Practice Areas

• New York State Workers’ Compensation
• Social Security Disability
• Supplemental Security Income
• Federal Workers’ Compensation
• New York City and State Retirement Disability
• The Doctors Corner - Compensation and Social Security Information for Doctors

Blog

Social Security Disability

• How Fraud is Messing Up our Social Security Disability Program
• Radiculopa-what-othy?
• What the Heck is a Chiropractor and do I need it for my New York Disability Case?
• New healthcare information for New York’s SSA disability claimants
• NEW: Social Security Disability benefits for Early Onset Alzheimer’s

New York Disablity Attorney Blog

• Can You Return To Work While Your Claim Is Pending?
• What Is The Difference Between Workers Compensation and Social Security Disability
• Why Your Employment History Matters

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Library

Social Security Disability

• What Happens If You Return To Work While Your Disability Claim Is Pending?
• How To Win Your Social Security Disability Claim: PART 1
• The Importance of Your Doctor in the Social Security Disability Claims Process
• The Most Popular Topics At A Social Security Disability Hearing
• Difference Between Social Security Benefits And Disability Benefits

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Avoid A Hearing And Still Win Your Social Security Disability Case!

In the state of New York, if your initial application is denied, the next step is to appeal your denial and formally request a hearing in front of an Administrative Law Judge. A hearing requires you to appear in person, at a designated hearing location, and offer testimony as to why are unable to work. You might be asked questions about your employment history, the responsibilities you had on the job, why you stopped working, you injuries and impairments, how you are limited in your everyday activities and anything else relevant to whether or not you can work.

But what if you could avoid a hearing and still win disability benefits?

Well, you can.

Prior to a disability hearing, a claimant's attorney may provide the Administrative Law Judge with a formal request to make a decision on the case without having to offer testimony. Also known as an "On The Record" request, this is done by submitting a detailed legal brief summarizing the medically determinable impairments as well as a legal theory of disability.

While On The Record requests may be utilized in an effort to avoid a hearing, not all Judges will rule on them before the actual hearing. Judges are not required to make a decision on these briefs and many Judges still request the claimant to formally appear on the scheduled hearing date.

On The Record briefs simply allow the Judge to make a favorable ruling on the case without a hearing. If a Judge rejects the On The Record request, you do not lose your case. You will still have to appear at your scheduled disability hearing. When a Judge denies the On The Record request, it means that they need more information to make a final ruling on your case. And more information comes by way of the hearing.

It's important to remember that not every case warrants an On The Record request. Often times, obtaining testimony from the claimant can hold more weight than a legal brief. Cases with strong medical files and consistent medical opinions from treating physicians typically call for an On The Record request.

To learn more about the possibility of avoiding your social security disability hearing, please contact our office at (914)-946-1452.

Contact Us: Markhoff & Mittman PC 866.205.2415 or info@markhofflaw.com

Serving disabled individuals and their families since 1933. We handle cases througout New York City, Bronx, Brookyln, Queens, Long Island, Westchester and Rockland. We have offices in White Plains, Monsey, Bronx, East Meadow and NYC! Call us or email us today.

The Markhoff & Mittman Team!

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Videos

Social Security Disability:

• How Much Time Do I need in the Social Security System for Disability Credits
• The Real Story Behind Attorney Fees in Social Security Disability Claims
• What do you do if Social Security Disability has denied your claim?

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News

• Proposals To Americans With Disabilities Act...
  Posted on 7/27/2010
• Disability Benefits Could Pay For New Alzheimer's Trea...
  Posted on 7/26/2010
• Compassionate allowances: Help with severe injury or disability...
  Posted on 6/30/2010
• Severe fibromyalgia? Try for Social Security Disability benefits...
  Posted on 6/30/2010
• Disability Benefits? Don’t expect $250 from Social Security this year...
  Posted on 5/31/2010

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FAQs

Social Security Disability

• CAN MY SOCIAL SECURITY PENSION AND 403B BE GARNISHED? 

• I BELIEVE THAT I AM ELIGIBLE FOR NEW YORK STATE DISABILITY.  CAN I APPLY FOR AND COLLECT SOCIAL SECURITY DISABILITY BENEFITS AS WELL?  WHAT IS THE DIFFERENCE?  AND, IS THERE AN "OFF-SET?"
  
  
  
  

   

• WHAT IF I GET AWARDED SOCIAL SECURITY DISABILITY BENEFITS BUT AFTERWARDS FIND I AM WELL ENOUGH AND WISH TO RETURN TO WORK?

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