There are several different steps associated with how you should handle a denial of disability benefits after your initial application.
It is strongly recommended that you consult with a social security disability attorney in New Jersey to discuss the options for reconsideration filing.
There are strict time limits that you must follow in order to protect you claim for consideration. In general, your application for disability claim reconsideration needs to be filed within 60 days of your initial denial.
Reconsideration needs to be initiated by submitting an official written request within the timeframe specified. There are four different levels of appeal for Social Security benefits.
In this initial appeal stage, your claim is evaluated in full by someone who was not part of the initial decision. The Social Security Administration will review all of the evidence submitted with your initial application as well as any new evidence.
If you are denied benefits again, this second stage allows you to request an official hearing with an administrative law judge who was not involved in either the original decision or the reconsideration of your case.
Usually the hearing will be scheduled within 75 miles of your residence and the administrative law judge will notify you about the place and time of the hearing.
You may be able to submit additional evidence and correct or clarify any information with your claim, and it is recommended that you work with a New Jersey disability benefits attorney to handle this stage of the process.
At the hearing, the administrative law judge asks you and any associated witnesses questions about concerns with your claim or about your disability and your capability to handle tasks required by your job.
You do have a right to be represented at this meeting and having a New Jersey disability benefits attorney at the reconsideration stage can be beneficial.
If you are still denied benefits after a judge’s hearing and decision, the social security appeals council will evaluate all requests for review.
However, they may deny your request if they believe that the hearing judge was correct initially. If the appeals council reviews your case and issues a decision, you will be officially notified of that decision in writing.
In certain situations, the appeals council can return your case to the administrative law judge for further reconsideration.
If your decision is denied yet again at the appeals council level, you are eligible to pursue an appeal in the United States district court.
Regardless of which stage in the appeals process you find yourself, having a New Jersey disability benefits attorney to advise you of your next steps is beneficial. This process can be overwhelming and confusing without an attorney’s guidance.
If you need to consult a New Jersey attorney, you need to contact Schibell & Mennie, LLC. The initial consultation is always free.