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.
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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.
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