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New Jersey Social Security Disability Law Blog

Do you have a valid disability claim because you have arthritis?

New Jersey readers know there are specific types of medical conditions that could prevent them from working. When a person's physical injury, mental illness or medical condition keeps him or her from earning a living, it could be grounds for a disability claim. This is the case for many people living with serious cases of arthritis.

Arthritis is a painful condition that can limit mobility and cause a person a significant amount of pain. You know there are many who are able to live and work as normal with this type of illness, but that may not be the case for you. Depending on the type of arthritis you have, it may be physically impossible for you work and support yourself.

Can past employers give evidence for mental illness disability?

New Jersey residents who are seeking Social Security Disability benefits for mental conditions will try to accrue as much useful evidence as they possibly can to show the Social Security Administration (SSA) that their issues are of sufficient severity to warrant benefits. Obviously, medical sources and those who know the claimant well, such as family members and friends, can provide that evidence. However, there are other sources that might be beneficial to the case. Past employers could be used in certain instances. But, it is important to know when a past employer's testimony can be utilized.

The SSA will contact the person's former employer when the team making the decision thinks it is required and the employer can give information that can assist in making an informed and fair decision. For claimants who have become isolated and for whom there is a limit to where evidence can be acquired, it could be important to contact a past employer or employers. The person's former immediate supervisor is the preferred source of the information.

Late filing for reconsideration after a denied claim for SSD

When a New Jersey resident has injuries, an illness or condition that prevents them from working and they need Social Security Disability (SSD) benefits, there is a chance that there will be a denied claim after the initial application. That is not unusual. Many people apply for SSD benefits and are denied, only to be approved when they file an appeal.

However, it is important to remember there are time constraints to filing an appeal. If the applicant fails to adhere to these, it could be problematic for appealing and the person might need to start the entire process all over again. This is time consuming in situations where the inability to work is real and the person needs the Social Security Disability benefits for injury, illness or condition as soon as possible.

Social Security Disability, SGA and injury severity for benefits

When a New Jersey resident is applying for Social Security Disability (SSD) benefits, part of the process is the sequential evaluation. This is when the Social Security Administration (SSA) will assess the claim based on certain criteria and determine if the applicant can perform substantial gainful activity (SGA). Should there be a point where the SSA finds that the applicant's SSD benefits for injury application does not meet the necessary criteria, there will be a denied claim.

Knowing when an impairment is defined as severe is important, but so too is it wise to understand the definition of a not severe impairment. Even if there is a finding that the injury is not of sufficient severity, there are steps a person can take and keep trying to get approved.

Key points about appealing after a denied claim for SSD benefits

New Jersey residents who are seeking Social Security Disability (SSD) benefits for injury or illness will likely understand that they have the right to file an appeal after they have faced the challenge of a denied claim. There are four levels of appeal, including reconsideration, hearing, Appeals Council review and federal court. These are relatively simple to understand. But, there are other aspects that a person should bear in mind when they have been denied and believe their issues still warrant benefits. That includes knowing when to appeal, how to appeal and that there is a right to have representation.

Getting help with SSD benefits for Parkinson's disease

New Jersey residents who are suffering from a debilitating illness or condition and are unable to work will have the right to seek Social Security disability benefits. Understanding the process and what proof is necessary to be classified as disabled by the Social Security Administration often differs based on what the medical issue is. One that should be understood as it is prominent and can leave a person with serious medical problems is Parkinson's disease. Having legal assistance from a law firm that has a deep understanding of this and how to get SSD is critical.

Parkinson's disease impacts a person's movement and muscular control. It can range from moderate to severe and hinder the person's ability to do various tasks. Parkinson's emanates from nerve cells failing to work as they should. Subsequently, these nerves will not transmit the signals from the brain to the muscles efficiently and this will constrain movement. Some of the symptoms for this include stiffness in the limbs, slow movement, difficulty with balance and coordination, and trembling.

Seeking disability benefits for fibromyalgia

Qualifying for Social Security Disability Insurance is not easy. The Social Security Administration carefully guards against fraudulent applications, which means you must undergo a rigorous screening process to prove you are eligible for the benefits. If you are suffering from a debilitating condition, this may seem like an overwhelming task.

In fact, you may have had a similarly overwhelming experience in trying to convince your doctor that something was wrong with you. The pain and other symptoms may have come on like fire throughout your body or progressed gradually with fatigue, pain and sleep disturbances. After many tests, prescriptions and specialists, you finally received the diagnosis of fibromyalgia. Now, you want to make the most of your efforts to obtain the disability benefits you need.

Social Security Disability and criminal issues

New Jersey residents who have been in trouble with the law might think they are suddenly ineligible to get Social Security Disability (SSD) benefits because of it. That is not always the case. There are situations in which federal requirements make it necessary that they deal with certain issues before they get their SSD benefits, but if they meet the benefits' requirements, they can receive SSD. Knowing what must be reported to the Social Security Administration (SSA) in these circumstances is essential to a case.

If a person is subject to an outstanding warrant for his or her arrest, the SSA must know about it in the following situations and if it is a felony: taking flight to avoid being prosecuted or confined; escaping from custody; and a flight-escape. People who fall into this category cannot get disability payments or underpayments they are owed for a month in which the outstanding warrant is in effect.

Are earnings important with Social Security disability benefits?

New Jersey residents who are injured or ill to the degree that they need Social Security disability benefits but are still working should understand substantial gainful activity (SGA) in multiple ways. When the person is still earning money by working, the SGA will be important in their case as it can impact their claim. Understanding the importance of earnings and how it will affect the benefits' requirements is key to a case.

When a person claims to be disabled and is working, the amount earned can be used to establish that he or she can do SGA. If the earnings are sufficiently low or there are none in the time-period in which the person is working, it does not establish that the person cannot perform SGA. The circumstances where the work is done will be factored in. For a person who is forced to stop working due to the impairment after a time-frame that is labeled as "short" (fewer than six months), the earnings will not automatically be classified as the person being able to perform SGA.

Mental illness and situational evidence requirements for SSD

Suffering from mental illness whether it is depression, bipolar, obsessive compulsive disorder or any other issue can make it difficult if not outright impossible to hold a job. For New Jersey residents who are dealing with one or more of these issues, Social Security disability for mental conditions can be integral to their survival and treatment. However, getting the benefits means meeting certain requirements and not all are easily understood. When the Social Security Administration assesses a claim for SSD benefits, it will want certain evidence. Included is how the applicant functions in unfamiliar or supportive situations.

Situations are key to assessing an applicant when he or she seeks SSD benefits for mental issues. With unfamiliar situations, the SSA understands that the person's ability to function will not automatically indicate how they will function when working regularly. The way a person functions can differ based on whether it an individual circumstance, if it is time-constrained, or in any other unusual situation. The functioning can differ when compared to familiar situations. When it is an unfamiliar situation, the person might experience more or fewer limitations than they normally do.

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  • Toll Free: 877-892-0197
  • Fax: 973-364-1348
  • Phone: 973-200-6629
  • Toll Free: 877-892-0197
  • Phone: 609-207-7905