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Mark J. Palmiere Attorney at Law

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Read our informative blogs on social security disability.

Social Security Appeals in New York

Why was my claim denied?

There are various reasons that claims for Social Security Disability are denied but oftentimes it is due to a lack of adequate documentation for the administration to look at regarding your medical records and history. Without proper documents showing your health it is difficult to show the Social Security Administration (SSA) the true need that you may have for disability income. The SSA decides for themselves using their own definitions who is considered to be disabled; they may not find the illness or injury that you have to be a disability needing disability income. Many times they are not aware of the whole situation because you are not there to explain your inability to work throughout a whole day or on a regular basis because of the injury or illness that you are suffering from. If you file a claim and your request is denied you need to work with a skilled lawyer to build your case and appeal your Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) denials.

Appealing SSDI and SSI Denials

Has your application for SSDI or SSI been denied? You have 60 days to appeal your denial from the day that you receive the notice of denial. After 60 days it is considered an untimely appeal and in that case you would need to file a new SSDI or SSI claim unless there was a good cause for you missing the 60 day deadline. Good cause in this case would be issues such as illnesses, hospitalizations, or injuries that led to a filing after the deadline. The appeals process can be stressful and long which is why it is necessary to seek assistance from a skilled Rochester social security disability attorney who is familiar with the process. There are several steps that you can take to appeal your denial, they occur as following:

  1. Reconsideration- This is the stage in which you or ideally your lawyer would file a request for reconsideration with Social Security and if they deny your request at this stage, you can request a hearing. The chances of being successful at the reconsideration stage is very low, about 85% of cases are denied at this review. You have better chances of success at the hearing.
  2. Hearing- This is done with an administrative law judge (ALJ) and you will have the opportunity to appeal your case to the judge directly. The judge will then review the request for appeal, look over any new medical documents or information that you have, and they may ask you questions about your situation directly. If the judge denies your request, you can then appeal to the appeals council.
  3. Appeal- You would write a request for the appeals council to review your case and this council would review the hearing decision and can reverse the decision, request a second hearing for your appeal, or second the denial.
  4. Federal District Court- If the appeals council denies your request, the last step you could take would be to request to take your case to the federal district court.

With proper strategy and preparation there is a better chance for a successful appeal. Social Security attorneys are extremely beneficial when it comes to appeals because they know the best ways to reach a favorable outcome.

Appealing a Cessation of Benefits

If your benefits are terminated after a Continuing Disability Review (CDR), you can appeal the cessation. The first thing you would need to do is request a review, the review would be done by the state agency's hearing office that deals with disability determination. Someone at the state agency's office would review over your file and could reverse the termination of your benefits. If that request is denied, you would have a hearing with a disability hearing officer from the state disability determination agency and that person will review the CDR and make a judgment regarding your medical issue. The officer will make a call for or against the cessation and like the other appeals you would move on and request to have a hearing with an ALJ and if your request is still denied then the Appeals Council and then the federal district court.

Contact a Rochester Social Security Disability Attorney

This process can be very overwhelming which is why pursuing assistance from a Rochester disability lawyer is key to successfully appealing your denials or benefit cessations. Call Mark J. Palmiere today to schedule a free initial consultation to discuss your case with an experienced attorney from our firm.

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