Much are Disability Benefits in New York?

By Sarah Aitchison