How to file a disability appeal in New York?

By Hogan Smith

Updated 04/23/2025


If your Social Security Disability claim has been denied in New York, you’re not alone — many valid claims are initially denied. The good news is that you have the right to appeal, and with the right steps, you can improve your chances of success. Here’s how to navigate the disability appeals process in New York and what to expect at each stage.

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Understanding the Disability Appeals Process in New York

The appeals process is the same across the country, but New York residents submit their appeals through their local Social Security office or online. The process has several levels:


Reconsideration

  • Deadline: You must file your request within 60 days of receiving your denial letter.
  • During reconsideration, someone who was not involved in the original decision will review your case.
  • You can submit new medical evidence at this stage.


Request a Hearing

  • If reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ).
  • The hearing is typically held at your nearest Office of Hearings Operations (OHO) or virtually.
  • You’ll present your case in more detail, possibly with medical experts or vocational witnesses.


Appeals Council Review

  • If the ALJ also denies your claim, you can ask the SSA Appeals Council to review the decision.
  • They can affirm the decision, reverse it, or send it back for another hearing.


Federal Court

  • As a final step, you can file a lawsuit in federal district court if you disagree with the Appeals Council’s decision.


How to File Your Appeal

You can file your appeal in one of two ways:

  • Online at the SSA website: www.ssa.gov
  • In person or by mail through your local Social Security office
    (Find your nearest New York SSA office
    here)


Be prepared to include:

  • Your denial letter
  • Updated medical records
  • A detailed explanation of why you disagree with the decision
  • Contact information for your doctors or specialists


Tips for a Successful Appeal
  • Act quickly. Missing the 60-day deadline could mean starting over.
  • Provide detailed medical evidence that clearly explains how your condition prevents you from working.
  • Stay organized. Keep copies of everything you submit and track your case status online.
  • Consider representation. You’re allowed to represent yourself, but having an advocate can significantly increase your chances of success.

How Hogan Smith Can Help You

At Hogan Smith, we help New Yorkers strengthen their disability appeals and navigate the entire process — from reconsideration to hearings and beyond. Our team will:


  • Review your denial letter and identify key issues
  • Gather new evidence and medical opinions
  • Prepare you for hearings and interviews
  • Represent you with confidence before judges and SSA officials

Contact Hogan Smith Today

If your Social Security Disability claim has been denied, don’t give up. Contact Hogan Smith for a free consultation, and let us help you file a strong appeal and fight for the benefits you deserve.


Further Reading

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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

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