Appealing a Denied SSDI Claim in New Jersey
Essex County Social Security Disability Attorneys
The Social Security Administration (SSA) routinely denies Social Security Disability (SSD) claims. In fact, about two-thirds of initial disability claims are denied, including many where the applicant has a true, legitimate disability and can no longer work. Receiving a denial does not mean that you will never get benefits. It does result in a delay, however, because you must exercise your rights to appeal the decision.
At Greenberg Minasian, LLC, we represent disabled clients in Essex County, Hudson County and across New Jersey whose initial SSD applications have been denied. We understand the frustration our clients feel. We do everything we can to make the appeals process as efficient as possible so that our clients receive much-needed benefits as quickly as they can.
Why Does the SSA Deny Initial Claims?
The most common reason an initial Social Security Disability claim is denied is the SSA’s contention that the applicant failed to show evidence of “total disability” and an inability to be “gainfully employed.” It is critical to understand that the SSA is not disregarding medical diagnoses; rather, the denial simply means the SSA felt that the application did not do enough to prove disability. One of the primary reasons to retain a lawyer to assist in appealing a denied SSDI claim is that an experienced attorney can put together the evidence necessary.
Understanding the Social Security Appeals Process
The appeals process begins after the SSA denies an initial claim. There are four possible levels of review that an appeal can reach, but the vast majority are resolved before the final stage. Our Essex County disability lawyers have the skill and experience required to take a claim through any and all stages, as necessary.
- Reconsideration: Within 60 days of claim denial, we will request that the SSA review the application again.
- ALJ hearing: A hearing before an administrative law judge is usually the best opportunity to obtain disability benefits. In preparation for the hearing, our lawyers thoroughly analyze the case and prepare our client to testify. While we ask for expedited hearings whenever possible, it can take about 18 months to get the case to the ALJ.
- Appeals Council: Claims denied by the ALJ can be further appealed to the Appeals Council, located in Falls Church, Virginia. The appeal is entirely in writing, so no travel is necessary. Greenberg Minasian, LLC, attorneys write legal briefs explaining to the council why the ALJ made an incorrect ruling.
- Federal court: Filing a lawsuit in federal court is the last chance for any claim.
Contact a New Jersey Disability Lawyer for a Free Initial Consultation
If your Social Security Disability claim was denied, the attorneys of Greenberg Minasian, LLC, are available to evaluate a possible appeal. To arrange a free initial consultation with our experienced lawyers, contact our law firm online or by phone at 973-325-7711.
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