Health & Disability Rights

Do you need help obtaining Supplemental Security Income (SSI), Social Security Disability (SSD) benefits, Medicare or Medicaid? Have you been wrongfully denied federal disability benefits? Are you living with HIV/AIDs and experiencing discrimination? Legal Services NYC is here to help.

Legal Services NYC provides FREE legal help to individuals with disabilities trying to obtain disability benefits and works to restore dignity to individuals with disabilities across the city by fighting systemic barriers to the administration of life saving disability benefits.

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.

Frequently Asked Questions

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What is Medicare Health Insurance?

Medicare is a federal health insurance program available to qualified individuals and certain dependents (spouses and/or adult disabled children). It includes:

• Older adults aged 65 or older;
• People with disabilities who receive Social Security Disability Insurance (SSDI) for 24 months;
• Individuals with End Stage Renal Disease or ALS/Lou Gehrig’s disease. 

To qualify for Medicare, you must have worked and paid Medicare taxes for a certain period of time and also have a qualifying immigration status. Many people will have to apply and enroll in Medicare on their own through the Social Security Administration, which is the government agency that handles Medicare enrollments. 

Learn more here.

What is the Medicare Savings Program?

The Medicare Savings Program (MSP) is a New York State Medicaid program that pays the cost of Medicare Part B. The Medicare Part B premium is about $174 per month. Many people with Medicare health insurance don’t realize they are paying for Medicare Part B because it is automatically deducted from their Social Security benefits. The Medicare Savings Program counts income only; there is no resource test. The income limits change every year.

Learn more here.

What is Medicaid Health Insurance?

Medicaid is a joint federal and state program for low-income adults, children, pregnant individuals, older adults, and people with disabilities. Each state runs its Medicaid program differently. Each state’s Medicaid program requires that you and/or your family live in the state.  Medicaid health insurance does not transfer from state to state. If you were to relocate from New York to another state or vice versa, you should close your Medicaid case in the state you currently reside in before relocating and reapplying in your new state of residence.  

Medicaid is comprehensive health insurance. It covers primary and specialist care, medications and medical equipment, hospitalizations, transportation to medical appointments, medical tests like x-rays and labs, and much more.  In order to have Medicaid health insurance, you must apply for the insurance by filing an application.

Learn more here.

I have Medicaid health insurance, how do I apply for Medicaid personal care (home care) services?

Most New Yorkers obtain personal care (home care) services through the State’s Medicaid program. Personal care is one of many community-based long term care services offered by the Medicaid program. If you are approved for personal care, a personal care aide (PCA) comes to your home and helps you with your everyday tasks like bathing, grooming, dressing, cooking, and for people who need a lot more care because of their medical conditions, it may include help with going to the bathroom, walking indoors, and getting off/on from a chair. If you are applying for personal care services for the first time or are seeking to enroll in a managed long term care (MLTC) plan, you must first be evaluated. 

Learn more here.

What health insurance options are available if I am a noncitizen? 

Many noncitizens are eligible for public health insurance, including full Medicaid coverage. You  may be a qualified immigrant, such as a legal permanent resident, an asylee or refugee with an approved application. If these categories don’t apply to you, you may also qualify for Medicaid based on deferred action or a pending application with US Citizenship and Immigration Services (USCIS) as long as you submit proof of your pending application or status.  

If you are a noncitizen who hasn’t filed or are not eligible to file any application with USCIS and have no immigration status at this time, you may still be eligible for certain health insurance programs. 

Learn more here. 

How can I obtain Supplemental Security Income (SSI) or Social Security Disability (SSD) benefits?

SSI stands for “Supplemental Security Income.” You can get SSI if you are disabled,

blind, or age 65 and older. You must be low-income and have limited resources. Blind and children with disabilities can receive SSI, too. 

SSD stands for “Social Security Disability.” It’s also referred to as SSDI, or “Social Security Disability Insurance.” SSD pays benefits to people with disabilities who have worked long enough and recently enough, and who have paid Social Security taxes. 

In order to receive SSI and SSD benefits, you must have a medical condition that keeps you from working and you must either be a United States citizen, a Legal Permanent Resident, commonly known as a green card holder, or have Qualified Alien status. For SSI only, you must also fall within the program’s resource limits.

Learn more here.

My SSI and SSD benefits have been wrongfully terminated, what can I do?

If you have received a notice from the Social Security Administration (SSA) stating that your SSI or SSDI benefits have been, or will soon be terminated, you should immediately request Reconsideration of that action. The Notice to Terminate Benefits must include instructions on how to request reconsideration.  LSNYC can also assist you in this process.  You must request Reconsideration within 10 days to continue to receive your benefits while SSA is reconsidering its termination decision.  The deadline for requesting Reconsideration without ongoing benefits is 65 days from the date of the notice of termination (60 days + 5 days SSA assumes it would reach you by mail). 

Request for Reconsideration Form here. 

Are you living with HIV/AIDs and experiencing discrimination?

People Living with HIV/AIDS (PLWHA) often experience discrimination and other barriers as a result of their HIV status. That includes fighting for equitable, safe access to healthcare, public benefits, and affordable housing. Legal Services NYC helps clients access the resources they are entitled to while fighting HIV stigma and discrimination. We offer advice and direct legal representation in a wide-range of civil legal areas, including: HASA and other public benefits, housing, health & access to medical care, discrimination confidentiality, and life planning.

Do I need a living will? 

Yes, we all need a living will regardless of our health, age, or whether we have told loved ones about our end-of-life medical wishes.  Having a living will is the best way to ensure that you get the medical care you want at the end of your life and to keep your loved ones from having to make hard medical decisions on your behalf.

A living will is a legal document that protects your end-of-life medical wishes if, in the event that you are too sick to make those decisions yourself. The document only goes into effect if you can’t make these decisions and you have an incurable condition where you decide whether or not you want to use life sustaining equipment, including artificial nutrition, medication, and hydration, to keep you alive. You can decide to include as much or as little information as you want with respect to your end-of-life medical care.

Learn more about living wills and other advance directives here.