Filing an Appeal After Being Denied Social Security Disability (SSD) Benefits
Did you know that 70 percent of Social Security Disability (SSD) applications are initially denied? If you applied for SSD benefits and were rejected, our disability attorneys can help you file an appeal. Turley Redmond Rosasco & Rosasco wins approval of most applications upon reconsideration by a Social Security Administration (SSA) agent or a hearing before an administrative law judge, and succeeds with many at the Appeals Council or federal court stages. A denial letter is not the end of the road. We can help you get the SSD benefits you are entitled to.
Prepare Your Appeal Immediately
If you received a denial letter from the Social Security Administration, you need to take action immediately. You have only 60 days to file your appeal with the SSA. If you miss this strict deadline, you waive your right to an appeal and must start the application process over.
Our disability lawyers in New York are often able to obtain approval at the first appellate stage. However, we can also file appeals of wrongful denials to higher level courts.
An SSA agent not involved in the original decision will review your case. We have the crucial opportunity to submit new evidence and address the reasons for initial denial and have your claim reconsidered. Typically, the SSA does not require you to be present. Our attorneys will handle this process on your behalf.
Administrative Law Judge Hearing
A judge will review the original decision and reconsideration at a hearing. The judge may ask you to submit more evidence before the hearing date. Likewise, you can elect to submit evidence in support of your case at the hearing. Evidence often includes expert testimony of doctors, vocational therapists, physical therapists and other witnesses.
The hearing is generally held within 75 miles of your home. You may also be granted the option of having a video hearing, which allows you to appear before the judge if your injury interferes with your ability to travel to a hearing location to attend in person.
Appeals Council Review
You can request a review of the judge’s decision by the SSA Appeals Council. The Appeals Council may take three actions. Upon a finding that the judge’s decision was correct, the Appeals Council may deny your request for a review. Alternatively, the Appeals Council may review your claim and either affirm or reverse the denial. Or, the Council may return your case to the administrative law judge with instructions to review it further.
Federal Court Review
Filing a claim in federal court is the last option for an SSD applicant. These cases typically involve a flawed decision made by the SSA, administrative law judge or the Appeals Council. Although SSD claims rarely reach this level, our lawyers have the trial skills to analyze whether doing so makes sense in your case and can make a compelling argument to the court in support of our position.
Consult With Our Disability Attorneys About Filing an Appeal With the SSA
Was your Social Security disability claim denied? You have options to reverse that decision. The disability attorneys at Turley Redmond Rosasco & Rosasco can advise you on appealing your SSD decision at a free case evaluation. Contact us today to schedule a consultation with our attorneys.