Denial of SSD Benefits and Appeals Process
The attorneys at the Jesse Minc Law Group are here to help people who are not able to work due to an injury or medical impairment obtain representation from attorneys in their network to pursue Social Security Disability benefits through the federal government. We help our clients who have been disabled due to negligence that may cause a serious accident, or due to medical malpractice and medical negligence, find Social Security Disability attorneys to directly handle the Social Security Disability aspects of their cases while we take care of the personal injury or medical malpractice aspect of the case. We understand the extreme stress that can come with being unable to work and support yourself when you are injured through no fault of your own. The Bronx Social Security Disability lawyers in our network will work diligently to help the people whom we represent in personal injury and medical malpractice cases make a compelling case for benefits if the injuries they have suffered in their underlying negligence lawsuit have rendered them totally disabled from working on a permanent basis.
If your claim has been denied, as often happens to deserving claimants, we can help you obtain legal representation to guide you through the appeals process (the process through which one can challenge the denial of your Social Security Disability application) in an effort to reverse that decision. Our attorneys have the long collective experience fighting for clients in personal injury and medical malpractice cases that is necessary for success in the courtroom, and will help you obtain the best possible representation in connection with your Social Security Disability claim if you have been disabled due to the negligence of others. Contact us at (718) 354-8000 today if you have been disabled due to negligence, and are in need of guidance.Disability Benefits
The Social Security Disability Insurance program provides payments to disabled people to help them make ends meet. The program is funded by payroll taxes on employers and workers. You have paid into the system over the course of your career, so you have the right to seek benefits if you become injured or impaired.
The amount of the monthly payments varies based on your average earnings while you were working and paying taxes into the program. The Social Security Administration also takes into account any other benefits that you may be receiving when calculating monthly SSD payments.Applying for Benefits
In order to get SSD benefits, you will need to file an application with a local Social Security Administration field office. These local offices take an initial look at applications to ensure that the person seeking benefits meets certain non-medical eligibility requirements, like being under the age of 65 and having paid a certain amount into the system over a certain time period.
The field office then sends the claim to a state agency to weigh the medical evidence and determine whether you are disabled under the law. This may include assessing your “residual functional capacity” to determine the kinds of work – if any – that you can still do, despite your impairment. If you do not meet the requirements of a condition in the SSA’s Listing of Impairments, the state agency considers whether you can still do your previous job with your current capacity. If not, it considers whether there are other jobs that you can still perform, based on your age, experience, training, and background.The Appeals Process Following a Denial
The Social Security Administration initially denies a large percentage of disability benefits claims filed with the agency. However, you have 60 days from the time of the denial to appeal the decision. The likelihood of success increases if you get your case before an administrative law judge.
An administrative law judge hearing is the first level of appeal for disability benefits claimants whose claims are denied in New York. The hearing is your opportunity to provide new medical evidence to the judge and to present existing evidence in the most favorable light. It is also an opportunity to point out why the SSA was wrong in denying your claim. Our network of Bronx attorneys can help you make sure that you collect all of the relevant evidence and make the strongest arguments available in your situation. The government, on the other hand, often uses the opportunity to enlist a vocational expert to assess your ability to work and present those findings to the judge.
If the judge sides with the SSA, you can next turn to the Appeals Council. The council reviews ALJ decisions for errors without holding another hearing. Following an adverse decision at this stage, you have the right to have your case heard by a federal judge in a district court.Speak with a Government Benefits Attorney in the Bronx Today
At the Jesse Minc Law Group, we understand the stress that you are going through when you are disabled and trying to obtain benefits to keep yourself financially afloat. Our firm is successful in more than 95 percent of the cases that we handle. We offer clients direct access to our lawyers, and are standing by to help disability and workers’ compensation claimants who have been injured due to negligence and medical malpractice throughout the New York City area, including in Manhattan, the Bronx, Brooklyn, Queens, and Nassau, Suffolk, and Westchester Counties. We do not charge a fee or charge for our expenses in any personal injury or medical malpractice case unless we are successful. Call us at (718) 354-8000 or contact us online to schedule a free initial consultation. Se habla español.