Denied Social Security Disability Claim
A New York Social Security Disability Lawyer Who Fights for Your Denied Claim
Being out of work due to injury, illness or disability is hard enough, but having your SSD claim denied can be discouraging and insulting. You've worked hard and paid into the system your entire life and now that you need financial help, the Social Security Administration is rejecting your SSD claim. This is why you need a skilled Social Security Disability attorney handling your legal case.
With decades of experience as a trusted New York Social Security Disability law firm, Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP knows how to fight denied SSD claims and win. We will handle your entire SSD case, from filing an SSD claim to representing you in court at an SSD hearing. With us on your side, your application will be complete and accurate, and the Administrative Law Judge will have to listen to you.
Why are SSD claims denied?
There are several reasons the Social Security Administration denies SSD claims, including:
- Lack of medical evidence: The SSA needs to see proof that you have a qualifying medical condition that is expected to last at least 12 months. If you don’t have enough medical evidence, your claim may be denied.
- Lack of compliance with treatment: Part of your eligibility for SSD is proving that you are receiving medical treatment and your condition is still preventing you from working. If you aren’t following your doctor’s instructions, your claim is more likely to be denied.
- Not enough work credits: To get SSD benefits, you need to have worked a certain number of years in jobs covered by Social Security to pay into the system. For most workers, this is five of the last 10 years, although you can qualify with a shorter work history if you are 30 or younger.
- Earnings too high: While it is still sometimes possible to get SSD benefits while you are working, you must be below the substantial gainful activity (SGA) threshold. This is a limit set by the SSA that changes every year. If your earnings are above this threshold, you can’t get Social Security Disability.
- Your age: In general, the closer you are to retirement age, the easier it is to get SSD benefits. If you are under 50, the SSA takes the possibility of changing careers into account, so you can only get disability benefits if you are unable to do any substantial gainful activity (even if it would require retraining). If you are 50 or over, the SSA doesn’t expect you to pursue retraining; it looks at the jobs you are already trained and experienced to do.
Unfortunately, the Social Security Administration is quite picky with the initial applications to keep costs down. They may argue your medical condition doesn’t meet the eligibility criteria, or your initial application may have had some minor errors. We know what to do next.
What happens if your SSD is denied?
First of all, don’t panic. The Social Security Administration denies a lot of initial applications; most cases are won on reconsideration or appeal. So having your initial application denied is a common, normal part of the process.
Second, get an experienced SSD attorney to handle the next steps. Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP will be right by your side every step of the way. Fighting a denied Social Security Disability claim is a long process, with many phases.
The appeal process for SSD claims
Reconsideration
If your initial application is denied, you will have 60 days to file a request for reconsideration. We will help you properly fill out the complex paperwork.
Hearing Before an Administrative Law Judge (ALJ)
If your application is denied for a second time on reconsideration, the next step is a hearing with an Administrative Law Judge (ALJ). We will appear at the hearing with you and prepare you to testify accurately about why you can no longer work.
Review by Appeals Council
If the ALJ denies your claim for a third time, we file a brief with the Appeals Council. The Appeals Council either reverses, remands, or affirms the ALJ's decision.
Federal Court Review
If you disagree with the Appeals Council's decision or it chose not to review your SSD case, we can file an appeal in a Federal District Court on your behalf.
How many times can you be denied SSDI?
There is no limit to the number of times your application can be denied or the number of times you can reapply. However, if you don’t have new information, the SSA will simply keep denying your applications. You generally have a better chance of getting approved on reconsideration or appeal, rather than simply applying over and over again. Our attorneys can help you with this process.
Get a law firm with a proven track record of results in SSDI cases
Whether you have malignant mesothelioma after years of asbestos exposure as a tunnel digger or you suffered a spinal cord injury after a construction site fall or broken bones from a work-related car accident, you deserve the benefits you’re entitled to receive. The harsh reality is that, even if you have a common medical condition or disability, it’s your word against the government. If you’ve been denied Social Security Disability, a lawyer can help with the next step.
Studies have shown that the SSD success rates for claimants who hire an attorney are nearly three times as high as those who go it alone. Unlike Social Security Disability "advocates," we are SSD attorneys who can, and will, take your case all the way to Federal Court if necessary. Appealing a Social Security Disability denial is a complicated process, but we do it successfully— all the time We will fight hard to get you the SSD payments you deserve too.
Call Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today at (800) 692-3717 or contact us online for a free evaluation. You have nothing to lose and everything to gain. We’re based in New York City and our Social Security Disability lawyers serve Manhattan, Staten Island, Brooklyn, Queens, Westchester, Rockland County, Kings County, the Bronx and Long Island. We also handle SSD cases on behalf of clients anywhere in the United States.