Appealing a denied SSD claim in New York

On Behalf of | Oct 23, 2021 | Social Security Disability

If you have sustained injuries or are suffering from an illness that makes you unable to work in New York for at least a year, you may be eligible for Social Security Disability benefits. However, when most people apply for these benefits, the state’s agency denies their claim. If you are one of those people, here’s how you can appeal a denied SSD claim.

Start with an ALJ hearing

When your Social Security Disability claim is denied, the first thing you should do is request a hearing before an Administrative Law Judge, or ALJ. The judge will question you and your witnesses, typically vocational experts. Then, they will examine your newly submitted evidence.

It is important to work in haste. In New York, you can appeal within 60 days of receiving the denial letter. Moreover, after filing for the appeal, you only have 10 days to submit new evidence such as medical records that prove your need for an appeal.

Proceed to Appeals Council review

If the ALJ approves your claim, then you won’t need to proceed with the second level of appeal. However, if they do, your next step is to submit to the Appeals Council. When the Appeals Council grants your wish for an SSD benefits appeal, they will appoint an Appeals Judge to determine if there was something overlooked or missed by the ALJ, resulting in the denial of your initial appeal.

Again, you should appeal with the Appeals Council within 60 days after the ALJ denial. Usually, if they find fault in the decision of the ALJ, they will send the case back to them and ask to review your claim once again.

Go to federal court

If the Appeals Council denies your claim, you are still eligible for appeal. You can go to the federal U.S. district court in New York and file a civil suit.

Fighting for your rights is very important. Don’t give up filing for an appeal until the last stone is turned.