Permanent Partial Disability Attorney Buffalo, NY

You filled out your application for Social Security disability benefits and, after reviewing your medical records, the Social Security Administration denied your application, determining that you are not disabled and not entitled to benefits. After being denied, you have several options. Most commonly, applicants either appeal the ruling or file a new claim. If you live in New York, contact a permanent partial disability attorney Buffalo, NY clients recommend from Hurwitz, Whitcher & Molloy, Attorneys at Law for legal assistance.

Many New York residents who are denied Social Security benefits, end up at a hearing where that denial is reviewed. There is understandably much anxiety and stress surrounding these legal hearings. Professionals who work on these cases appreciate that access to proper benefits can significantly alter the lives of applicants.

So, what can you expect to happen during a hearing for Social Security disability benefits?

SSD Hearings

Generally, as discussed on the Social Security Administration website, these appeals are held in front of an administrative law judge (ALJ). A clerk in the ALJ’s office will contact you to set up a hearing date, on which you will be able to submit updated medical records to establish that you are, in fact, disabled and entitled to disability benefits.  Because the applicant lost originally, the burden to prove disabled status rests with the applicant on appeal. To meet this burden, the applicant will often submit additional or more specific proof than was submitted in the original application.

The hearing, while technically neutral, is often more adversarial than it may seem. This is because the ALJ may choose to bring in a “vocational expert” to assess an applicant’s ability to return to work.  While the vocational expert is employed by the ALJ, often the expert stands in opposition to the applicant’s claim, arguing that the applicant can perform the essential functions of certain jobs. The effect of the vocational expert’s testimony, if adopted by the judge, might lead to another denial.

Applicants are given the opportunity to cross-examine the vocational expert. This is best done by a disability lawyer Buffalo, NY residents trust who is experienced in Social Security matters. Cross-examination gives applicants a chance to expose any weakness in the expert’s assessment of the applicant. Sometimes the expert’s assessments are very generic and actually tell the ALJ little about the applicant’s ability to return to work. Through effective cross-examination, a lawyer can lessen the likelihood an ALJ will adopt the potentially harmful and incorrect assessments of the vocational expert.

Get Legal Help

If you have been denied Social Security disability benefits and are thinking about filing an appeal of the judgment, your best bet is to hire an experienced attorney to assist you with the process.  Aside from effectively being able to cross-examine any vocational experts brought in to assess your status, an experienced attorney can help you navigate the often confusing and lengthy process, helping you avoid the common pitfalls that may lead to the delay or denial of your claim.

If you are seeking disability and have been denied on your initial application, contact a Buffalo, NY permanent partial disability attorney from Hurwitz, Whitcher & Molloy, Attorneys at Law.