Social Security Disability Appeals

Many New York residents live with physical or mental disabilities that stop them from working. Absent a steady source of income, it is difficult for many disabled people to make ends meet. As such, they will often apply for disability benefits from the Social Security Administration (SSA). Sadly, the Administration often denies applications for such benefits, leaving rejected applicants to think they have no recourse. In many cases, though, applications are unjustly denied, and applicants are granted benefits on appeal. If the SSA denied your application for disability benefits, you might be eligible to file a Social Security Disability appeal, and it is in your best interest to speak to an attorney as soon as possible. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a seasoned Rockland County Social Security Disability appeals lawyer who is well-versed in what you must establish to recover benefits, and she can guide you through the appellate process to provide you with a strong chance of a favorable outcome. Ms. Crown regularly represents people in Social Security Disability appeals in Rockland, Westchester, Orange, Dutchess, Putnam, and Ulster Counties, as well as the greater metropolitan area.

Only people who have a disability, as defined by the SSA, are eligible to receive Social Security Disability benefits. This means that an applicant must demonstrate that they have a physical or mental impairment that prevents them from working and that the impairment is either expected to last or has lasted for a minimum of 12 months. Disabilities must be established through medical evidence, which can include an evaluation by a doctor and medical records. Additionally, only people who previously worked for a minimum amount of time in a job where they paid into the Social Security Trust Fund are eligible to receive benefits.

If the SSA denies a New York resident’s application for Social Security Disability Benefits, they can file an appeal. The appellate process has four levels: a reconsideration, an administrative law judge hearing, a review by the Appeals Council, and federal litigation.

The request for reconsideration, the first level of appeal, must be submitted in writing within 60 days of when the applicant receives written notice of the SSA’s initial determination. The SSA will send the applicant a notice of its reconsideration determination. If the applicant’s claim for benefits is denied at the reconsideration level, the applicant has the option of requesting a hearing before an administrative law judge. The request must be filed within 60 days of the reconsideration determination. Before the hearing, the applicant can submit additional evidence to the judge. In some cases, the judge might ask the applicant to undergo medical testing or a medical examination before the hearing. At the hearing, the applicant can present evidence and testimony from medical and vocational experts. The judge will send the applicant a copy of their decision after the hearing.

If the judge’s decision is unfavorable to the applicant, they can appeal by writing to the SSA to request an Appeals Council review. The request must be submitted within 60 days of the administrative law judge’s decision. The Appeals Council will not consider new evidence unless it is material, related to the relevant period, and is reasonably likely to alter the decision. The Appeals Council will ultimately either grant, deny, or dismiss a request for review. If the Appeals Council does not rule in favor of the applicant, they can file a lawsuit in the United States District Court within 60 days of the notice of the Appeals Council’s decision. The court may remand the case to the administrative law judge for a new hearing, order the payment of benefits, or deny the award of benefits.

If the SSA denied your claim for Social Security Disability benefits, it is smart to speak with an attorney about your options. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is experienced in navigating the complexities of the Social Security Disability Appeals process and she can assist you in seeking any benefits you may be eligible to receive. Ms. Crown has an office in New York, and she regularly helps people in Social Security Disability Appeals in Rockland, Westchester, Orange, Dutchess, Putnam, and Ulster Counties as well as the greater metropolitan area. You can reach Ms. Crown through the online form or by calling 845.708.5900 (office number) or 845.598.8253 (Valerie’s direct cellphone 24/7) to set up a conference.