Suffering a debilitating injury can pose a threat to your ability to work in the future. Not having a stable form of income to support your family with can be haunting. Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits might be able to help you, depending on your situation. Once you’ve completed the SSDI or SSI application, you will be notified of the status of your application and whether or not is has been approved. Should you receive a notice that your application has been denied, there may be more options available to you to repeal this decision.
The denial of a Social Security Disability Insurance or a Supplemental Security Income application may not be the end of the road. If your application has been denied, do not lose hope, the SSDI and/or SSI application process can be quite complex. Retaining counsel experienced in these types of appeals is crucial to obtaining benefits as they involve detailed reconsideration and an appeals process which you may be able to bring to a court of law.
It is important to not get discouraged by the initial denial of an SSDI or SSI application. Many initial applications are denied, some stemming from technical errors, illegitimate claims, or incomplete applications. To reduce the risk of initial denial, be sure that your claim is legitimate, showing that you have a physical or mental disability that has been confirmed by a medical specialist, and that your application is completed to its entirety. Prior to submitting an application, it is wise to have an experienced SSDI/SSI lawyer review it to check for nuances that deviate from a standard, approved application.
Appealing a denied application can be challenging. However, in New York, the process is shortened slightly, by being able to skip the request for reconsideration process, where the initial application would be reviewed again. In New York, the appeals process begins with an Administrative Law Judge (ALJ) hearing and it is imperative that you apply for this request within 60 days of your initial denial date. Typically, Administrative Law Judges are able to overturn about half of the original denials, allowing the applicant to begin recovering benefits.
However, if an unfavorable decision has been rendered by the Administrative Law Judge, you may continue your appeals by requesting the Appeals Council to review your case a second time. Here, the Appeals Council searches for errors of law made by the Administrative Law Judge. The Appeals Council will then review the decision rendered by the ALJ and re-issue its verdict. If they find an error has been made by the Administrative Law Judge, they may be able to grant approval of the application. Conversely, should the Appeals Council deny your request, you may then be inclined to file a lawsuit against Social Security in federal court.
If you or a loved one had an initial application for Social Security Disability Insurance or Supplemental Security Income denied, it is important to follow through with the appeals process to potentially receive the money you may be entitled to. For assistance with Long Island and New York Social Security Disability applications and appeals, contact the attorneys of Sullivan & Kehoe, LLP. With over 50 years of combined experience between its lawyers, our attorneys may be able to assist you or a loved one in obtaining disability benefits. Call our office at (800) 395 -7830 to schedule a consultation in our New York City, Garden City, Kings Park, Riverhead, or White Plains office.