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Home | Social Security Disability | Appealing a Social Security Disability Denial

Appealing a Social Security Disability Denial

SSD Claim Denied? Let a Trusted, Aggressive SSD Attorney Fight For Your Rights!

You have an illness or injury that keeps you out of work, you paid into the system, and you’ve applied for Social Security Disability benefits. Unfortunately, the Social Security Administration denied your claim. What can you do? If you take on an SSD appeal case on your own, it’s very likely you’ll have your SSD claim denied a second time due to common SSD application mistakes or not enough medical evidence. Our experienced SSD attorneys are prepared to fight for you.

For decades, we've been successfully appealing denied SSD claims. We're ready to pursue the Social Security payments you deserve, including representing you at a hearing if that's what it takes. We represent our clients at appeal hearings all the time, handling all the paperwork, legal forms and medical documentation required.

What is the Social Security Disability appeal process?

If your initial application is denied, there are several steps you can take:

  • Request reconsideration: You have 60 days to file a request for reconsideration with the Disability Determination Services (DDS) department of the SSA. During the reconsideration process, a different examiner from the one who denied your initial request will review your application, along with any new information you have submitted.
  • Hearing by an Administrative Law Judge (ALJ): If your application is denied a second time on reconsideration, then you can take your claim to a hearing before an administrative law judge who works for the Office of Hearings Operations. Again, you have 60 days to request a hearing
  • Appeal to the Appeals Council: If your SSD application is denied a third time by the ALJ, you can ask the Social Security Administration Appeals Council to review your case. The Appeals Council may review the application itself, or they may “remand” the case; that is, send it back to the ALJ for further consideration.
  • Appeal to U. District Court: If the Appeals Council denies your application, the final level of appeal is before a federal judge in United States District Court.

A Tough Disability Lawyer Can Ensure That Denied SSD Claims are Reversed at the Hearing

Social Security Disability hearings are less formal than typical court hearings, usually lasting less than an hour. The Administrative Law Judge may wear traditional black robes and sit behind a judge's bench, but an SSD hearing is fairly relaxed and you may dress neatly, but casually. Sometimes SSD hearings are held in a hotel or bank conference room, or may be held via video-conferencing. Whatever format, your SSD hearing can be a key aspect of fighting a denied SSD claim and it is vital that you hire a real Social Security Disability lawyer and not an SSD "advocate." They may not have the experience and background that you need to get your desired results.

Don't Go Into an SSD Appeal Hearing Alone-Call an Experienced Law Firm

There could also be other participants at your Social Security hearing, including a medical expert, a court reporter and a vocational expert (VE). Before the hearing, we'll prepare you for what to expect and go over your testimony. When the hearing starts, the court reporter will swear in all parties and the judge will most likely ask you questions about your injuries or illness, and mobility and performance limitations it caused. In some cases, the judge won't ask you any questions during the SSD appeal hearing, instead talking only to the Social Security Disability lawyer, who will speak on your behalf. The judge may ask the VE what type of work someone in your situation could handle. But the judge will usually give you the chance to speak at the end if we, as your attorney, feel that your testimony would help your denied SSD benefits claim case.

If your SSD claim was denied, whether you live in Manhattan, Staten Island, Queens, Rockland County, Westchester, or Suffolk County, call the seasoned New York Social Security Disability attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP at (800) 692-3717 or contact us online today for a free evaluation. Don't end up with another denied SSD benefits claim-tell us about your SSD case today.