Denial of SSD Benefits and Appeals Process

Bronx Lawyers Representing Social Security Disability Claimants in NYC

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 pursue Social Security Disability benefits through the federal government, as well as with the SSD appeals process. We provide this assistance to our clients who have been disabled due to negligence that may cause a serious accident, or due to medical malpractice and medical negligence. 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. Our Bronx Social Security Disability lawyers 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 SSD 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 the SSD appeals process 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 espanol.

Client Testimonials
When I got hurt after falling on a scaffold on a construction site, I could not work in construction anymore and did not know how I could support my family. I turned to Jesse Minc and I am very happy that I met him. He also discusses my case in Spanish with me when I want to, and that always made me feel comfortable. I believe that he is the best lawyer in New York City and I would recommend him to anybody who is injured. Hector Vargas, Bronx, New York
After I was very badly hurt in a construction accident and could not work anymore, I turned to Jesse Minc. I have had a lot of lawyers over the years, but he is the best I ever had. Because I was a member of Local 6A Concrete Workers Union, I lost a lot of benefits, my pension and income when I got hurt and he made sure I understood how I could recover what I had lost. He and his team have been a Godsend to me and my family, and I am so glad that I chose him to represent us. Luke Rosa, Bronx, New York
My experience with Jesse Minc's firm was very rewarding. I personally dealt with Jesse Minc, who was a class act as my lawyer. He was always on call with any questions or help I needed in the process of my lawsuit. Jesse recovered a high six figure sum for a slip and fall accident I endured. He got the case settled in a reasonable time. If you are in need of lawyers for a lawsuit in New York City I highly recommend Jesse Minc's firm, they got me a very high settlement and were there for me personally every step of the way. Thanks to all the lawyers and staff. Salvador Ruiz, Brooklyn, New York
When I got hurt on a construction site and could not work anymore, one of my brothers from the Concrete Workers Local 6A union recommended Jesse Minc to be my lawyer and I am very happy I picked him to represent me. He really does have the human touch that a lot of lawyers lack. I would recommend Jesse Minc to anyone injured in a construction accident because he will fight to the end of the earth for his clients. Joseph Toro, Bronx, New York