Practice Areas
Blog 
- Workplace Injury and Litigation Group Passes Resolution denouncing the AMA 6th Medical Guidelines
- AMA Defeated in NY, at least for now!
- NYC Hosts "Construction Safety Week"
- Doctors to Employers: Stop Downplaying Workers' Injuries!
- TOTAL INDUSTRIAL DISABILITY AND THE NEW YORK WORKERS COMPENSATION BOARD
- Injured Workers Will Suffer Again!
- How Many Workers' Comp Insurers Were Lying to Regulators?
- 149 Busted for Workers' Comp Fraud in 2007
- Thanks to Workers Compensation Alliance for showing us the real face behind the Spitzer Administration
- 450,000 New Yorkers Might Miss Tax Rebate Check
News
- Worker Hospitalized as Race Course Barn Collapses
- Construction Worker Dies in 30 Foot Fall From Scaffold
- NYC Steel Worker Critically Injured in Fall
- NYC Buildings Commissioner Resigns After Criticism
- NYC's Mayor Bloomberg Examining Buildings Department After Deaths
- Manhattan Construction Worker Falls to His Death
- Impairment v. Disability, an Interview on the AMA!
- New York Dept. of Transportation Worker Crushed by Platform
- New York Bakery Told to Shut Down Over Workers' Comp Violations
- Multiple Self-Insured Workers' Compensation Trusts Shut Down by Workers Compensation Board!
Library
New York State Workers’ Compensation
- How much can you be reimbursed for mileage in workers' compensation case?
- 2007 Workers' Compensation - Effective Dates of Statutory Changes
- Benefits Available to Injured NY Workers
- Why Can't I Just Sue My Employer?
- CASE LAW: FACTORS FOR A FINDING OF TOTAL INDUSTRIAL DISABILITY IN WORKERS COMPENSATION
Social Security Disability
- How Social Security Makes Eligibility Determinations
- Ticket to Work: A Social Security Work Incentive Program
- My Social Security Claim Was Denied. Now What?
Supplemental Security Income
Federal Workers’ Compensation
- Federal Employees' CompensationAct
- Who is Covered Under FECA?
- Longshore & Harbor Workers' Compensation Act
- Appeals Process: Federal Workers' Compensation
Forms
My Social Security Claim Was Denied. Now What?
The Social Security Administration is responsible for making eligibility determinations for both Social Security and Supplemental Security Income claims. If your initial claim is rejected, you are entitled to an appeals process. However, it is your responsibility to notify the SSA of your decision to appeal and you must do so relatively quickly.
The request for an appeal must be made within 60 days of the day that you receive notice of your benefits denial. While there is an additional five day mailing period built into the system, it is best to file your notice of appeal well before the close of the 60 day window.
The Social Security Administration has four levels of appeals:
Reconsideration
This level is a complete review of the claim by someone other than the person who made the initial claims denial. Your new claims reviewer will go over all evidence submitted the first time around, plus any additional evidence that you wish to submit. After reevaluating your claim, he will render a new decision.
Hearing
If you are still unhappy with the decision after the reconsideration stage, a hearing will be conducted by an Administrative Law Judge. In this hearing you may represent yourself or be represented by an attorney. After hearing all of the evidence, the judge will deliver a “Notice of Decision.”
Appeals Council
If the Administrative Law Judge decides against you, you may bring your case in front of the Social Security Administration’s Appeals Council. After the presentation of your case, the Appeals Council can do one of three things. First, they can make their own determination that you are entitled to benefits. Second, they can uphold the benefits denial of the Administrative Law Judge. Or third, they can remand the case back to the Administrative Law Judge. Cases are typically remanded to the Administrative Law Judge if further determinations of fact need to be made.
Currently, it takes about seven months from the date the request is filed until the Appeals Council releases its final decision. However, appeals are not always heard in the order that they are filed. Since 2001, the Appeals Council has utilized a “Differential Case Management” process to identify cases that deserve expedited review and move them to the front of the line.
Federal Court Review
Finally, after exhausting all administrative routes, you have the right to file a civil suit in your local Federal District Court. New York has four Federal District Courts: Northern, Southern, Eastern, and Western.
Federal civil actions must be filed within 60 days of (1) receipt of the Appeals Council’s notice of denial of the request for review of the Administrative Law Judge’s decision or (2) Receipt of the Appeals Council’s revised decision.
Ask an Attorney
Markhoff & Mittman, P.C.
14 Mamaroneck Avenue
Suite 400
White Plains, NY 10601
Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax: (914) 946-0810
Markhoff & Mittman, P.C.
Main Office
14 Mamaroneck Avenue
Suite 400
White Plains, NY 10601
Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax: (914) 946-0810
Long Island Office
1778 Hempstead Turnpike
East Meadow, NY 11554
Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax (516) 222-2292
New York City
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