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Denied? How to Appeal a Social Security Disability Decision in New York

Helping disability claimants since 1996. Attorney Eitan Dagan has spent 30 years helping people through Social Security Disability claims.

If your SSDI or SSI claim was denied, you can appeal, and in most cases you have 60 days from the day you get the denial letter to ask for reconsideration, the first step of the appeal in New York.


Reviewed by Eitan Dagan, attorney, on October 27, 2026.

Call 516-310-9160 for a free review of your denial letter. No fee unless you win. You will not be charged for case expenses if we do not win your case.

Your deadline

You generally have 60 days after you receive the notice to appeal. Social Security assumes you got the letter 5 days after the date on it. So for most people, the deadline is about 65 days from the date printed on the letter. The same 60-day rule applies at each step.

The four steps of appeal

Step 1: Reconsideration

A different reviewer, who was not part of the first decision, looks at your whole file again, including new evidence. This is a good time to fill gaps: missing treatment notes, new test results, and letters from your doctors about what you can and cannot do.

Step 2: Hearing before a judge

If reconsideration is denied, you can ask for a hearing before an Administrative Law Judge. This is your chance to explain, in your own words, how your condition limits you. Read more: SSD hearings in New York.

Step 3: Appeals Council

If the judge denies your claim, you can ask the Appeals Council to review the decision. It may deny review, decide the case itself, or send it back to a judge.

Step 4: Federal court

If the Appeals Council denies review or rules against you, the next step is a lawsuit in federal district court.

How we handle your appeal

  • We mark your deadline the day you call and file on time.
  • We request updated records from every provider who treated you and follow up until they arrive.
  • We write a legal brief that answers the reasons given in your denial letter.
  • We prepare you for your hearing.
  • In downstate New York, we can send a driver to pick up your paperwork.

Frequently asked questions

How long do I have to appeal a denial?

In most cases you have 60 days from the day you get the denial letter. Social Security assumes you got the letter 5 days after the date on it. Call us as soon as the letter arrives.

What is the first step to appeal in New York?

The first step is usually a request for reconsideration. A different reviewer looks at your whole file again, including any new evidence.

What happens if reconsideration is denied?

You can ask for a hearing before an Administrative Law Judge, usually within 60 days. See SSD hearings in New York.

What if I miss the deadline?

Social Security may dismiss your appeal, and you may lose your right to the next step. A late appeal is only accepted if you give a good reason in writing. Do not count on that. Call us the day your letter arrives.

Should I just file a new application instead?

Often an appeal is the better choice, because a new application may not protect the back pay tied to your first application. Talk to us before you decide.

How much does a Social Security Disability lawyer cost?

No fee unless you win. You will not be charged for case expenses if we do not win your case. If you win, the fee comes from your past-due benefits under the standard Social Security fee agreement, and the Social Security Administration sets and approves the fee. Under that agreement the fee is 25% of your past-due benefits, up to $9,200.

How do I appeal?

You or your representative can appeal online at ssa.gov, by mail, or through your local Social Security office. We file the appeal for our clients.

Contact Law Offices of Eitan Dagan, P.C.

Law Offices of Eitan Dagan, P.C.
Main office: 86-52 Woodhaven Blvd, Woodhaven, NY 11421
Melville office: 200 Broadhollow Rd, Suite 207, Melville, NY 11747
Phone: 516-310-9160
Email: daganadmin@edaganlaw.com
Hours: Monday to Friday, 9 AM to 5 PM
Se habla español.

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