Unfortunately, many applicants are denied disability benefits the first time they apply. Understanding why your claim was denied is important as it will help you know what your claim was missing or where your claim can be approved. This will help improve your chances of success during the appeal process. Reasons like lack of proper documentation, missing information, etc. are all common reasons for the denial. Don’t give up, because those with a denied claim have a higher chance of approval by going through the appeals process. If your claim has been initially denied, appealing a denied claim in Albany, NY requires important steps to be taken in order to successfully reverse the denial.
What are the 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 quickly to gather all necessary items for the appeal. Some steps you must follow include the following:
- Reading the Explanation– A denial letter from the Social Security Administration will state why your claim was denied as well as impairments and medical records their reviewer considered. There are often errors or omissions in your original records which cause the automatic denial. The good news is these can be easily corrected.
- Requesting a Reconsideration– Very few denials are turned over during reconsideration, but this is the necessary first 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.
- 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.
- 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.
If you were denied SSDI benefits a denied disability claim attorney can help you file all your necessary paperwork and appeal documents. 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 .
