How to Overcome a Denial of Social Security Disability (SSD) Benefits
Was your SSD claim denied? We can help. The social security disability lawyers at Turley Redmond Rosasco & Rosasco will review your application, advise you on how to proceed with appealing the Social Security Administration’s (SSA) decision and help you recover your rightful benefits. Our attorneys understand your frustrations and concerns, and will take proactive steps to effectively overcome denied SSD claims. We assist clients throughout New York and Long Island, including Riverhead, Ronkonkoma, Shirley, Garden City, and New York City.
Top Reasons for SSD Denial
Individuals often retain us upon receiving a denial letter from the SSA. In many cases, the reason for SSD denial was entirely preventable and we can fix it on appeal. In other cases, the person was ineligible at the time of filing, but the disqualifying factor has changed. Commonly, the applicant submitted inadequate evidence or misunderstood the procedures or criteria.
Top reasons for denial include:
- Your medical condition did not meet the definition for disability
- You provided insufficient medical evidence of the severity or duration of your condition
- SSA determined you were able to perform the tasks required of you in your former job
- SSA decided that you could adapt your education, experience and transferable skills to another job
- You earned income above the maximum allowable amount
- You did not provide paystubs, tax returns or other evidence of earnings
- You received too much in workers’ compensation, veterans benefits or other programs
- You received a large personal injury settlement that disqualified you from benefits.
- You failed to include income from a non-job source for the SSD to consider.
- You committed a technical error.
What Should You Do If Your SSD Claim Was Denied?
Getting a denial letter is heartbreaking. You may have been counting on the SSD benefits to pay for crucial living expenses, and the delay may present financial challenges at a time when you should be focused on your health and future. The uncertainty can increase anxiety during an already stressful period of your life.
What should you do if you receive the dreaded denial letter?
- Do not panic. The SSA denies 70 percent of initial SSD applications, many of which are ultimately approved. Therefore, do not get discouraged or upset. You have other options, such as filing an appeal.
- Read the letter carefully. The letter explains why your claim was denied. The information contained in the letter will dictate the best course of action for gaining approval on appeal.
- Collect more evidence. You may need to submit additional evidence of your eligibility. For example, if the SSA claims your medical condition did not meet the definition of disability, you may need to provide more proof of its severity, expected duration or impact on your ability to perform certain job-related tasks.
- File your appeal right away. You have only 60 days from the date you receive the letter to file your appeal. If you miss the deadline, you must start the entire process from scratch.
- Retain legal counsel to help. An experienced disability attorney can strategize a plan to increase your likelihood of approval on appeal.
Filing an Appeal After Being Denied Social Security Disability (SSD) Benefits with Top Social Security Lawyers
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 social security 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 Social Security Lawyers About Appealing a Denial of SSD Benefits
If your SSD claim was denied, start preparing your appeal immediately to file by the deadline. The social security lawyers at Turley Redmond Rosasco & Rosasco help you take the steps necessary to gain SSA approval. Your SSD appeals evaluation is free, so contact us today for a consultation. We have offices conveniently located in Nassau County, Suffolk County and New York City.