New Jersey Social Security Disability Law Blog

When people in Newark and throughout New Jersey are seeking Social Security disability benefits for injury or illness, they might not realize that every case is different and people might be asked for a variety of evidence as part of meeting the benefits' requirements to be approved. Not every case is clear based on the evidence as it is initially presented. The Social Security Administration might want the applicant to have a consultative examination before the case can be decided upon. This is not necessarily something for the applicant to be worried about, but it is good to be aware of its details.

The SSA can ask for a consultative examination for many reasons. They include the following: if more evidence is needed because the evidence they have is not sufficient for a determination to be made; to gather more details as to the applicant's impairments; to gather information that is specialized or technical; to account for differences in the medical findings that are in the evidence the SSA has; and to resolve an issue regarding the applicant's substantial gainful activity.

When applying for Social Security disability benefits for injury, illness or mental condition, the applicant will enter the process believing that their case will be decided on its merits, and other factors will not be considered in a negative light. However, there might be a belief on the part of New Jersey residents who have had a denied claim that the Administrative Law Judge treated him or her in an unfair way that impacted the decision. Since the Social Security Administration's goal is to decide on whether the applicant meets the benefits' requirements or not, it is important to inform them when there is a perception of unfair treatment.

There should not be different treatment for an applicant due to their age, what disability they claim to have, their race, their financial status or due to any other reason. Should there be a belief that the ALJ treated an applicant unfairly, the SSA must be informed. The complaint should be filed and received by the SSA within six months of the date the action occurred or the date at which the applicant discovered the ALJ was treating them unfairly. An investigation can be conducted simultaneous to the application moving forward.

For New Jersey residents who have suffered a traumatic brain injury (TBI), the damage can go beyond the brain and impact many different areas of the body, hindering their ability to work. With the variety of problems that accompany a brain injury along with the medical expenses, the inability to work should be accounted for by applying for Social Security disability benefits for injury. With TBI, knowing how the Social Security Administration evaluates it and what criteria must be met to be granted benefits is integral to a case.

A TBI occurs when there is brain damage either from penetration by an object going into the skull and contacting brain tissue, an external impact with closed head injury, or from a skull fracture. To make its decision, the SSA will need to receive evidence from a minimum of three months after the incident to determine if there is disorganization of motor function or to gauge how much the injury has affected mental and physical functioning. For some, the determination can be made within three months. Should that not be the case, then it will be deferred until evidence is available a minimum of three months after. The deferment can be extended to at least six months until it is possible for the SSA to decide.

People in New Jersey who are experiencing mental issues and are seeking Social Security disability benefits should be aware of the evidence that is needed for the Social Security Administration to make its decision. The SSA will seek that evidence from various sources when conducting its evaluation. That will include medical evidence, evidence from people who know the applicant, and evidence from school or work. Regarding school or work, it is important to understand what the SSA will request so all the applicable evidence is provided.

For school, the person could be a past attendee or still be attending. He or he might have gotten or is still getting special education. If the person falls into this category, the SSA will seek information as to how the mental illness is affecting the person's functional ability. This can include the progress from therapy, evaluation reports, information coming from teachers as to how the person is able to function in the classroom, information about how the person might need certain accommodations or special services to function and anything else that might be relevant.