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Mark J. Palmiere Attorney at Law

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Find out who is eligible for social security! Let us help you apply for social security. Find out how we can help if you have been denied social security.
Practice Areas
Social Security Disability
Social Security Eligibility
Social Security Appeals
Applying for Social Security
Denial of Benefits
Filing SSD
SSD Insurance
SSI Application
Medical Conditions
Children with Disabilities
FAQ
Social Security Disability
Social Security Disability
Social Security Eligibility
Social Security Appeals
Applying for Social Security
Denial of Benefits
Filing SSD
SSD Insurance
SSI Application
Medical Conditions
Children with Disabilities
FAQ
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Read our informative blogs on social security disability.

Denial of Benefits

What to Do When Your Claim Is Denied

Unfortunately, the denial rate for Social Security disability benefits is very high - estimated to be as high as 60 percent for initial applications. These denials may occur due to many reasons, from errors in your application to a lack of adequate or convincing medical evidence that will back up your claim. If denied, you may need additional medical opinions from healthcare providers or opinion evidence from vocational professionals concerning your type of disability as it relates to your work. Any number of problems may exist with your application but they can be reviewed and corrected by an attorney who is experienced in handling them.

It is important to remember that a denial is not the end of the line. You have the right to appeal and should do so immediately. The sooner you make an appeal, the better off you will be in your quest for benefits. The notice you receive from the Social Security Administration informing you that your benefits application has been turned down will usually provide you with an explanation of what was reviewed and why you were denied as well as how to go about making an appeal. As your Social Security disability lawyer, I can review this information and / or review your disability file before making an appeal so that the appeal corrects any outnesses that may have led to the denial in the first place.

The Appeals Process

Whether you have applied for the Social Security Disability Insurance (SSDI) program or the Supplemental Security Income (SSI) program, you have the right to appeal after any decision except in the last appeal step, which is bringing your case to federal court. In New York, after an initial denial of your application, your next step is to request for a hearing before an administrative law judge. At this hearing, you will be given the chance to present your case directly to the judge, who will review your application, any new medical evidence you submit, and ask you questions about your disability. The judge may also question vocational experts or other experts at the hearing before making a determination.

Should your hearing result in another denial, your next appeal step is to request a review by the appeals council, which will evaluate the decision made by the administrative law judge. The council may reverse the denial, request a second hearing due to errors made in the first one, or agree with the denial. If denied by the council, your last step is to take your case to federal district court.

Throughout all steps of the appeals process, it is highly recommended that you hire a disability attorney who is thoroughly familiar with the process and who can strategize on your behalf to give you the best chance for a favorable result. That is the service I provide to all of my clients; I have effectively represented countless individuals throughout Monroe County in the appeals process. Contact a Rochester Social Security Disability lawyer from my firm to begin the review and appeal process today.

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