How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

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.

Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state

Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

What is the Application Process for Social Security Disability and SSI?

Common Mistakes to avoid after being denied for Disability

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?

New and featured pages on SSDRC.com

Who can help me file for disability?

Related pages:

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?

These pages answer some of the most basic questions for individuals who are considering filing a claim.

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

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?

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.