Applying for Social Security Disability Insurance benefits can be a lengthy process. Filling out your application correctly is essential, and it usually takes at least 90 days to find out whether your claim has been approved. The disability lawyers at Nappa, Monterosso & Poznansky, LLP, help clients in the greater NYC area understand how the process works and can assist you with pursuing SSDI benefits every step of the way.
Submitting Your Initial Application
Your Social Security Disability Insurance application can be submitted online, at a Social Security office in New York, or on the phone. It’s important to make sure all required questions are answered and to include as much medical information about your disability as you can. Within three to six months, you should receive a decision. However, even with plenty of documentation, most applications for Social Security Disability are denied.
Requesting a Reconsideration
If your initial claim is denied, you have 60 days to file a Request for Reconsideration. If you don’t have a disability lawyer already, it’s a good idea to contact an attorney to evaluate your claim and advise you of the most effective way to proceed. It’s important to act fast. If you miss the 60-day deadline, you’ll have to start all over. Reconsiderations usually take at least three to five months, and unfortunately, they often are denied.
There are a few ways to fast-track disability claims, such as Quick Disability Determinations, Compassionate Allowances, and requesting an on-the-record decision (OTR). An OTR is a request for a decision made without a hearing or testimony. However, your disability attorney may recommend that you wait for your hearing, as many cases require testimony to achieve a favorable decision.
Filing an Application for a Hearing
The next step to take is to file an Application for a Hearing, which may be your best chance to be approved for Social Security Disability benefits. Your disability attorney can assist you with filing this application but can’t control how long it will take to get a hearing scheduled. At this point, it will probably be at least a year or more before you go in front of the administrative law judge.
In the interim, your Social Security Disability lawyer will gather information and evidence to back up your claim. This includes obtaining your medical records and a medical source statement from your doctor. Your disability attorney also will help you prepare your testimony for the hearing, where they will present evidence and argue your case. You’ll likely receive the administrative law judge’s ruling within 30 days.
Filing an Appeal
If the judge denies your claim, you may file an appeal with the Appeals Council. Again, time frames for getting to this stage vary widely and can take anywhere from a few months to a year and a half. It’s rare for the Appeals Council to overrule an administrative judge’s decision.
Filing a Lawsuit in Federal Court
Although it will take some time, if your appeal is denied, you may file a lawsuit in federal court, which can tack on another 18 months or more before you have a final decision. It’s crucial to have a lawyer who is experienced in Social Security Disability Insurance and arguing cases in the local federal district court. The court will either deny your benefits, send your case back to the Social Security Administration for further review, or grant you Social Security Disability benefits.
Why You Need a Lawyer for Your Social Security Disability Case
All told, the entire process can take several years, and there’s no guarantee you’ll obtain benefits. However, hiring an experienced disability attorney increases your chances of a positive outcome, especially at your SSA hearing. Your lawyer knows the law and your rights and can offer persuasive arguments about how the law may apply in your case and why you should be approved for benefits.
Your disability attorney also helps you meet important deadlines. Missing a deadline can completely derail your claim and result in an automatic denial. Dealing with SSA officials and testifying before a judge can be daunting. Your lawyer can be a powerful advocate for you and strengthen your case. The amount of documentation and detail required to win a disability case can be staggering. Having an experienced law firm in your corner helps to ensure your case is presented in the most effective way possible.
Contact a Greater NYC Social Security Disability Lawyer to Learn More
For more than 30 years, the disability and workers’ compensation lawyers at Nappa, Monterosso & Poznansky, LLP, have helped clients in the greater New York City area obtain the benefits they need to protect their health and finances. Attorney and partner Rolando Cubela is proud to serve our Spanish-speaking clients. To schedule a case evaluation for your social security disability claim in New York, call us at 718-273-9000 or contact us online.
