Schenectady SSDI Hearing Lawyers

SSDI Attorneys Serving Albany, Troy and Schenectady

Many people begin to worry after receiving a denial letter from the Social Security Administration (SSA). It is understandable that you would feel a high level of anxiety after a denial of your application for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI). You are unable to work, yet there is no support coming to help you manage financially and take care of your family. Do not despair: You have another chance.

Our Schenectady SSDI and SSI hearing attorneys have decades of experience focused exclusively on obtaining benefits for New York clients whose injuries and illnesses prevent them from being able to work. At Silverman, Silverman & Seligman, P.C., we have represented clients in thousands of SSDI hearings.

About the Hearing

If you have filled out the initial application for benefits and received a denial letter, you have the option of requesting a hearing with an administrative judge from the Social Security Administration (SSA).

You have limited time after a denied disability claim to request a hearing with an administrative law judge. Contact one of our attorneys as soon as possible so you don't miss your opportunity to obtain the benefits you need.

A Social Security Disability hearing is your chance to present and argue your case before an Administrative Law Judge. The process resembles a courtroom proceeding. You will have the opportunity to present a written file to the judge, talk with the judge about your case and present the testimony of witnesses. You may also need to cross examine an administratively appointed Vocational Expert. That takes experience to do properly. The judge will decide whether to authorize or deny your request for benefits some time after the hearing is completed.

Albany Disability Hearing 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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• 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.

Silverman, Silverman & Seligman, P.C.
527 State St.
Schenectady NY 12305
Phone: 518-631-4521
Toll Free: 877-851-4319
Fax: 518-374-4338