What to do if denied disability in New York?
By Hogan Smith
Updated 06/03/2025
Being denied Social Security Disability benefits in New York can feel overwhelming, but don’t lose hope. Many valid claims are initially denied, and there are clear steps you can take to appeal the decision and improve your chances of approval.

If you’ve been denied disability benefits, here’s what you should do next.
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Step 1: Review the Denial Notice Carefully
The Social Security Administration (SSA) sends a letter explaining why your claim was denied. Read it carefully to understand the reasons, such as:
- Insufficient medical evidence
- Your condition doesn’t meet SSA’s listing criteria
- Work history or earnings issues
- Incomplete or inconsistent application information
Knowing why you were denied helps you build a stronger appeal.
Step 2: File a Request for Reconsideration
In New York, your first option is to request a reconsideration of your claim. This means a new SSA examiner will review your file and any new evidence you submit. You must file this request within 60 days of receiving the denial letter.
Be sure to:
- Submit any new or additional medical records
- Include detailed statements from your doctors
- Explain changes in your condition if applicable
Step 3: Prepare for a Hearing Before an Administrative Law Judge (ALJ)
If your reconsideration is denied, you can request a hearing with an ALJ. This is often the most crucial step in the appeals process and your best chance to win your claim.
At the hearing, you can:
- Present your case in person or virtually
- Submit new evidence and medical records
- Have witnesses, such as family members or medical providers, testify on your behalf
New York holds hearings in various locations, including New York City, Albany, Buffalo, and Rochester.
Step 4: Appeal to the Social Security Appeals Council
If the ALJ denies your claim, you can ask the Appeals Council to review the decision. This is a higher-level review but can take many months and is not granted in every case.
Step 5: File a Federal Court Lawsuit
If all SSA appeals fail, your final option is to file a lawsuit in federal district court. This step is complex and requires legal representation.
Additional Tips After a Denial
- Stay organized: Keep copies of all documents and correspondence.
- Meet deadlines: Missing appeal deadlines can forfeit your rights.
- Follow your treatment plan: Regular medical care strengthens your case.
- Consider expert help: Navigating appeals alone can be challenging.
How Hogan Smith Can Help You
At Hogan Smith, we specialize in helping New Yorkers through every stage of the disability appeal process. We can:
- Review your denial and identify weaknesses in your claim
- Help gather and present new medical evidence
- Prepare you for hearings and represent you before ALJs
- Communicate with SSA to ensure deadlines and paperwork are met
- Guide you through Appeals Council reviews and federal court if needed
Contact Hogan Smith Today
Denied disability in New York? Don’t give up. Contact Hogan Smith for a free consultation to discuss your case and learn how we can help you successfully appeal your denial and get the benefits you need.
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