Social Security Appeals Attorneys in Buffalo, NY
Have you recently been denied your claim for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits by the Social Security Administration (SSA)? If so, there’s still hope. The Social Security appeals attorneys at Hiller Comerford Injury & Disability Law are available to help people across Western New York file an appeal without starting a new claim.
At Hiller Comerford Injury & Disability Law, we know how important Social Security disability can be to a person, and we’ve been providing Social Security disability law services for our clients since 1999. We’re a growing firm, but not so large that we lose sight of the importance of personal, individual attention for every client.
If you need help with your SSDI or SSI benefits, contact our office today.
Social Security Benefits
The Social Security Administration offers help to people in two ways. Social Security Disability Insurance benefits are available for workers who have temporarily suffered from physical or mental impairments. These issues must be of sufficient severity to have prevented the worker from engaging in their occupation or in another kind of work.
Supplemental Security Income is similar, but benefits are available specifically for those who are 65 and older or those whose income is low enough to meet the standard. Experienced Social Security appeals attorneys can help you understand the qualifications necessary to obtain benefits and represent you in the Social Security appeals process.
Medical Conditions and Disabilities that Qualify for SSDI
To qualify for Social Security Disability Insurance, you must meet certain standards. One such standard is the requirement that you must have been unable to work for at least 12 months because of your condition.
Qualifying medical conditions and disabilities that can qualify for SSDI benefits include:
- Blindness
- Chronic Pain Syndrome
- Fibromyalgia
- Heart disease
- Crohn’s disease
- Multiple sclerosis
- Osteoarthritis
- Rheumatoid arthritis
- Paralysis
- Stroke
- Severed limbs
- Reflex sympathetic dystrophy
Do you have a qualifying condition that has kept you from being able to perform your normal occupation but have had your claim denied? The Social Security appeals attorneys at Hiller Comerford Injury & Disability Law will discuss your case with you and evaluate your legal options.
Social Security Disability Insurance Claim Denials
The Social Security Administration receives more than 2.5 million applications for benefits every year. The process can be frustrating for people who try to deal with the process alone, as many initial applications are denied.
Social Security appeals attorneys know the system and can help you if the government has denied your initial application. An attorney can ensure that deadlines are met and that all proper documentation is gathered and prepared.
An attorney can help prepare your initial application, too. If you already applied and were denied, the aid of an attorney can be even more critical.
Common Reasons Claims Are Denied
Waiting too long to apply makes it less likely your claim will be accepted. There are also times when disabled individuals are awarded benefits, but the benefits are terminated before the beneficiary can use them.
Disability benefits may have been denied or canceled early if:
- You made a full recovery
- Your injury was less severe than you claimed
- Your injury was diagnosed inaccurately
- The “typical” recovery period has passed
- You are able to work even though you’re not fully recovered
The reasons claims can be denied or benefits canceled early reinforce how unique each person’s application is. If your claim was denied because of one of these reasons, Social Security appeals attorneys can help you provide the necessary proof of qualification.
New York Process of Social Security Claim Appeals
New York state has a process of appealing a Social Security claim that has been denied. The following is an explanation of each step in the appeals process.
Level One: Administrative Law Judge Hearing
After your claim has been denied, the first step of the appeals process is to request a hearing before an Administrative Law Judge (ALJ). You and a vocational expert will have an informal hearing with a judge who will examine and review the claim and any new evidence that has been submitted.
The judge will also question you and any relevant witnesses during this hearing.
The ALJ hearing must be requested within 60 days from the date of the denial letter. Any new evidence you wish to have considered must be submitted within ten days of filing the hearing request.
Level Two: Appeals Council Review
If the ALJ hearing does not produce favorable results, you can appeal the decision through an Appeals Council Review request. In the event your request is granted, the Appeals Council will appoint an Administrative Appeals Judge to review your case and make a determination concerning any fault in the ALJ decision.
The Appeals Council review must be requested within 60 days of the ALJ hearing decision. This process can be lengthy, as there are a limited number of judges who hear these cases.
After the review, the Appeals Council can send the case back to the ALJ for another review, overturn the decision and make it themselves, or deny your claim altogether.
Level Three: Federal Court Lawsuit
If both the Administrative Law Judge hearing and the Appeals Council review result in a denial of your claim, you can file a lawsuit in a federal U.S. District Court. This level of appeal can be costly.
It could be to your benefit to use a lawyer to help file your initial claim application. If your initial claim is denied, the Western New York Social Security appeals attorneys at Hiller Comerford Injury & Disability Law will work to solve your claim issue at the lowest level of appeals.
How Social Security Appeals Attorneys Can Help
Having a lawyer file your initial claim can help you avoid mistakes and might result in you receiving your award more quickly. If your application process moves into the hearing stage, an attorney can help you by:
- Gathering medical evidence to support the severity of your condition
- Protecting your right to a fair hearing
- Obtaining a report from your doctor according to Social Security regulations
- Assessing and responding to written questions from the ALJ concerning an additional medical opinion
- Sending you to a vocational expert to determine your ability to work
- Obtaining documents from your file and reviewing actions taken by the SSA
- Cross-examining witnesses at your hearing
- Ensuring the SSA calculates your benefits correctly
- Requesting hearing reviews for each step of the appeals process
A Social Security appeals lawyer can be of great benefit to you during this critical time.
