Correction officer got injured during a use of force Injured Right Knee, Right Ankle
The federal Social Security Disability Insurance (SSDI) program provides cash payments to people who have a disability that keeps them from working. SSDI funds are derived from payroll taxes. Individuals are eligible to receive Social Security disability if they have a qualifying medical condition and have accumulated enough “work credits” through their employment history. More than 8 million Americans receive disabled-worker benefits from Social Security. But qualifying is difficult, and most initial applications are denied.
Two federal programs exist to provide monthly benefits to people with disabilities, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The application and appeals process are the same for both benefits. It is possible to collect SSI and SSDI concurrently, but most people qualify for one but not the other.
Overall, both programs share the requirement that you must meet the SSA’s definition of disability, meaning you have a medical condition expected to last at least one year or result in death, which prevents you from working and earning a living – known as engaging in substantial gainful activity (SGA).
The process of applying for Social Security Disability Benefits can be a long, complicated process. Applicants must keep track of all the relevant deadlines and ensure that they submit a complete and accurate application. With decades of experience, our disability attorney can file a strong application for benefits on your behalf and work with you and your doctors to get the documentation necessary to achieve a favorable outcome. There are no upfront costs – you only pay a lawyer a one-time payment that comes out of your back pay if we win your case. If your claim is not approved, you have no financial responsibility for the attorney’s fees. For a free initial consultation, give us a call at +1(516) 640-3900.
If you disagree with any decision made by SSA, you have the right to request that your case be reviewed again. If you wish to file an appeal, you must make your request in writing within 60 days from the date you received the decision letter. Your odds of approval can increase after a couple of rounds of appeals. But appeals do take months or years to complete.
Request for Reconsideration (average wait time 6 months, 10-15% approval rate)
Request for Hearing with an Administrative Law Judge (average wait time 8-12 months, 50% approval rate)
Appeals Council Review (12-24 months with low odds of success)
Judicial Review in a U.S. Federal Court Hearing (at least 12 months; very few cases reach this stage)
Reconsideration: Reconsideration is a request to have the application reviewed by different staff at Disability Determination Services (DDS) and the opportunity to submit additional medical records and evidence. Most reconsiderations end with denial, so you’ll need to move to the next appeal stage.
Court hearing: The disability hearing is a chance to make your case in front of an Administrative Law Judge (ALJ), who has the authority to deny or approve your application. This is your best chance to secure an approval. Your chances of winning at the hearing level are three times higher if you have a disability lawyer.
You will need to appear at the hearing either in person, via videoconference, or telephone to present your case to the ALJ. We prepare you for the questions that the Judge may ask and will always be present with you during the hearing.
ALJs can use the expertise of Medical Experts and Vocational Experts to help decide your case.
These hearings, including your testimony, usually take 30-45 minutes. After the hearing, you will receive a formal decision in the mail, usually within 90 days. This is the final appeal stage for most applicants.
Social Security Appeals Council: If you receive an Unfavorable Decision from the SSA Judge, you can appeal the decision to the Appeals Council. The Appeals Council can only examine the ALJ’s decision for any legal, procedural, or factual errors. It has the discretion to either deny your request for review or grant it by remanding the claim back for another hearing. Your odds are low at this stage. 20% of cases are remanded, and your case could go back to the same judge who denied your claim.
Federal district court: If the Appeals Council denies review of your case, then you can appeal by filing a lawsuit in Federal Court by requesting a review of the SSA’s decision. Though there is a fair chance of winning a case at this level, lawsuits are expensive and time-consuming. Not all disability attorneys are willing to go to court, and less than 1% of SSDI applicants pursue their claims that far.
It is important to file an SSDI or SSI application as soon as you know you are not going to return to work. It is also important to appeal on time so that you do not lose out on any back benefits. Appealing a disability denial can be more advantageous than reapplying for benefits from scratch. If your case is approved after one of the appeal processes, you will be entitled to past- due benefits, which accrue from the date of your original application to the date you win benefits.
If the Social Security Administration has already denied your claim, we will review it and identify the reason for the denial. We will help you gather evidence and correct any of the problems leading to the claim denial. Our lawyers can guide you through the complex process of appealing a denial decision and are ready to fight for the benefits you deserve. We are committed to providing personalized solutions for our clients and will work tirelessly to achieve a positive outcome in your case.
An experienced disability attorney can evaluate your case and help you file your claim, gather medical evidence, and obtain medical tests and necessary documents. They will know what is required at each step of the process, keep track of deadlines, and be able to present your case in the best possible light
Consulting an experienced disability attorney at our office will ensure that comprehensive documentation is submitted to increase the likelihood of getting approved to receive benefits.
Common Reasons Applications are Denied
SSDI benefits are for people who are unable to work. If you are still working at the time of your application and making more than a certain threshold over the substantial gainful activity (SGA) amount, you could be denied. The SSA typically will not approve an SSDI claim if your earnings are more than $1,620 monthly (in 2025), adjusted annually.
SSA doesn’t pay benefits for short-term or temporary disabilities. If your disability is not likely to last more than a year and you will be able to return to work within that year, you are not considered disabled. The SSA might determine that your disability is likely to improve in under a year and, therefore, deny your claim.
Many applications are denied for lack of sufficient medical documentation of the disability. An applicant must have strong medical evidence documenting his disability and how this prevents him from working. Medical records need to document not only the existence of a disability but also how the condition interferes with the person’s ability to work.
When reviewing your application, Social Security needs to see that you’re following “doctor’s orders” by taking your medication as prescribed and engaging in recommended therapy. If you have prescribed medications or treatments that will eventually help you get better, but you refuse to follow them, SSDI benefits could be denied to you.
The Social Security Administration (SSA) will deny disability benefits to those who have disabilities resulting from drug abuse or alcoholism. You’ll need to show that substance abuse is “immaterial” to your claim—meaning that you’d still be disabled if you stopped using drugs or alcohol. This is usually accomplished by establishing a period of sobriety during which your medical records show that you still have disabling symptoms from an underlying medical condition
If a person ignores requests for additional information or otherwise fails to cooperate during the SSA’s application process, his claim for SSDI will not be successful. Likewise, if you don’t attend a consultative examination (CE) that Social Security schedules for you, your application may be denied.
How much can I get?
Do I get Health Insurance?
How much can I get?
Do I get Health Insurance?
Aronova & Associates is a firm for all New Yorkers. We are your trusted legal support when it matters most. Our team provides multilingual, tailored guidance to meet the diverse needs of New Yorkers. The first step in providing you with the help you need is a free consultation to discuss your case. When you’re ready to talk, we’re ready to work for you.