Social Security Disability Benefits: Denial and Appeal

May 24,2011
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Denial and Appeal in New York and New Jersey, approximately 55% of all initial applications are denied, although at Hermann Law Group, we are successful in over 60% of the initial applications we file. While the reasons for denial given by the Social Security Administration vary, we believe that the real reason the Social Security Administration denies such a large number of initial applications is to discourage claimants from pursuing appeals.

Many of our clients come to us at this stage, after their Initial Application has been denied. Even a poorly developed Initial Application can be turned into a winning claim in the hands of an experienced attorney. At Hermann Law Group, we can correct the mistakes and omissions of a denied Initial Application, and win a claim at this appeals level.

In New York, you may appeal an unfavorable Initial Determination directly to a hearing. In New Jersey and Connecticut (along with most other states) there is an intermediate step known as Reconsideration. Unfortunately, very little changes at the Reconsideration level unless there are new conditions that the State Agency did not know about or new treating sources they were unable to contact. If your claim is denied again at the Reconsideration, you have 60 days to appeal that determination and request a hearing.

We encourage anyone whose initial application has been denied to appeal the denial, and we urge them not to get discouraged. The rates of success dramatically increase at the appeals level, especially if you are represented by a good attorney. At Hermann Law Group, we win approximately 85% of the hearings we handle, compared to a 55% success rate for all claimants nationwide

You have 60 days from the date of your denial to file an appeal, both at the Initial Application level and the Reconsideration level. Again, at Hermann Law Group we will prepare and file all necessary forms on your behalf in order to appeal. In appropriate cases, we are able to request that an appeal be decided favorably without our clients actually having to attend a hearing, resulting in them getting their benefits months earlier than otherwise.

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