The Disability Benefits Process
The Social Security Administration’s process for the initial determination of disability may take three to five months and occasionally longer. Following the receipt of your application for disability benefits, a Social Security representative will review the information you have provided. If the representative is satisfied that the application meets certain basic criteria (like a long enough work history), the representative will forward the application and evidentiary materials to the state Disability Determination Services, which is charged with deciding whether you have a disability that qualifies under Social Security Administration standards.
The state agency may seek more evidence to further develop your file. State agencies employ doctors and disability specialists to review medical records and collect additional information from treating doctors, clinics and hospitals. The agency may also send you to your doctor or a new doctor for an examination.
The Standards Used to Determine “Disability”
The Social Security Administration uses a five-step evaluation process to determine if you are disabled according to its standards and definitions. According to the Social Security Administration’s Web site, it looks at these factors:
- If you are working. Generally, if you earn more than a specified amount of money, you will be found not disabled. This amount increases slightly each year. If you are not working or make less that the threshold amount, the state agency will analyze your medical condition at step two.
- If your medical condition is severe enough to render you disabled. Your ability to perform even basic work tasks must be significantly limited by your medical condition for at least one year. If the condition is not found to be severe, you will not be found to be disabled. If the impairment or combination of impairments is severe enough, the agency will proceed to step three.
- If your condition on the List of Impairments. Conditions that are on the List of Impairments are considered so severe that a person with one of them is automatically found to be disabled. If your condition is on the list, or if it is not on the list but equals the severity of the listed impairments, you will be found disabled. If not, the agency will continue to step four.
- If the disability leaves you unable to do the work you did before. If you can still do your previous work, you will be found not to be disabled. If you cannot return to that type of work, the agency will consider step five.
- If you can do another kind of work. For this analysis, the agency will examine your age, education, past work experience, job-related skills and medical condition to see whether you could adjust to different work. If you can do other work, you will not be considered disabled. If you cannot adjust to new work, you will be considered disabled.
These rules vary for blind applicants.
You will receive a letter that accepts or rejects your application. If you have been found eligible for benefits, the letter will include information on the payments you will receive. If you are found ineligible, you may appeal the adverse decision.
Appeals
You have the right to appeal the decision on your eligibility for Social Security Disability benefits. If your appeal is denied at one step, you may move on to the next.
- First, ask for a reconsideration. A person who has never seen your file will look at all the evidence, including any new information. Under a pilot program in some states, including Missouri, the reconsideration step has been eliminated.
- Next, request a hearing before an administrative law judge (ALJ). You may be asked to provide more information. The ALJ will question you and your witnesses, if you have any.
- You may then request a review of the ALJ’s decision by the Appeals Council. The Social Security Appeals Council may grant or deny your request. If it grants your request, it will either review your case or send it to an ALJ for review.
- Finally, you may petition for review by the federal court. If you receive another adverse decision or the Appeals Council decides not to grant your request, you may file a lawsuit in federal court.
You have a limited time in which to file each appeal. An attorney who knows Social Security Disability law can be of great assistance during the appeals process.
Appealing a Social Security Administration Decision
That’s because the initial application into either program is often denied. In fact, most SSD applications are denied on the first attempt, and many SSI candidates are turned away as well. Fortunately, applicants have recourse available to them to prove to the Social Security Administration that they are worthy applicants.
When an application is denied, either for SSI or SSD, applicants have the opportunity to appeal the decision. This appeals process can be a long one — some recipients report waiting many months or even several years — but help is available. Applicants have a right to seek legal assistance with the SSI or SSDI process. Social Security attorneys are often skilled at navigating the application process, and understand how to approach the appeal in a way that is most likely to prove the applicant’s case.
Although SSI and SSDI have several similarities, it is important to understand their differences. SSDI is available only to applicants who have worked a certain number of years and earned a certain number of Social Security work credits. There are no limitations on the current assets of SSDI recipients. By contrast, SSI is available only to disabled workers who have very few assets — about $2,000 for an individual, not counting the home. SSI is available to all disabled workers who meet this threshold, regardless of the number of Social Security work credits they have earned.
Why Choose Our Social Security Appeals Attorneys?
At Hiller Comerford Injury & Disability Law, our Social Security appeals attorneys will fight to get the money you need and deserve. We value a strong attorney-client relationship, so the attorney you meet with during your free, no-obligation consultation will be the attorney you work with throughout your case.
In the event you’re applying for Social Security benefits because of a work accident injury, if appropriate, we can also help you with a work injury lawsuit to help you get the financial help you and your family may need.
Call our Social Security appeals attorneys today for a free consultation.
Recent Review
“I am a Marine Corp veteran who turned to the Law Offices of Kenneth Hiller for help and assistance with filing a disability claim. Even though I am a college graduate I still couldn’t fully understand the process. The attorneys who represented me treated me with kindness and patience. They helped me understand the process and the results were very favorable.” – Jason Watson