Appealing Your Disability in the State of New York
According to the Social Security Administration, the probability that you will receive benefits after your initial disability application is about 28 percent. This means that for most applicants must file an appeal to try to receive benefits. In the state of New York, applicants should appeal the decision within 60 days from the date you received your letter of denial. Filing online is an option, but it must be supported by additional documents. You may also directly contact the Social Security Administration. Throughout all of these processes, a representative can assist you pending notification of the administration. There are four levels of appeal. The first level is reconsideration. At this time, a complete review is made of your original claim. Reconsideration includes all the documentation you submitted
and any additional documentation. A representative that was not involved in the original decision conducts this review. In most case,s the applicant need not be present. If you are still denied at this time, the next step would be a hearing. This hearing is conducted by an administrative law judge. For this hearing, you must be present in front of the judge. The location of the hearing is within 75 miles of your residence and you will be notified of the time and place by the judge. It is to your advantage to provide witnesses to your case, such as medical professionals who can vouch for your medical condition. The judge directs questions to you and to any of your witnesses. Cross examination is allowed of the witness by either you or your representative. A video conference may be allowed with a location that may be closer to your residence. If, for any reason, you cannot attend this hearing, you must provide in writing why you cannot do so. After this hearing, the judge will make his decision on his findings and will notify you by letter. If you are again in disagreement with the judge’s findings, you may ask for a reassessment by the Social Security Appeals Council. This council may deny your request for an additional appeal if, after review, it believes the judge’s decision was fair. The council may decide to review your case or they may return the case to a judge for further review. You will receive notification of the decision in either case. Your final recourse step would be to file a lawsuit in federal court. Your denial letter from the Social Security Appeals Council will outline this process. You may be eligible for your benefits to continue throughout this process, but keep in mind that if you are denied, you may be asked to pay back some or all of the monies. The appeal process is a lengthy and rigorous procedure. It is also tedious and exacting. Contact our offices in order to produce a favorable and timely outcome. Article Source: https://storify.com/DLMLLC/appealing-your-disability-in-the-state-of-new-york