Albuquerque disability lawyer answers your Social Security disability questions
If you’re unable to work because of a physical or mental condition, Social Security disability benefits can be a lifeline. But for many people in Albuquerque and across New Mexico, actually getting those benefits is a frustrating uphill battle. Applications are denied every day — often for reasons that have nothing to do with whether the applicant is truly disabled.
That’s why this website exists. Our goal is to give New Mexico residents clear, straightforward information about Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) — and to connect you with an experienced Albuquerque disability attorney who can help you fight for the benefits you deserve.
Why So Many Disability Claims Are Denied
The Social Security Administration follows a complicated set of rules when deciding who qualifies for benefits. A large percentage of initial applications are denied — sometimes because of missing medical records, incomplete paperwork, missed deadlines, or simply because the evidence wasn’t presented in the way the SSA expects.
The good news: a denial is not the end of the road. Many applicants who are denied at first go on to win benefits on appeal, especially at the hearing stage before an administrative law judge. Having a knowledgeable disability lawyer on your side at that stage can make a real difference.
How a Disability Attorney Can Help
An experienced Social Security disability attorney can:
- Evaluate whether you’re likely to qualify for SSDI or SSI benefits
- Help you file a complete, well-documented application the first time
- Handle your appeal if your claim has been denied
- Gather the medical evidence and opinions that judges look for
- Prepare you to testify persuasively at your hearing
- Make sure you never miss a critical deadline
Best of all, disability attorneys typically work on contingency. That means you pay no attorney fees unless your claim is approved — and fees are capped by federal law.
Why Work With a Local Albuquerque Attorney
Disability claims filed in Albuquerque move through local Social Security field offices and are decided by administrative law judges here in New Mexico. An attorney who regularly handles cases in this area knows how these offices work, what local judges expect, and how to build the strongest possible case for New Mexico claimants.
Free Resources to Get You Started
Take some time to explore this site. Our disability library contains dozens of plain-English articles explaining the law and offering practical tips to improve your chances of success. Our blog covers updates on New Mexico disability issues, and our video overviews walk you through key topics like eligibility and the hearing process.
Don’t Wait — Deadlines Matter
Whether you’re just starting your application, you’ve received a denial letter, or your hearing date is approaching, time is not on your side. Deadlines in Social Security cases are strict, and missing one can set your claim back by months.
Call (888) 278-8579 now for a free, no-obligation consultation about your Social Security disability claim.
Depending on your situation, you may also find the following particularly helpful:
If you are considering applying for Social Security disability benefits:
- Frequently Asked Questions provides a good introduction to Social Security disability.
- Tips for Applying explains what the Social Security Administration looks for before awarding benefits.
- our Social Security Disability Library section below, Applying for Disability Benefits When…, explains how the Social Security Administration evaluates particular impairments.
- Examples of who is and who is not disabled is an eye-opening article that describes how the Social Security rules and regulations apply to real-life situations. You may be surprised at the results.
If your initial application for Social Security disability benefits was denied:
- The Sequential Evaluation Process explains the 5-step process that Social Security uses in every case to decide whether to award benefits. The information provided here may help you determine why your application was denied.
- Disability Appeals is a series of articles that provides an overview of the appeals process.
- Your Disability Hearing is a series of articles that focuses exclusively on the administrative hearing phase of the appeals process.
- Helpful Suggestions for Appealing a Denial of Benefits is a booklet of practical tips and how-to advice, delivered by email, followed by a series of start-to-finish practical tips, delivered by email.
Contact an Albuquerque disability lawyer.
The information provided on this website is a good first step toward presenting a persuasive case to the Social Security decision-maker. I hope you find it useful. If, in addition, you find that you need more specific information, or if you would just like to talk with a knowledgeable Albuquerque disability lawyer about the facts of your particular case, please contact me. You can reach me by phone or email, or by submitting the Free Claim Evaluation form on this page.
I wish you success.
Albuquerque disability lawyer
Frequently Asked Questions
If your answers match the ones below, the Social Security Administration (SSA) is likely to award you benefits.
- Are you gainfully employed? No
- Do you have a severe impairment? Yes
- Will your impairment last 12 months or result in death? Yes
- Does your disability meet one of SSA’s listed impairments? If yes, you qualify. If no …
- Are you able to work? No
The big-picture answer is: analyze what needs to be proven to win benefits, figure out how to prove it, and gather the necessary evidence. Some of the specific tasks are:
- Obtain reports from treating doctors that are consistent with Social Security regulations
- Refer claimants to specialists for additional reports that answer questions raised by Social Security regulations
- Obtain a vocational expert’s evaluation of the claimant’s ability to work
- Ask that a prior application for benefits be reopened
- Seek a waiver of a time limit
- Request subpoenas to insure the presence of crucial witnesses or documents
- Advise the claimant on how best to prepare for and testify at the hearing
- Object to improper evidence or procedures at the hearing
- Cross-examine adverse witnesses
- Present a closing statement
- Submit a written summary of the evidence and argument
- If the claimant wins, make sure the SSA correctly calculates benefits
- If the claimant loses, request review of the hearing decision by the Appeals Council
It can take up to two years from request until a hearing is held and a decision issued, but the time varies from state to state.
They are private, held in a small conference room, and last an hour or so. You will be asked about your education, training, work experience, symptoms, limitations, and daily activities.
If you have not filed your appeal within 65 days of the date on your denial letter, you have to start over with a new claim. That new claim may result in the loss of back benefits.
Because the majority of appeals are granted at a hearing, failing to appeal a denial to the hearing level is the number one error … and unfortunately very common.
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