It is disappointing when your Social Security Disability Insurance (SSDI) claim gets denied over a minor mistake, missed deadline, or missing document. But rest assured, there is still an opportunity for you to get the benefits that you require. For one, you can submit an appeal so that your claim can get the proper consideration. Read on to discover how you can submit an appeal after your SSDI claim gets denied and how a seasoned New Jersey SSDI appeals lawyer at The Law Offices of Sheryl Gandel Mazur can help you throughout the process.
How do I submit an appeal after my SSDI claim is denied?
We understand just how extensive and tedious the initial application process for SSDI benefits can be. But if your initial application gets denied, then you must put in extra work and file a reconsideration appeal. Put simply, this is a complete, second review of your initial application by someone who did not take part in its first determination so as to see if it should have been approved on its initial review.
If your claim is appealed at this stage, you should receive your SSDI benefits. But if it is denied again, then you will have to present your case in the presence of an Administrate Law Judge (ALJ). This will essentially be treated like a trial. This means that you, along with medical and vocational witnesses, will be questioned and that you will have to prepare records from doctors and hospitals. Rest assured, an attorney can work to prepare you for this.
How do I submit an appeal after my SSDI claim is denied by an ALJ?
If unfortunately, your SSDI claim is denied by an ALJ, then you will have to appeal the decision to a Social Security Appeals Council. It is important to note that you only have 60 days from the date of your ALJ denial to ask for an appeal.
It is also important to note that a Social Security Appeals Council does not have to automatically take on your appeal. Meaning, if they believe that the ALJ was correct in its decision to deny your claim, then they will deny you further appeal. So, they will only hear your appeal or send it back to an ALJ for additional review if they believe that it is necessary.
And lastly, if your claim has been denied once more by a Social Security Appeal Council, then you will have the opportunity to file a federal court appeal. This is essentially you filing a lawsuit in federal court for a Social Security Appeal Council denying your claim or its decision to not review your case in the first place.
Nonetheless, the appeals process may seem like a long road ahead of you, but it may be worth it in the end. You should not go through this alone, but instead, employ a competent New Jersey SSDI appeals lawyer today.