Navigating the Social Security Disability Insurance (SSDI) claims process can be challenging, especially when facing medical issues and financial uncertainty. Dealing with confusing paperwork, adhering to strict deadlines, and gathering adequate medical evidence can be overwhelming. Our Social Security Disability lawyers at Nappa, Monterosso & Poznansky, LLP, help clients in the greater NYC area at every stage of the SSDI claims process. Here, we discuss when an attorney can be a valuable source of support and improve your chances of a successful outcome.
Understanding the SSDI Claims Process
Social Security Disability benefits are designed to provide financial support to those unable to work due to a medical condition. The disability must be expected to last at least 12 months or result in death, and the applicant must have enough SSDI work credits to be eligible. The SSDI application process can be lengthy and time-consuming, so it’s important to understand what’s involved and how a Social Security Disability lawyer can help.
Your initial application involves submitting forms and evidence that detail your work history, medical condition, financial situation, and other personal information. If your initial claim is denied, you can request that the Social Security Administration (SSA) review your claim for reconsideration. If you receive an SSDI denial again, you can request a hearing before an Administrative Law Judge (ALJ).
If your Social Security Disability claim is denied by the ALJ, you may request that the SSA’s Appeals Council take a look at your case. If your claim is denied again, the final step to take is to file a lawsuit in federal court. Each step of the process comes with its unique challenges and becomes increasingly complex when multiple appeals are involved.
The Initial Application Process
Many applicants assume that hiring an SSDI lawyer is only necessary after receiving a denial. However, consulting with an attorney before you file your application can set the stage for a strong claim and minimize the risk of errors that may lead to delays or denials. An attorney who evaluates your case can determine whether your medical condition adheres to the SSA’s definition of a disability. They can also review your work history to make sure you have enough work credits to qualify.
It’s particularly important to consult a Social Security Disability lawyer if you’re dealing with multiple or complex medical issues, mental health conditions, or if you’re trying to expedite your claim by using a program such as the SSA’s Compassionate Allowance program.
Understanding the specific medical documentation required by the SSA can be challenging. Our SSDI lawyers help you gather comprehensive medical records, employment information, and other critical evidence. We ensure your application is complete, accurate, and meets all requirements and deadlines. Our Social Security Disability attorneys offer a free initial consultation, so you have nothing to lose if you have your case evaluated by our team.
After an SSDI Denial
There are many different reasons why Social Security Disability claims are initially denied. The SSA often rejects SSDI applications due to incomplete forms, missing information, or insufficient medical evidence. Although receiving an SSDI denial can be discouraging, seeking the assistance of a Social Security Disability lawyer can give you the best chance of success throughout the appeals process.
Our experienced SSDI attorneys review your denial letter and help you understand the reasons your claim wasn’t approved. We can then come up with a strategy to address the issues that led to your claim being denied. We prepare your application for reconsideration and strengthen your case by gathering additional medical evidence and clarifying any discrepancies in your SSDI application. Typically, you have only 60 days to request reconsideration, so it’s important to act quickly if your claim is denied.
During the Reconsideration Stage
Reconsideration involves a review of your application by the SSA. A Social Security Disability lawyer can help improve your odds of being approved by gathering and providing additional medical records and other documentation that supports your claim. Our SSDI lawyers handle all communications with the SSA and act as your advocates, which can alleviate stress and allow you to focus on your health.
Before a Hearing with an Administrative Law Judge
Reconsideration is rarely successful, but many SSDI claims are approved at the hearing stage. Thorough preparation and effective presentation of your case make a significant difference when it comes to increasing your chances of approval.
A Social Security Disability lawyer can prepare you for the hearing by advising you of potential questions from the judge and how to answer them. Additional evidence, such as testimony from medical and vocational experts may also be presented at the hearing. Your SSDI attorney may also cross-examine opposing experts who dispute your claims.
Our seasoned attorneys have helped clients in the greater NYC area obtain SSDI benefits and workers’ compensation for more than 30 years. We are intimately familiar with SSA rules and regulations and how the law may apply to your case. Effective presentation of your case by an experienced lawyer can make a significant difference when it comes to winning an appeal.
Requesting a Review by the Appeals Council
If your SSDI claim is denied by the ALJ, the next step is to request a review by the Social Security Administration Appeals Council. The Appeals Council may decline to review your case if they find no issues with the ALJ’s decision.
At this stage, having an SSDI lawyer by your side is vital. Your attorney may identify procedural errors or misinterpretations of SSA rules. They will submit written arguments that explain why the ALJ’s decision should be overturned, advocate for a positive decision, and may request a new hearing.
Taking Your Case to Federal Court
If your claim is denied by the Appeals Council, the last option is to file a lawsuit in federal court. Although it’s possible to take your case to court without legal representation, it is not advisable. Our Social Security Disability attorneys have a thorough understanding of the law and are familiar with complex court procedures and rules of evidence.
We can initiate a lawsuit and draft and file detailed legal briefs on your behalf, advocate for your rights, present strong arguments in court, and ensure the Social Security Administration has followed legal standards. Presenting a convincing case is essential at this stage. Without the assistance of an attorney, it is highly unlikely you will win your case.
Why Hire Our SSDI Attorneys?
Having an attorney throughout the SSDI claims process offers many advantages. Applicants with legal counsel are more likely to be approved, especially at the hearing stage. Our SSDI attorneys understand the nuances of disability law and how to build a compelling case. We know how stressful and overwhelming it can be to deal with financial strain while experiencing health issues as well. Our team takes the weight off your shoulders and handles all aspects of your case. Our Social Security Disability attorneys work on a contingency basis, which means you won’t incur any up-front costs and only pay attorneys’ fees if we win your case.
Whether you need help with an initial SSDI claim or an appeal, our SSDI lawyers are here for you. We’re dedicated to helping you get the benefits you need to protect your health and financial stability. Our Spanish-speaking clients can rely on attorney and Partner Rolando Cubela to provide top-notch legal representation.
Contact Our SSDI Lawyers in the Greater New York City Area
If you need assistance with an SSDI application or appeal, Nappa, Monterosso & Poznansky, LLP, can help. To schedule a consultation with a Social Security Disability lawyer in the greater NYC area, call 718-273-9000 or contact us to schedule a consultation today.
