Helping You Receive The SSDI Benefits You Need And Deserve

What if I believe my denied claim was due to unfair treatment?

On Behalf of | Sep 20, 2018 | Social Security Disability |

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.

The complaint can either be in writing or the SSA can be told and they will write it. Personal details and information must be given; the person who committed the unfair treatment must be identified; the date when it happened must be provided; a description of how it was unfair should be given; and if there were witnesses to the unfair treatment, they must be named. This is not connected to a decision with which the applicant disagrees with. A denied claim does not always mean that the ALJ was being unfair.

Being treated unfairly does not need to be accepted without protest. A person who has injuries, an illness or a condition that they believe warrant Social Security disability benefits deserves to have a fair hearing and be treated in an evenhanded manner by the ALJ. If there is a belief that this has not happened, applicants may want to file a complaint with the SSA. If an applicant meets all the necessary requirements, he or she may be approved for Social Security disability benefits.

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