Disability claims and appeals are complex. It is vital that you consult a Fair Lawn NJ Social Security disability lawyer before you attend any disability appeal hearing. Our seasoned legal team at Hermann Law Group understands the challenges associated with the entire process. Because we understand what is at stake when dealing with disability benefits, we take our jobs very seriously. We will empower you with education to help you make better decisions. Learn more about Social Security disability benefits below.
The Five-Step Disability Analysis of Social Security
There are two types of Social Security benefits. They are:
- Social Security Disability (SSD)
- Supplemental Security Income (SSI)
The legal analysis of both types of Social Security benefits are very similar. They also both require that you prove the following five-step analysis. You:
- Cannot participate in substantial gainful activity
- Have a serious medical condition that will last 12 months or more
- Meet one of the severe symptoms associated with a condition outlined in one of Social Security’s “listings”
- Cannot engage in your past relevant work
- Cannot carry out any other form of work
The above five-step analysis also requires a complex examination of your supporting evidence, medical condition, and any applicable laws or criteria. Other factors that can impact your claim include your age, work history, education, and skill level. For example, if you are young or have substantial transferable skills, your claim may be affected. Speak to an experienced Fair Lawn NJ Social Security disability lawyer to understand how the five-step analysis applies directly to your claim.
Filing a Fair Lawn NJ Social Security Appeal
After you submit your Social Security disability application, the Social Security Administration will either grant or deny your claim. Unfortunately, the administration rejects a high number of disability claims — despite their legitimacy. If your application is denied, there is still hope. Speak with a Fair Lawn NJ Social Security disability attorney about filing an appeal.
You must file a Request for Hearing and a Disability Appeal report within 60 days of your denial. If you do not meet this deadline, you will need to start the application process over again. Promptly scheduling an appointment with a Fair Lawn NJ Social Security disability lawyer can ensure that the forms are completed and filed on time.
After filing your appeal paperwork, the Social Security Administration will refer your appeal to the Office of Disability Adjudication and Review (ODAR). You will also need to review your administration file, which can sometimes contain thousands of pages of evidence. Your Fair Lawn NJ disability lawyer will help you identify any important missing information and then properly submit it in a timely manner. Typically, Social Security handles appeals on a first-come, first-serve basis. However, some people may qualify for an on-the-record decision or an expedited hearing. Your lawyer will help you determine if you meet the requirements for a quicker hearing.
Selecting the Right Fair Lawn NJ Social Security Disability Lawyer
Hiring the right Englewood NJ Social Security disability lawyer can allow you to focus on your personal health. However, remember that not all Social Security disability lawyers are equal. Ask any potential lawyers the following questions before signing any fee agreements:
- Are you a licensed attorney?
- Are you capable of submitting any additional appeals needed?
- Do you have extensive knowledge in Social Security appeals?
- Do you fully understand my medical condition?
- Are your familiar with my Social Security hearing office and ALJ?
- How often do you speak with your clients?
- Will you personally attend my hearing?
It is vital that your hire a Fair Lawn NJ Social Security disability lawyer that you like and trust. If you are not completely comfortable with a lawyer, do not sign any fee agreements. Instead, consider obtaining a second opinion from Hermann Law Group.
Expect the Following at a Social Security Hearing
At your appeal hearing, your Fair Lawn NJ Social Security disability lawyer and the presiding judge will ask you the following types of questions:
- Details about your medical condition and symptoms
- What your daily activities are like
- Information about your education and work experience
- What is your ability to work
- Do you have any history of substance abuse
Though some of these questions may sound intrusive, it is vital that your answer them honestly. Any dishonest or evasive answer could damage your credibility to the judge, which would endanger your claim.
With so much at stake, you need to prepare for your hearing. Preparing for your hearing can include examining your medical records, evidence, or symptom diaries. If you have any questions or concerns before the hearing, consult with your Fair Lawn NJ disability lawyer.
Contact a Fair Lawn NJ Social Security Disability Lawyer
Request a consultation with a Fair Lawn NJ Social Security disability lawyer at Hermann Law Group today. We can help you through the application and appeals process.