Call
Menu

EMD Blog

Appealing a Denied Claim in Albany, NY —Useful Advice from an SSDI Attorney

Erwin, McCane & Daly | Tuesday, June 28, 2016

Many individuals that apply for Social Security Disability benefits are denied after their initial application—lack of proper documentation, missing information, etc. may be the reasons. However, those with a denied claim have a higher chance of approval by going through the appeals process. If your claim has been denied, appealing a denied claim in Albany, NY requires important steps to successfully reverse the denial.

Steps to Take When Appealing a Denied SSDI Claim

After you receive your denial, there are a few steps you must take to successfully appeal. In New York, you only have 65 days to appeal; therefore, you will want to work fast. Some steps you must follow include:

  1. Reading the Explanation - A denial letter from the Social Security Administration should state why you were denied as well as impairments and medical records their reviewer considered. Often there are errors or omissions in your original records which cause the automatic denial, and these can be corrected.
  2. Requesting a Reconsideration - Very few denials are turned over during reconsideration, but this is the first necessary step of the appeals process. During reconsideration, your denial can be overturned if there was a critical error. This phase will include a complete review of the original claim by a Disability Determination Services representative.
  3. Requesting an Administrative Law Judge Hearing - Also known as an ALJ, this stage is heard in front of an administrative law judge. The judge’s job is to uphold the denial or overturn decisions. This stage is when the highest level of approvals and overturned denials tend to occur.
  4. Request an Appeals Council Review - If the ALJ stage still results in a denial, you can file your request with the Appeals Council Review. The council only looks for flaws or mistakes made during the ALJ; therefore, if none were encountered, it is unlikely your denial will be overturned.

A denied disability claim attorney can help file your necessary paperwork and appeals. Very often, first-time applications are denied due to minor errors which are easily spotted by a trained professional. The attorneys at Erwin, McCane & Daly can help you with your denial.

Call us today at 518-449-2245 to discuss appealing a denied claim in Albany, NY or contact us online to schedule your free consultation.