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Neuropathy causes pain and numbness that can make it difficult to work, but you may have found that just being diagnosed with neuropathy isn’t enough to win you Social Security Disability benefits.
To qualify for disability, you need to show that:
These are high standards to meet. It’s no surprise that so many people get denied benefits. But getting your initial application for benefits rejected isn’t the end.
The Binghamton disability attorneys at Lachman & Gorton Law Office can help you appeal and fight for the Social Security Disability benefits you deserve.
We’ve been helping people in Elmira, Binghamton and across Upstate and Western New York appeal disability benefits denials for more than 35 years.
Appeals are complicated and difficult to navigate on your own. You don’t want to trust your disability claim to just any firm.
If you go to a big national firm, you may not even work with an actual lawyer. Your case file could get shuffled around to different staff members who never really learn about your claim.
The attorneys at Lachman & Gorton give you the personal attention you deserve. We also handle all stages of disability appeals, including federal appeals.
If you’re in pain and you can’t work, you have enough to stress about. Let our team support your appeal and give you the best possible chance at getting approved for disability benefits.
Qualifying for disability benefits requires you to show Social Security that you can’t work any job at all.
Your residual functional capacity (RFC) is a key part of your neuropathy disability claim.
Whether you suffer from diabetic neuropathy or another form of peripheral neuropathy, your RFC tells a claims examiner what you can do despite your symptoms.
Social Security breaks up work into five categories depending on how mentally and physically taxing a job can be.
From easiest to most difficult, there is sedentary, light, medium, heavy and very heavy work.
Pain and numbness from neuropathy can cause mobility issues, making it difficult to stand, walk or keep your balance.
These are two situations that can create a particularly strong case for neuropathy disability benefits:
Symptoms like these can also weigh on you mentally and emotionally, causing anxiety and making it difficult to focus or interact with others.
One of the biggest obstacles facing your claim is if Social Security still thinks you can do some type of sedentary or light work in spite of your health struggles.
Many people get denied disability benefits because the Social Security Administration (SSA) thinks they can just work a different, less strenuous job.
If you were denied, don’t give up on benefits just yet. Talk to a Binghamton disability lawyer who understands the appeals process and how to make the case that your neuropathy prevents you from working any job.
Ask about our FREE case consultations.
A common reason for disability claim denials is a lack of evidence. Social Security won’t take your word for it when you say that your neuropathy symptoms stop you from working.
A claims examiner will want to see objective evidence including:
If you were denied once or even twice, you can still introduce new evidence when you move to the next stage of appeals, but it gets more difficult to add additional evidence as the appeals process goes on.
Get an experienced disability appeals lawyer as early as possible. We can help you set up your case for later success.
Advanced stages of appeal are more about legal errors and arguments. Your Upstate NY disability attorney from Lachman & Gorton can make sure you have everything you need in your file for the strongest possible claim.
Hearing back about your neuropathy disability claim normally takes around six to eight months, but it can take longer depending on staffing levels at Social Security and the backlog of claims.
When you get denied, this process can take even longer. Each stage of the appeals process can add months to your waiting time. Many people wait years to receive the benefits they deserve.
Once you get approved for Social Security Disability, you will receive back pay to make up for some of that time you waited.
You also need to be aware of the 60-day deadline to appeal set by Social Security. Fail to respond in time and you may have to start over with a new application for benefits, making the process take even longer.
The disability lawyers of Lachman & Gorton can walk you through all four stages of appeal—reconsideration, your disability hearing, the Appeals Council and filing your appeal in federal court.
Getting denied disability benefits for neuropathy is common. Only around 35% to 40% of initial applications for benefits are approved in New York.
Many people fight for benefits on appeal, and that’s when they win.
Appealing is more complicated than applying. Work with an Upstate NY disability attorney who can help you with each part of this process.
A lawyer can:
Not every disability attorney handles the last two phases of appeal. In fact, many law firms refer their clients to Lachman & Gorton once they reach that part of this process. Peter Gorton takes 75 appeals to federal court each year.
We’ve helped thousands of people with their disability claims, including people struggling to function because of neuropathy.
The team at Lachman & Gorton is ready to help you fight for the disability benefits you deserve on appeal. Let’s get you back on the road to financial stability.