How to appeal a disability denial in New York?

By Hogan Smith

Updated 05/07/2025


If your Social Security Disability claim has been denied in New York, you're not alone. Many applicants are denied initially, but the good news is — you have the right to appeal. By understanding the appeal process and taking the right steps, you can improve your chances of receiving the benefits you deserve.

Find out if you qualify for SSDI benefits. Pre-qualify in 60 seconds for up to $4,018 per month and 12 months back pay.

Please answer a few questions to help us determine your eligibility.


Why Disability Claims Get Denied

Common reasons for denial include:


  • Lack of sufficient medical evidence
  • Failure to follow prescribed treatment
  • Income/assets exceeding SSI limits
  • The SSA believes you can still work
  • Incomplete or inaccurate application


Steps to Appeal a Disability Denial in New York


Step 1: Request Reconsideration

  • Deadline: You must request within 60 days of receiving your denial letter.
  • What happens: A new SSA reviewer will re-evaluate your case.
  • Tip: Submit any new medical evidence and double-check that all forms are complete.


Step 2: Request a Hearing

  • If reconsideration is denied, request a hearing before an Administrative Law Judge (ALJ).
  • Timeline: Hearings may take several months to be scheduled.
  • What to prepare: Medical updates, doctor's statements, and any witnesses who can testify about how your condition affects your daily life.


Step 3: Attend the Hearing

  • The ALJ will ask questions about your medical condition, daily activities, and work history.
  • Be honest and thorough. Dress appropriately and treat the hearing with the same seriousness as a court appearance.


Step 4: Appeals Council Review (if necessary)

  • If the ALJ denies your appeal, you can request a review by the SSA’s Appeals Council.
  • They may uphold the decision, reverse it, or send it back to the ALJ for another hearing.


Step 5: File a Federal Lawsuit

  • As a last resort, you can file a lawsuit in federal district court.


Tips for a Successful Appeal
  • Keep track of deadlines — missing one can result in a denial.
  • Submit updated and complete medical records.
  • Follow all treatment recommendations from your doctors.
  • Stay in touch with the SSA about the status of your case.

How Hogan Smith Can Help You

At Hogan Smith, we understand the stress and frustration of a denied claim. We help New Yorkers:


  • Review your denial and identify weak points
  • Collect strong medical documentation
  • Build a compelling case for reconsideration or hearing
  • Represent you at hearings and beyond

Contact Hogan Smith Today

If your disability claim has been denied in New York, don't give up. Contact Hogan Smith for a free consultation, and let us help you fight for the benefits you’re entitled to. We’re ready to guide you through every step of the appeal process.


Further Reading

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

Was this helpful?

Boost Your Chance of Being Approved

Get the Compensation You Deserve

Our experts have helped thousands like you get cash benefits.

Contact Us


How It Works
A black and white drawing of a checklist and a handshake.
1

Briefly tell us about your case

A stack of papers with lines on them on a white background.
2

Provide your contact information

A black and white icon of a scale of justice and a briefcase.
3

Choose attorneys to contact you