New York Disability Claim Denial Lawyer

Applying for Social Security Disability (SSD) benefits is a big step that requires a lot of effort. It’s incredibly disheartening to learn that your claim has been denied. Fortunately, claim denials aren’t the end of the road.

At the Law Offices of Daniel Berger in New York City, we devote our practice entirely to disability law. A major part of our practice involves helping people with disabilities overturn claim denials and get the full benefits they deserve. We can pursue the right avenue for getting your case back on track. You can benefit from our lawyers’ many decades of disability law experience – including extensive experience handling denied claims.

Table of Contents

• Why does Social Security deny disability claims?
• What can you do when your claim is denied?
• How to appeal a denied claim
• Why choose our firm?

Why Does Social Security Deny Disability Claims?

If you are applying for Social Security Disability benefits, there are some common reasons why the Social Security Administration (SSA) may deny your claim. Be aware that the rules for Social Security Disability are very stringent and you must thoroughly prepare to comply with all the requirements.

Lack of Documentation or Evidence

The most common reason for denial is a lack of supporting medical information. You must submit as much documentation from doctor visits and any accompanying testing to determine if your medical condition is severe enough to be considered a disability by the SSA. If you refuse to give any required information, the agency may deny your request for benefits. There may not be enough medical evidence to support your claim. If your medical condition is not among what is listed as acceptable conditions, you need additional medical evidence to show you deserve these benefits.

Less than 12 Months of Disability

Another reason for denial could be that your medical condition may not last at least 12 months. Social Security does not pay for partial or short-term disabilities.

Disability Connected to Drugs or Alcohol

The SSA may deny your disability benefits if there is not enough evidence that your disability would continue without the presence of drugs or alcohol.

High Income

Denial might happen because you receive too much income. This means that if you are working at the time you apply, and you make more money than what is allowed for a disability, the SSA might not let you have these benefits. In 2024, the amount is $1,550 per month, but this total changes from year to year.

Lack of Communication

When applying for these benefits, you must be available for the SSA to contact you. The agency expects to reach you for any questions staffers may have or to schedule appointments for tests and examinations. Failure to have contact may lead to a claim denial.

Noncompliance with Doctor’s Orders

While being treated by your physicians, if you do not comply with your doctor’s orders, you may also risk denial or cessation of disability payments. These treatments may include prescribed medication, any physical therapy or scheduled surgeries.

Allegations of Fraud or Another Crime

Fraud is a serious accusation, and it is not taken lightly by the Social Security Administration. Although fraud constitutes only a small amount of payments given, the administration prosecutes these cases to “the highest degree of the law.” If you have been convicted of a crime, the SSA discontinues disability benefits. This also applies if you have an outstanding warrant or have violated parole.

What Can You Do When Your Claim Is Denied?

The vast majority of initial Social Security Disability claims are denied – many of them unfairly. That sets disabled claimants on the long road toward one or more appeals.

Review Your SSD Denial Letter Carefully

Review the denial letter you received from the Social Security Administration carefully. This will not only give you the basis for the denial of your SSD claim but also your time limit for filing an appeal. In general, you have just 60 days to request a reconsideration, which is the first step in the appeals process, or you will have to start your claim from the beginning.

Contact an Experienced SSD Attorney

Filing an appeal on a denied SSD claim without the benefit of an attorney can put you at a serious disadvantage. Reconsideration requests go through much the same process as the initial claim, which means that the majority of those are also denied.

It takes an experienced eye to spot the real issues, regardless of what is written in the denial letter and develop a strategy to overcome them. Some steps that you can take to improve the odds of a successful appeal include:

• Correct any mistakes or omissions in your original application
• Submit any prior medical evidence that was not previously provided
• Submit any new medical evidence you may have, including updated medical records, new diagnoses and additional treatments
• Work closely with your doctor or other medical providers to get clear, detailed documentation that supports your claim that you are unable to work

One of our dedicated SSD attorneys can assist you with this process and organize the information in your claim in such a way that SSA’s disability claims examiners are most likely to understand.

How to Appeal a Denied Claim

If your Social Security Disability claim is denied, you have the right to appeal the decision. The appeals process includes several levels, each offering an opportunity to have your case reviewed.

Reconsideration

This is the first level of appeal. A different examiner from the one who handled your initial claim will review your case, including any new evidence you provide. This step does not require your presence and is a paper review.

Hearing by an Administrative Law Judge (ALJ)

If your claim is denied at the reconsideration level, you can request a hearing before an ALJ. This hearing provides an opportunity for you to present your case in person, and you can bring witnesses, such as medical experts, to support your claim. The ALJ will consider all evidence before making a decision.

Review by the Appeals Council

If the ALJ denies your claim, you can request a review by the Social Security Appeals Council. The Council will review the ALJ’s decision and determine if it was made correctly according to the law. They may deny the request for review if they believe the ALJ’s decision was correct, or they may decide to review the case and issue a new decision.

Federal Court Review

If the Appeals Council declines your request or upholds the ALJ’s decision, you can file a lawsuit in a federal district court. This is the final level of the appeals process and involves a legal review of your case.

Each level of the appeals process has specific deadlines, so it’s important to file your appeal within the required time frame, typically 60 days from the date you receive the decision. Having legal representation can be beneficial, especially in the later stages of the appeals process.

Why Choose Our Firm

At the Law Offices of Daniel Berger, you will find a helpful and supportive legal team that is truly dedicated to your cause. We understand that after a claim denial, you may feel like the system is stacked against you. It’s common to feel discouraged or even bullied. Our lawyers will be your advocates and allies, working tirelessly to secure the benefits you deserve.

We offer:

• Free consultations
• Decades of disability law experience
• A licensed attorney beside you at every hearing
• In-depth knowledge and experience handling all phases of the appeals process
• Extensive experience in federal court
• Pursuit of maximum benefits, including back benefits
• Helpful staff
• No upfront costs, since we only get paid when you get paid

You deserve to have peace of mind, knowing that your legal team has your back. Here, you’ll be treated with the care and attention you deserve.

Call us at 718-691-7475 today or fill out our contact form for a free consultation.