Menu
Call
Contact
Blog
Paul Giannetti Attorney At Law

Injuries, Accidents, Worker's Compensation Free Consultations (866) 868-2960

  • About
  • Personal Injury
    • Car Accidents
      • Rear End Collisions
      • Statistics
    • Construction Accidents
      • Defective Equipment
      • Electrical Accidents
      • Forklift Accidents
      • Scaffolding & Ladder Accidents
      • Struck by Object
      • Third Party Accidents
    • Motorcycle Accidents
    • Nursing Home Abuse
    • Premise Liability
    • Traumatic Brain Injury
    • Truck Accidents
    • Wrongful Death
  • Workers’ Comp
    • Benefits
    • Workers Comp Forms
    • Comp & Injury Statistics
    • Workers Comp FAQ
    • Requirements
    • Statute of Limitations
    • Union Members
    • What it Covers
    • Schenectady Workers’ Comp
    • Troy Workers Comp
  • Social Security Disability
    • Appeals Process
    • Apply for SSD
    • Claim Denied
    • Disability Benefits
    • Check Your Status
    • SSD Forms
    • SSD Eligibility
    • Statistics
  • Blog
  • Resources
    • Job Openings
  • Contact
You are here: Home / Albany Social Security Disability Lawyer / Appealing a Social Security Disability Denial in Albany

Appealing a Social Security Disability Denial in Albany

One of the most frustrating experiences you are likely to have if you are unable to work for a long period of time due to a long-term disability or illness is applying for Social Security Disability (SSDI).  Unfortunately, more than one-half of the time, your application is likely to be denied the first time which means you will have to have an understanding of your rights to appeal. The process can be very confusing since there are four distinct levels of appeals which are:

  • Request for Reconsideration
  • Administrative Law Judge (ALJ) Hearing
  • Appeals Council
  • Federal Court Review

Each of these steps is distinct from the other and what is required is slightly different at each level of the appeal.

Request for Reconsideration

There are two times when you may request a reconsideration of your claim. First, if your initial application is denied you would file a request for reconsideration of the original claim. If you had already been receiving benefits and they were stopped for some reason, you would file a request for reconsideration of continuing benefits. In either event, you must file your initial appeal within 60 days of receiving a letter from the social security office denying your benefits. Typically, you would do this at your local Social Security Office.

The reconsideration is done by someone who was not involved in your initial denial and if this is to restore benefits that have been suspended, you will have to meet with a representative. In other cases, all material that was provided with the application plus any new information will be reviewed before you are notified of the outcome.

If you get a second rejection after filing a request for reconsideration, the next step would be an ALJ Hearing.  This second step also allows you 60 days from the receipt of the denial letter. There is an assumption made that you would receive the rejection within five days of mailing.

Requesting an ALJ Hearing

One of the most important things you should know before you start this process is that you have the right to legal representation when you are appearing at an ALJ hearing. If you have been rejected at stage one and your first appeal step (reconsideration) is also denied, an attorney can help you through the next part of the process.

According to the Social Security Administration’s website, along with the formal request for a hearing (Form HA-501) you also need:

  • SSA-3441, Disability Report – Appeal, and
  • SSA-827, Authorization to Disclose Information to SSA

You may also need to complete a form SSA-1696, Appointment of Representative if you are appointing a representative.

In general, these hearings will be held within 75 miles of your home and under limited circumstances (such as traveling more than 75 miles), you may be entitled to be reimbursed for the expenses associated with the hearing.  The judge will hear from you, your representative and additional witnesses as well as review your entire case before rendering a decision. You and your social security appeals attorney will receive a notification of their determination.

Social Security Appeals Council

If the decision is still not in your favor and you disagree, the next step is to request a review by Social Security’s Appeals Council.  Once the council reviews your case, one of two things could occur: (1) they can return it to the ALJ to review again or (2) they could agree with the judge. If they agree with the judge you will get a letter advising you they have decided against you. If the case is referred back to the ALJ you will also be notified that another hearing may be scheduled. However, if your claim is denied once again, your last possible appeal is done through the Federal Court.

Federal Court for SSDI Appeals

The last option if you have exhausted all of your possible appeals is to file a lawsuit in the U.S. district court. This option can be costly and time-consuming and you should discuss this option with your attorney before making the decision to go forward.

There is something important to be aware of: If you have been collecting benefits and the denial was to stop existing benefits, you may have the option of continuing to collect your benefits throughout the appeal process. However, if you lose on appeal, you may have to repay all of the benefits you collected during the appeals process which can be very lengthy.

If you are considering filing for Social Security Disability, have had a preliminary claim denied or you have been informed that your current benefits are going to be stopped, it is imperative you speak with a social security disability attorney who understands the entire appeals process and can help you make the right decisions and ensure that your rights are fully protected throughout the process.

Paul D. Giannetti, Attorney BBB Business Review

Contact Us for a Free Consultation

  • This field is for validation purposes and should be left unchanged.

Free Book Download:

Click Here To Download Your Free BookWhen The Dust Settles

Click Here To Download Your Free GuideNY Workers Compensation Guide Booklet

Recent Articles

  • New York Workers’ Compensation Settlement Amounts
  • How Can Coronavirus Affect MY Workers’ Comp?
  • If I Contracted COVID-19 at Work – Can I Get Workers’ Compensation?
  • New York Workers Compensation Maximum Settlements
  • How Much Does a New York Workers’ Compensation Attorney Cost?
  • Is It Illegal to Drive with A Pet on Your Lap in New York State?
  • Dangers of Ill-Fitting PPE and Clothing on the Job
  • Degenerative Disc Disease Workers’ Compensation Settlements
  • Do Work Injuries Cause Bulging Discs and Herniated Discs?
  • New York Workers’ Compensation Rights and Benefits for Osteoarthritis

Categories

  • Accidents & Injuries
  • News
  • Social Security Disability
  • Workers' Compensation

Serving accident, injury, and workers' compensation victims throughout Upstate New York including Albany, Fulton, Greene, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Warren, and Washington counties. Attorney Advertising. This website is designed to provide general information to injury victims. It is not intended to be legal advice. It can not and should not be substituted for proper legal representation. You should consult an attorney for legal advise regarding your rights as every case is unique and requires in depth analysis and preparation.

Copyright © 2019 Paul Giannetti Attorney At Law. All rights reserved.


Albany Workers Compensation Attorney
Paul Giannetti Attorney at Law
3 Washington Square
Albany, NY 12205
Phone: 518-243-8011
Mon - Fri: 9am - 6pm
 

Paul Giannetti Office Location