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Appealing a Worker’s Compensation or Social Security Disability Denial

Have you been denied a worker’s compensation or social security disability claim? You may be able to appeal the decision.

You may appeal a worker’s compensation judge’s decision within 30 days of its filing by applying in writing for board review. If your application is granted, your case will be reviewed by a panel of three board members. This three board member panel may affirm, modify or rescind the Judge’s decision, or they can send the case back Judge for further development of the record. Within 30 days of a board decision, an appeal may be taken to the Appellate Division, Third Department in Supreme Court of the State of New York. Finally, the decision of the Appellate Division may be appealed to the Court of Appeals.

If your case is being contested, the carrier does not have to pay your weekly benefits during the review by a board panel, but payment of compensation and doctor’s bills must be made if your award is upheld by the board panel. It is true even if an appeal is made to the Appellate Division.

Dealing with a denied Social Security Disability claim can take a long time and involves many steps. The first step is requesting reconsideration. Usually, you will have to do this within 60 days of your initial denial. Next you will be granted a hearing before an Administrative Law Judge. The Judge reconsiders your SSD case after an initial denial. The Judge’s decision can then be reviewed by an Appeals Council. The Appeals Council will either reverse, affirm or remand the Judge’s decision. If the Appeals Council doesn’t rule in your favor it is possible to appeal your SSD claim to a Federal District Court.

These appeals processes can be complex and arcane. If you need help with an appeal, you can always call the Law Offices of David I. Pankin, P.C. toll free at 888-529-9600.