The current statistics for achieving success in your Social Security Disability claim upon your initial application are downright discouraging. Nationwide, about 60% of initial applications for disability benefits are denied. In the state of New York, approximately 70-75% of initial applications are denied. This doesn't necessarily mean that you will definitely be denied, but probabilities suggest that you should be prepared to take your disability case to the next level.
In New York, once your disability claim is denied, you have 60 days to file an appeal. An appeal of an initial denial is known as a Request For Hearing, in which you inform the Social Security Administration that you want your case heard in front of a Federal Administrative Law Judge. The goal of this hearing is to get testimony from the claimant as to why they are unable to work.
At the hearing level, the claimant has a much better chance of winning their case. There are several reasons for this. For starters, a disability law Judge analyzes not only the entire medical file, but assesses the claimant's verbal testimony as well, something that is not evaluated at the initial application stage. It's important to remember that most disability law Judges were also practitioners in the area of Social Security Disability law so they are aware of the legal complexities and medical conditions in each case.
Another reason why you have a better chance of winning your case at the hearing level is because a large percentage of disability claimants simply don't pursue their claim after their initial denial. While Social Security doesn't publish the amount of disability claims are essentially dropped after an initial denial, claimants either don't know that they are able to take their case to a hearing, or they simply don't have the determination to push forward. Therefore, remaining persistent with your disability claim will certainly improve your chances of winning your claim.
Finally, hiring a qualified attorney at the hearing level can do wonders for your case. An attorney who represents you at the hearing expressly advocates on your behalf. Attorneys may provide pre-hearing briefs to the Administrative law Judge, opening statements, detailed legal theories as to your disabilities, legal rationales and lastly, closing statements. These tactics can be the difference between winning and losing your claim.
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.
