There are a number of reasons why a Social Security Disability (SSD) application can be denied, including earning above the annual income threshold, the severity of the disability and the amount of time the individual will be disabled, refusal to operate or communicate with the Social Security Administration (SSA) or Disability Determination Services (DDS), failure to follow a doctor’s prescribed therapy if he or she is able to do so, conviction of a crime or fraud, among other circumstances.
In the United States, as many as 65 percent of SSD applications are denied the first time. In New York, only about half of SSD application applications are approved. If denied, an individual will receive a letter from the SSA that will explain their decision. If the applicant does not agree with the denial, he or she can appeal the decision.
A SSD appeal form can be submitted within 60 days from the date he or she receives the decision letter. If an individual is appealing a decision which rules they will no longer get SSD benefits because his or her medial benefits is not disabling or if she or he is no longer eligible for SSI payments or the SSI payment should be reduced or suspended, they can alert the SSA that they wish to continue receiving benefits during the appeals process within 10 days of receiving the notice.
An individual should consider seeking the experienced guidance of a New York Social Security Disability application and appeals consultant who can review the original application and notice of denial, and correct deficiencies in evidence to seek a favorable outcome in the SSD claim. The SSD application appeals consultant will take the time to collect information to support the appeal and submit it to SSA on the individual’s behalf.
There are four levels of appeal: reconsideration, hearing by an administration law judge, review by the appeals council, and federal court review. A reconsideration is a complete review of the claim by an individual who did not take part in the original decision. If one disagrees with the reconsideration decision, he or she may ask for a haring that will be conducted by an administrative law judge who did not take part in the original application decision or the reconsideration appeal.
If the hearing is denied, the claim can be appealed to the Appeals Council, who will review the request but may deny it if it believes that the hearing decision was correct. If the Appeals Council does decide to review the case, it may make a decision on the claim itself or submit it to an administrative law judge. If the decision is not reviewed by the Appeals Council, the applicant can file a lawsuit in federal district court.
For assistance with Long Island and New York Social Security Disability applications and appeals, contact P&P Medicaid Consulting, Inc. Our experienced SSD consultants will help you understand your available options, what the application and appeals processes entail, and will answer any questions you may have. For more information or to schedule a consultation, contact our Long Island SSD application and appeals office at 516-541-4770.