Don't Give Up on Your Denied Social Security Disability Claim. You May Still Be Eligible for Benefits!
If you are seeking Social Security Disability (SSDI) or Supplemental Security Income (SSI) benefits, we can help. The Social Security lawyers and staff at Portnoy and Marcus, P.C., have years of experience handling exclusively SSDI and SSI claims. Contact our office today to schedule a consultation and discuss your specific case with a member of our Social Security Disability legal team.
A General Overview of the Steps in the SSDI Claims Process
Application
The first step in the process is filing the initial application. You will be required to complete a series of forms. All the questions must be answered carefully. Our firm will help you to accurately and thoroughly answer all questions and we will gather medical evidence from your doctors.
Based on your responses to the forms and a review of available medical evidence, the Division of Disability Determinations (a separate and independent state agency) will make a recommendation to the Social Security Administration (SSA) as to whether or not you are eligible for benefits.
Do not be discouraged if you are initially denied benefits. It is important to know that your chances for success improve as we continue to fight.
Reconsideration
It used to be that to appeal your initial denial, you had to file a Request for Reconsideration within 60 days of the date of your initial denial. SSA has changed this in the Hudson Valley, and now, when a denial is issued on medical grounds, the proper appeal is a Request for Hearing. However, there are times when a denial may be made on non-medical grounds, such as lack of coverage.
In such cases of a non-medical denial, SSA may ask that you file a Request for Reconsideration as your appeal. Please read your initial denial letter carefully to see what appeal SSA tells you is required. An attorney from our firm can review your letter to determine the proper course of action to take.
Hearing
The hearing is the crucial step of the appeal process where you have the best chance of winning. Slightly more than half of all hearings result in the claimant receiving benefits. A hearing is conducted by the Office of Disability Adjudication and Review of the SSA. This is not the same office which denied your initial application and your reconsideration.
It is critical to have a lawyer at the hearing. Social Security's own statistics show that represented claimants are more likely to be successful than those who go to the hearings alone. Comprehensive pre-hearing preparation is done by our attorneys, who are very thorough and detail-oriented.
Additional Appeals
We have successfully represented many claimants at the Appeals Council and in the U.S. federal courts. In the event that you are not successful at the hearing, a written appeal can be made to the Appeals Council. If this appeal is denied, the U.S. federal courts can review unfavorable decisions. If it is found that a decision is not based on substantial evidence or if a legal error has been made, the decision may be overturned.
Contact a Social Security Disability lawyer at the office of Portnoy and Marcus, P.C., today to schedule a consultation and learn more about how we may be able to help you get the benefits you deserve.