A Trenton Social Security Disability lawyer can help you fight for the benefits you deserve when you have become disabled. No one anticipates an illness or an injury that could lead them to become disabled. No one plans to find themselves in a position where they cannot work to support themselves or their family because the pain level is too high to cope with at work. No one wants to need disability payments.
However, life happens, and there are times when Social Security Disability insurance is a necessity. This program was established to help anyone who finds themselves unable to work and support themselves and their family. Unfortunately, the program often rejects applicants, even if they are really in need.
The government admits that a majority of applicants are denied for benefits during their initial application. They have designed the approval process this way so that many people will become discouraged and give up trying to get benefits. Sadly, that works on many deserving people.
However, the program does have an appeals process. If you did not use a Trenton Social Security Disability lawyer to help you with your initial application, you could use their services for the appeal process. Schedule a FREE CONSULTATION to find out how a Trenton Social Security Disability lawyer can help you apply for benefits or appeal your case.
Applying For Social Security Disability In New Jersey
The application process for Social Security Disability is the same for applicants. The process starts by contacting the Social Security Administration (SSA) and requesting an application for disability. The SSA will assign an administrator to your case, and from that point forward, they will work with you on your case.
At this point, your administrator will begin the process of determining your eligibility. They will request medical records, employment records, and other information about your illness or injury. They may request that you have a medical examination by one of their doctors, or they may require additional interviews with you about your condition.
Your administrator will also look at your job history and determine if you are capable of any type of work other than your profession. At that point, they will decide if you are “qualified” for benefits. Stats indicate that over 60 percent of people without legal representation at this point in the application process are automatically denied.
Once the application is denied, the applicant will have a limited time to seek an appeal of the decision. Nearly 90 percent of all people facing an appeal will then seek the assistance of an attorney to help with the process.
Appealing A Social Security Disability Denial
If you have been denied Social Security Disability payments, you will have the chance to appeal the decision. The process can go through as many as four levels of appeal. Most cases, however, are finalized in three or less.
The first part of the appeal process is known as the reconsideration. Your initial file is sent to a new administrator to see if they agree with the findings of the first administrator. This new administrator may request additional medical information, require additional medical exams, or may base their decision off of the current information.
Many appeals are settled at this level. The information gathered by the new administrator may give them sufficient information to see how the disability is permanent and that the applicant is qualified under the terms of the program.
If the application is not approved in this level of the appeal, you will need to request a hearing with an Administrative Judge.
If you have a hearing with an Administrative Judge, you must be prepared to answer a lot of questions directly to the judge. The judge will review your medical records before the hearing and will make notes on any questions that they have about your case.
After the judge speaks with you, they will make a final decision about your case. Many people are successful in having their claims approved when an Administrative Judge reviews their case.
If the judge does not approve your case, you have the potential to file an appeal with the Appeal Council.
It is essential to understand that the Appeal Council DOES NOT have to accept your case. They have the option of taking the case in for review if they believe that there is a potential for an Administrative error in your case. The Appeal Council only verifies that all regulations were followed by the Social Security Administration. They do not review the information about your injury or illness or your capabilities.
If you are accepted for an Appeal Council review, they will look at the information surrounding your case and present a decision. It is not common for the applicant to be questioned or even present during the review. The applicant is then mailed the final decision. On occasion, the applicant will be approved for benefits by the Appeal Council. However, this will only occur when an administrative error has occurred.
If you are denied benefits at this phase, most people start fresh and apply for benefits all over again. The only other option is to take the case to Federal Court.
If you believe that there was not a valid reason for you to be denied Social Security Disability benefits and you have gone through all of the other appeals processes, then you can file a case in federal court. This will require the assistance of a Social Security Disability attorney.
Very few people will take their appeal process this far because a federal case is costly and very time-consuming. Most applicants would see results much faster if they just reapplied for benefits. Anyone can start a new application process when all of their appeal options have been used.
The appeal process can be difficult to maneuver and requires precision to details. If you want the best possible outcome to your appeal application, contact a Trenton Social Security Disability lawyer about your case.
Social Security Assistance for Disabled Children
Supplemental Security Income (SSI) may be available to help children with disabilities. This Social Security program is available for families with children who are disabled and have limited income. This type of assistance is available for the child as long as they remain disabled and unable to provide for themselves.
To qualify for this program, the child must meet the following guidelines:
- Have a physical or mental impairment that limits their daily functions
- The child has had these impairments for at least 12 months
- The impairment or effects of their impairment will eventually result in their wrongful death
- The child is not gainfully employed
If you need assistance in obtaining SSI benefits for your disabled child, contact a Trenton Social Security Disability lawyer.
Long Term Disability Benefits
Many people have invested in a long term disability insurance policy. These policies are in place to help cover the loss of income for the policyholder in the event of a long term disability. This sounds like a fundamental concept for an insurance policy, and it should be easy to make a claim.
Regrettably, the insurance companies that hold these policies often find “technicalities” that prevent the injured party from making a claim. They will deny benefits or stop payments for reasons that they claim are in the “terms and conditions” of their policies. In truth, they are just trying to save money.
If you are fighting an insurance company over a long term disability policy, a Trenton Social Security Disability lawyer can help you secure your benefits. In addition to seeking the benefits you are entitled to under Social Security, they can help you make your claim for benefits from these types of insurance policies.
Let A Trenton Social Security Lawyer Help You With Your Claim
Whether you have applied for Social Security disability benefits and have been denied, or you are ready to apply for benefits for the first time, a Trenton Social Security Disability lawyer can help. Your attorney can help with the following areas of your application:
- Preparing the application
- Obtaining all of the necessary documentation
- Communicating with your administrator during the process
- Finalizing the case when approved
- Filing an appeal if necessary
- Managing the appeal through final approval
Your attorney will also make sure that any and all other benefits that you are entitled to under law through various programs are addressed.
NEVER A FEE UNLESS WE WIN. We are so positive about our ability to help you that we will work on a contingency basis. This means that there is never a fee until we win your case. You do not have to worry about any legal fees throughout the process. This is another reason why it makes absolute sense to use the services of an attorney when filing for disability payments.
SCHEDULE A FREE CONSULTATION to find out how we can help you with your claim for Social Security Disability payments. You have contributed to this program throughout your working career. Now that you need to make a claim, there is no reason that you should be denied. Speak with a Trenton Social Security Disability lawyer today.