Contrary to what you may have heard, filing an application for disability does not mean it will automatically be denied by the Social Security Administration. It also does not mean that your claim has a very good chance of being approved.
The truth as discovered by the SSA through a review of disability claims submitted over a 10-year period found that 64% of the applicants were denied benefits based on their initial application. That may not offer much hope when you have a disability that prevents you from working and earning a living, but NY Disability offers a method to successfully get an adverse decision overturned.
A notification from the SSA of a denial of your claim for Social Security disability, whether through the Supplemental Security Income program or the Social Security Disability Insurance program, is not the time to give up. You have the right to appeal an adverse determination.
The notice you receive from Social Security gives an explanation of the reasons for the decision it made on your SSI or SSDI application. The following appeal levels exist to challenge a denial of benefits:
- Hearing with an administrative law judge.
- Appeals council review.
- Appeal to federal court.
You have only 60 days to request an appeal, contact NY Disability as soon as you receive a letter or notice from Social Security to give us enough time to review it and show you how we can turn a denial into a successful challenge to get you the benefits you are entitled to receive.
Reconsideration of an adverse determination puts your file in the hands of someone other than the person who originally made the decision on your application. The new person reviews the application, the evidence submitted with it and any new evidence we submit on your behalf.
A reconsideration that does not result in a favorable outcome may be appealed by requesting a hearing presided over by an administrative law judge (ALJ). Hearings may be held in person at a Social Security office near your home, but hearings also can be held over the phone.
We do everything possible to achieve a successful outcome, including gathering and reviewing all of your medical records and submitting those that support your claim to the ALJ for consideration during the hearing. We also work with the physicians and health care professionals providing treatment for your medical conditions to obtain additional evidence to support the claim for benefits.
An important part of our role in the appeal process is to prepare you for the hearing. We spend as much time as necessary to acquaint you with what to expect at the hearing, including asking you many of the same types of questions the ALJ may ask you to answer. Our goal is for you to be relaxed and ready to provide testimony that successfully supports your claim for benefits.
Taking the case to federal court
Adverse decisions by the ALJ are reviewed and discussed with you. We offer options, including a possible appeal to federal court. As always, our primary concern is that your case receive fair treatment throughout the process, including at the hearing stage, and to succeed in getting you the disability benefits you deserve.