New York Social Security Disability Lawyers Deal With Challenging, Complex Issues

Nov. 4, 2011 - PRLog -- New York Social Security Disability Lawyers are faced with no easy task. Just think about it: most SSD clams are summarily dismissed, right at the outset. It then becomes important for the claimant to make sure they have retained experienced, competent legal counsel for effective representation.

The Social Security Disability Appeal Process

Sherman, Federman, Sambur & McIntyre, LLP point out that, if you believe that you are entitled to Social Security Disability benefits but your initial claim was denied, your next step is to begin the appeals process. The appeals process can be extremely time-consuming, but don’t give up. The key to winning your benefits is to keep appealing. When a Social Security Disability claim is denied at any level of the appeals process, you typically have 60 days to appeal to the next level, otherwise your claim will be kicked out of the system and you must restart from the beginning. Continuing to appeal also offers you the opportunity to provide additional evidence to prove your case.

Initial Determination and Reconsideration

If your first claim is denied, you have 60 days from the date of the initial decision to file for reconsideration. The request for reconsideration must be made in writing. During reconsideration your Social Security Disability eligibility is reviewed by someone who was not a part of the initial denial of your claim. There are a few prototype states that have eliminated the reconsideration stage. It is important to pay close attention to the instructions on your decision.

Administrative Law Judge (ALJ) Hearing

If you are denied during reconsideration, the next step is to request a hearing with an Administrative Law Judge. (Again you have 60 days to do this.) The ALJ will not have had a part in any previous decisions of your case. During the hearing, you will need to answer questions posed by the ALJ about the state of your condition. You can also present any additional evidence if available. Most claims are denied at the Initial Determination and the Reconsideration stages, so at this point, if you have not found a Social Security Disability advocate – you need to do it now!

SSD advocates have expert knowledge regarding the laws that regulate the SSD and SSI disability approval process. They are experienced with the types of medical evidence needed to successfully support a claim, and they know the proper way to present this evidence to the Administrative Law Judge. Your advocate will know the types of questions the ALJ generally asks, and will be able to answer for you in a way that best describes your condition and represents your case. The Administrative Law Judge will then issue a decision, which can be approval of your claim or dismissal.

The Appeals Council

If your case is denied by the Administrative Law Judge, you must appeal the case to the Appeals Council. The Council can reject your review, deny your benefits, send the case back to an ALJ for another hearing, or accept your case and make a decision. At this point your advocate would make a case that points out where the ALJ on your case made reversible mistakes, or offer further evidence that supports your claim.

If you would like to learn more about Social Security Disability and the entire appeals process, visit the website http://www.socialsecuritydisabilitylawyersny.com or call 866-557-7500.

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If you are out of work because you have become you were injured and have become disabled you may be experiencing a forced retirement. This may not be the kind of retirement you and your loved ones had hoped for; however, it does not have to be a nightmare and the Lawyers at Sherman, Federman, Sambur & McIntyre are here to walk you through this overwhelming process.