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Schenectady Disability Appeal Lawyers

Do not lose hope. Most injured workers who have been denied disability benefits more than once get discouraged, and understandably so: It is a long, complex and emotionally taxing process, and after a few denials, it begins to look like the benefits will not come at all. If you are in this position, you need to know that there is still a chance to obtain the benefits you need.

Talk with a lawyer from Silverman, Silverman & Seligman, P.C. Since our beginning as Silverman & Silverman in 1940, we have been helping injured workers obtain much-needed benefits. Our Schenectady disability appeals lawyers have the experience, focus and dedication to represent you before the Social Security Appeals Council (SSAC) to fight for your benefits.

The Challenges of SSDI Appeals ∙ The Importance of Experienced Counsel

It is essential to work with experienced Social Security Disability Insurance (SSDI) attorneys for your appeal because there are many challenges in the appeals process, including:

  • The requirement of error: The appeals judge will not be taking another fresh look at the substance of your case. Rather, the focus of the appeal is on the administrative law judge's (ALJ) actions and decision. There needs to be some kind of clear error on the part of the ALJ to overturn his or her denial of your application.
  • The appeals judge's bias: The appeals judge is looking at your denial for any good excuse to let the ALJ's opinion stand. If there is any good reason, and no major procedural errors by the ALJ, the appeals judge will almost certainly affirm the denial of your claim.
  • The odds: Successful SSDI appeals are not common.

Although you have had your application denied at least twice and the situation probably looks bleak, there is still a chance that we can help you obtain the benefits you need. We have been handling appeals for many decades, and in that time, we have helped many New York clients in your position receive SSDI benefits at the appeal stage after numerous denials. Contact us.

Contact Capital District SSDI Lawyers ∙ Free Initial Consultations

We serve clients in all upstate Capital District counties. If you have experienced a work-related injury, you can talk with one of our experienced lawyers. Call 518-631-4521 or contact us online for a free initial consultation with a New York work injury compensation attorney.

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Frequently Asked Questions
  • What do I need to show to obtain Workers Compensation benefits?


    In order to obtain compensation benefits you need to document that you were an employee, that an accident occurred during the course of your employment (or you developed an "occupational disease" during the course of your employment), that you gave notice to your employer within 30 days of the accident and that you filed your claim for benefits within two years of the date of the accident. There are some exceptions to these requirements which should be discussed with your attorney in detail.
  • If the administrative law judge directs the carrier to pay my medical bills and to pay me compensation benefits, and the carriers still objects, what happens?


    If a carrier believes that there are grounds for an appeal they may file such an appeal within 30 days to the Workers Compensation board. Pending the resolution of that appeal in most instances the carrier is not required to pay medical bills or make biweekly payments to the Claimant as directed by the administrative law judge.
  • Am I required by law to have an attorney?


    No. But bear in mind that the insurance carrier is mandated by law to have an attorney or a licensed representative appear at every hearing. These attorneys and licensed representatives often have years of experience, have handled thousands of hearings and are well versed in representing the carrier's point of view. While there is no similar statute requiring the Claimant to be represented, we would highly recommend that they retain counsel. Silverman Law has decades of experience in representing Claimants.
  • The carrier argues that my condition was pre-existing. I don't think that it was but even so I never had these symptoms. What should I do?


    This question of a pre-existing asymptomatic (unnoticed) condition which is made symptomatic by a work-related accident has been decided by both the Appellate Division of the Supreme Court of New York State and the New York State Court of Appeals.
  • Can I collect both Workers Compensation and the Social Security Disability benefits at the same time?


    Yes. If you qualify you may indeed collect both Workers Compensation and Social Security Disability benefits. While Workers Compensation is not reduced because of Social Security Disability payments, your Social Security Disability payments may indeed be reduced because of your Workers Compensation benefits.
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Silverman, Silverman & Seligman, P.C.
527 State St.
Schenectady NY 12305

Phone: 518-631-4521
Toll Free: 877-851-4319
Fax: 518-374-4338

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Silverman, Silverman & Seligman, P.C., is located in Schenectady and serves clients from Albany, Colonie, Guilderland, Cohoes, Watervliet, Glens Falls, South Glens Falls, Hudson, Troy, Queensbury, Saratoga Springs, Amsterdam, Gloversville, Johnstown, Cobleskill, Middleburgh and Menands as well as Schenectady County, Saratoga County, Albany County, Rensselaer County, Montgomery County, Fulton County, Schoharie County, Greene County, Columbia County and Warren County in upstate New York and the Capital District.