If you’re considering appealing a Social Security disability claim, you need the help of an experienced Cliffside Park NJ Social Security disability lawyer. The vast majority of disability claimants have a difficult time securing Social Security benefits. And failing to do so can have dire consequences that affect one’s quality of life. At Hermann Law Group, we understand that the process of applying for disability benefits can be challenging. Let us help.
Am I Eligible for Social Security Disability Benefits?
There are different forms of disability benefits: Social Security Disability (SSDI) and Supplemental Security Income (SSI). In order to qualify for Social Security benefits, one must meet both the medical and non-medical criteria.
What are the medical requirements for disability? Perhaps the most important guideline to securing disability is that your disability must have lasted or expect to last for a minimum of one year. Unfortunately, a temporary disability isn’t grounds for Social Security benefits to be awarded. Whether you’re applying for SSI or SSDI you must meet the following requirements:
- The medical condition makes working a job or past jobs impossible
- Has to align the strict requirements of Social Security’s impairment listing
- Your age, education, and skillset are all factors that are taken into consideration
Claimants will need to provide evidence that their medical condition causes functional limitations. For instance, let’s say you’re applying for Social Security benefits because you have cancer. You must provide a copy of biopsy results to prove your disability.
It’s also important to understand the financial requirements for obtaining disability benefits from the state. A claimant who is considered gainfully employed or makes a substantial amount of money will not be eligible for SSI. In addition, you’ll need to have been insured under the Social Security disability program by paying taxes into the system over your working years. To help determine whether you qualify for benefits, speak to a Cliffside Park NJ Social Security disability lawyer.
Appealing a Denied Social Security Claim
Was your disability claim denied? After submitting your application, the Social Security Administration will review your claim and assess whether your ailment limits you from working and providing for yourself. If you have received a denial from the SSA, don’t be overly concerned. What many people don’t know is that SSA denies approximately 60% of initial applications.
You can appeal an adverse decision. However, you must submit a Request for Hearing or Reconsideration within 60 days of receiving a denial letter. If you don’t submit these forms in the allotted time you’ll have to start the application process over again. Before you begin the appealing process make sure that you prepare for it with the help of legal counsel.
When you submit an original claim for reconsideration, the SSA brings in a new team of medical consultants on the case to determine eligibility. Based on statistics, Social Security Services tend to approve about ten percent of reconsideration appeals. Therefore, if they deny your claim again, they will inform you as to why they deemed you ineligible. The next level of appeal is requesting a formal hearing where an administrative judge will hear your case and determine eligibility.
Should I Hire a Cliffside Park NJ Social Security Disability Lawyer or Go It Alone?
Your chances of receiving a denial even during reconsideration levels of an appeal are high. Hiring a disability lawyer to represent your interests in the case can very well increase the likelihood of approval. In fact, in many cases claimants have found that hiring a disability attorney to help fill out and file an initial claim will drastically increase your chances of approval.
If you’re going before a judge for a disability claim hearing, a Cliffside Park NJ Social Security disability lawyer can advocate for you. While your attorney cannot guarantee that you will receive benefits, he will be able to formulate a strong case in your favor.
During the hearing, both your disability attorney and the judge will ask you a series of questions pertaining to the state of your health, work experiences, daily activities and a host of other questions to get a sense of how your medical condition affects your life. Your disability attorney will prepare you for the hearing and make sure that the judge sees any relevant documents pertaining to your case.
Speak to a Cliffside Park NJ Disability Lawyer
At Hermann Law Group, we work hard to ensure that you obtain Social Security benefits. We understand that the quality of your life is at stake and we want you to be able to live the best life possible. Let our Cliffside Park NJ Social Security disability lawyer help you. Call us today.
