If you intend to file an application for disability benefits, it is important to understand all of the relevant laws and regulations associated with your rights as well as your responsibilities. Your initial application for disability benefits is determined by the Federal Social Security Administration.
To officially start the process of applying for benefits, you can either do this online or by making an in-person visit to a Social Security office.
Once you have completed this, the agency will determine whether your application is relevant for Social Security disability benefits or Supplemental Security Income.
Usually, only individuals who have earned enough working credits will be eligible to receive SSDI. If you have no work history, however, you may still be eligible for SSI.
In this initial phase, the agency will evaluate any present work activities and determine whether or not you have earned enough work credits to qualify for disability benefits.
If you satisfy these requirements, the application is then processed by a disability determination services office in New Jersey and that agency will take over responsibility for the final determination of whether or not you are approved.
The agency uses a five step procedure in order to determine whether or not you meet the requirements for being classified as disabled.
The agency will determine if you currently have employment, whether your medical condition can be classified as severe under Social Security Administration guidelines, whether your medical condition is listed on official charts associated with Social Security regulations, whether or not you are able to do any past relevant work, and whether or not you can do any other kind of work.
There are specific rules associated with people who have low vision or blindness and you should always consult with an attorney if you have either of these conditions to understand your rights and opportunities more clearly.
The State Office of Disability and Review will evaluate your case and issue a decision, sending you a letter after the initial application has been evaluated. If you are approved for disability benefits, your approval letter will detail how soon you can expect to begin receiving these payments.
If you do not agree with the agency’s decision, you need to initiate the appeals process as soon as possible to protect your rights. It is strongly recommended that you hire a New Jersey disability attorney to help you with this phase of the process.
If reconsideration is filed and you are denied a second time, you would also need to rely on your New Jersey disability attorney to help you file another appeal and move into the courtroom phase with a process where a judge determines whether or not you meet the Social Security Administration rules and guidelines. Having a New Jersey disability benefits attorney to assist you with this process is strongly recommended.
If you need to consult a New Jersey attorney, you need to contact Schibell & Mennie, LLC. The initial consultation is always free.