Overview of Disability
Disability Back Pay
Disability Advice Tips
How long do cases take?
How to win Disability
SSD Mistakes to avoid
Disability for Mental
What if you get denied?
How to file Appeals
Disability through SSA
SSI Disability Benefits
Disability for Children
How do I qualify for it?
Working and Disability
Disability Award Notice
Disability Lawyer Q&A
Disability Conditions List
What is a disability?
Your Medical Evidence
Filing for your Disability
SSD SSI Definitions
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SSDRC Disability Blog
What do I do to file a disability appeal in New York?
The majority of applicants who file claims for social security disability (SSD) or SSI in New York will not be approved for benefits when they first apply. In fact, only 30 percent of all initial applications are approved by the NY disability determination services (DDS) agency, which means 70 percent of disability applicants will at some point be required to file an appeal, or request for reconsideration, with DDS.
Request for reconsideration appeals must be filed within 60 days from the date printed on the initial denial of the claim (note: not 60 days from when you received the claim in the mail). Therefore, after you have been denied for disability benefits, you should immediately contact the social security office and inform them of your intention to appeal the disability examiner’s decision in your case. At that point social security will note that you have made a timely request (within the 60-day deadline), and send paperwork for you to fill out in order to initiate the appeals process.
The forms associated with reconsideration appeals are not lengthy or complicated, but some claimants may wish to retain a disability lawyer at this point. Only 15 percent of disability appeals with DDS are successful, so there is a good chance that your case will be one of the many that must be heard before an administrative judge before it is approved (if it is approved). And if, as is likely, your appeal is denied and must be heard before a disability judge, your chances of winning benefits are significantly greater if you have a lawyer present your case.
A disability attorney, or a non-attorney disability representative, in New York can file your appeal paperwork for you, including documentation of any new medical evidence that may help corroborate the disabling nature of your condition.
If you have had a disability lawyer involved in your case from the beginning, he or she will most likely receive notice that your claim has been denied, and automatically file an appeal for you with social security, but you should always check to make sure your lawyer has been updated.
A reconsideration appeal is almost always worthwhile, even if only to advance your case to the level at which it stands its best chance of approval: the administrative hearing. Most disability applicants will end up filing one at some point. In fact, so many initial claims are denied that many believe the common misconception that there is an unspoken rule within the social security administration that no disability claims can be approved the first time they are filed.
While there is no rule in place, spoken or unspoken, that states a disability claim cannot be approved fairly quickly after the initial application, enough individuals filing for SSD or SSI benefits are denied that claimants would be wise to prepare for the possibility of appeals, beginning with the request for reconsideration process.
Of course, when filing appeals, claimants in New York should be especially careful to comply with the deadline for filing an appeal. If applicants miss the deadline for filing an appeal, they will have no choice but to start the entire disability application process over again with a new claim, and unnecessarily delay the final decision in their claim.
Return to: Social Security Disability Resource Center, or read answers to Questions
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