Overview of Disability
Disability Back Pay
Requirements for Disability
Applications for disability
Tips and Advice for Disability Claims
How long does Disability take?
Winning Disability Benefits
Common Mistakes after a Denial
Mental Disability Benefits
Denials for Disability
Appeals for denied claims
Disability Benefits from SSA
Child Disability Benefits
Qualifications and How to Qualify
Working and Disability
Disability Awards and Notices
Disability Lawyers, Hiring Attorneys
Social Security List of Conditions
What Social Security considers disabling
Medical Evidence and Disability
Filing for Disability Benefits
Eligibility for Disability Benefits
SSD SSI Definitions
SSDRC authored by Tim Moore
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Appealing A Social Security Disability Denial in New York
If your initial disability claim, i.e. application for disability, in New York is denied and you wish to pursue Social Security or SSI disability, you must begin the Social Security appeal process. You have sixty-five days to appeal your denial from the date of your denial letter. This includes the sixty day appeal period and five days for the mailing of your denial notice.
The first disability appeal level is the reconsideration appeal. Reconsideration appeals are sent back to the state disability agency responsible for the initial disability claim decision. It is not sent to the same disability specialist or examiner who made the initial disability decision; however, the reconsideration disability examiner is still bound by the same guidelines as the first.
Logically, there is very little turnover at the reconsideration appeal level. The approval rate for reconsideration appeals is about ten to fifteen percent. As with your initial disability claim denial, you have sixty-five days to get your appeal to your local Social Security office. The second appeal level is an administrative law judge (ALJ) hearing (a.k.a. a request for hearing before an administrative law judge).
The ALJ disability hearing appeal level is the level of the disability process that produces the highest rate of approvals. The national average approval rate for ALJ disability hearings is about sixty-five percent; this is especially good since another ten percent are dismissed or denied for other reasons. Meaning, only twenty-five percent of all disability applicants who file for ALJ hearings are denied.
If your disability hearing review is denied, you can still appeal the administrative judge’s decision. Like other appeals, you again have a sixty-five day total appeal period. The third disability appeal level is an Appeals Council Review request.
The Appeals Council Review appeal is not likely to result in an approval. The Appeals Council looks for a flaw or mistake in the ALJ’s hearing decision before even reviewing the case. Only about two or three percent of cases are approved for disability benefits through the Appeals Council Review. Most disability claims sent to the Appeals Council are dismissed.
The only course of action available to a disability applicant once the Appeals Council denies or dismisses their disability claim is Federal Court Review. While disability applicants have an adequate chance of winning in federal court, it is time consuming and expensive.
Also, it could take years to win your disability case by suing Social Security. In fact, most disability lawyers do not file disability cases in federal court because of the expense and time. Only about one percent of all disability cases make it to federal court.
Note: The request for reconsideration appeal step is currently suspended in the state of New York as New York is one of 10 prototype states testing a system in which denied claims move immediately to the hearing level upon appeal. Reconsideration may be reinstated at some point and many consider this likely.
In the meantime, a claimant who is denied on a disability application should request, and prepare, for a hearing before a federal administrative law judge. Hearing preparation should include gathering updated medical records (SSA does not conduct case development once a case is poised to go to a hearing).
It should also include gathering statements from a claimant's treating physician, or physcians.
Finally, it should include crafting a case theory that draws upon Social Security rules, regulations, and prior court rulings in order to provide a compelling argument for approval.
Return to: Social Security Disability Resource Center, or read answers to Questions
Will I Qualify For Disability Benefits in New York?
File for disability in New York
Denied on a Social Security Disability Claim in New York
Getting a disability attorney in New York
Social Security Disability Status or SSI Update in New York
What do I do to file a disability appeal in New York?
Can you appeal a disability denial in New York after the deadline?
Appealing A Social Security Disability Denial in New York
What is the first thing that will get you denied for disability?
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria