
Many New Yorkers find themselves in the position of needing Social Security disability benefits and being qualified to receive them, but end up having their initial disability claim denied. In fact, close to 70% of disability claims are initially denied by the Social Security Administration (SSA).
Additionally, the SSA has very strict rules when it comes to Social Security disability appeals, which means you may need to work with an experienced New York disability appeals lawyer to help with your claim.
How to Appeal a Denied Social Security Disability Claim
The first step in the process of appealing a denied disability claim is to provide the SSA with a written request of your intention to appeal within 60 days of receiving your denial letter. This will lead to what the SSA calls a "reconsideration" of your disability claim.
During a reconsideration, a party other than the one(s) that made your initial disability benefits decision will review all of the documentation you submitted with your claim in addition to any new evidence you provide. This is where a New York disability appeals lawyer can make a huge difference in the outcome of your disability claim.
Many Social Security disability claims are denied due to a lack of evidence. Your New York disability appeals lawyer can help ensure all the necessary information, including medical records, forms, and other documentation are included in your disability appeal.
If the reconsideration still results in a denial of disability benefits, the next step is to have a hearing with an administrative law judge. While you do not need to be present during the reconsideration process, you will need to appear at the judge's hearing, which will typically take place within 75 miles of your home. In some situations a video conference can take in place instead of the in-person hearing.
The administrative law judge in charge of your disability appeal hearing will be new to your case and not someone involved in your claim's previous decisions. This hearing will allow you to provide testimony on your disability as well as call witnesses and even medical experts to speak on your behalf.
If this administrative judge hearing also results in a denial of disability benefits, you can take your disability appeal to the Social Security Administration's appeals court, but that court has the option of choosing not to hear your case. Your New York disability appeals lawyer can help explain any challenges you may encounter during the disability appeals process.
The final recourse for appealing a denied disability benefits claim is requesting a review in Federal court. Working with an experienced New York disability appeals lawyer can help you prepare for each step of the disability appeals process and help you fight for your needed Social Security disability benefits.
Contacting a New York Disability Appeals Lawyer
Before you file your Social Security disability claim appeal, be sure to take advantage of this free consumer's guide: 5 Mistakes to Avoid When Filing a Social Security Disability Claim. Contact a New York disability lawyer at Decker, Decker, Dito & Internicola for help in building your disability claim - 1-800-976-4904.
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