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Social Security Disability Archives

Social Security disability and expedited reinstatement

New Jersey residents who are approved for Social Security disability benefits will often be concerned over what happens if the benefits stop after they have earned a certain amount of money. For these claimants, there can be an inherent fear as to what they will do if they find themselves unable to work and have also seen their SSD benefits stopped because of earnings. Fortunately, there are alternatives.

What is the Social Security disability re-entitlement period?

There are many aspects of the process for which New Jersey residents get Social Security Disability (SSD) benefits for injury or illness that might be confusing. Some will impact their situation as the benefits' requirements make it necessary that certain factors be considered when they are getting or retaining their SSD benefits. For example, if a person who is getting SSD tries to get back to work, there is something called the re-entitlement period. Those who have been unable to work and needed medical care because of their injuries or illness and try to get back on the job should know about this rule.

When will the Appeals Council review after a denied claim?

When a New Jersey resident applies for Social Security disability benefits for injury, illness or a condition and the application is denied, there are four levels of appeal that can be attempted. After reconsideration and a hearing before an administrative law judge (ALJ), there is the Appeals Council followed by a lawsuit in federal court. The Appeals Council is different in that it is not obligated by law to examine a case and consider whether the decision should be changed or not. The Appeals Council will consider every case, but will deny the review if it finds that the previous decisions were just. Knowing which cases the Appeals Court will review is important.

Social Security Disability and disorganization of motor function

When New Jersey residents are suffering from a neurological disorder, it can be exceedingly problematic for them to work and function normally. This makes it necessary to consider whether they meet the benefits' requirements to get Social Security Disability (SSD). There are several factors that must be considered when filing for benefits including whether they meet the Social Security Administration's (SSA) criteria under disorganization of motor function and if they have extreme limitation. For these issues and more when seeking SSD benefits, having legal help is imperative.

Do multiple impairments impact Social Security disability?

Many New Jersey residents who are ill, injured or suffer from a condition that prevents them from working will want to get Social Security disability benefits. These benefits can provide them with financial assistance and let them get the medical treatment they need. A critical factor toward getting an approval is to meet the federal requirements to be declared disabled. There are nuances to this that applicants and their family must understand. While many people have a singular issue that will warrant benefits, a vast proportion of people who believe they are disabled do not meet these benefits' requirements, but have several impairments. Not meeting the criteria with one issue will generally warrant a denial, however multiple impairments could be combined to get an approval.

Social Security disability evidentiary requirements: key points

For New Jersey residents who are suffering from an illness, condition or disability and believe its severity warrants Social Security disability benefits, there are certain facts that should be considered before moving forward with the application. The word "evidence" is mentioned frequently, but few are fully cognizant of what it truly means. It is imperative to remember that the foundational part of getting SSD benefits is the evidence. People who do not present their evidence in full might face a denied claim even if their issues warrant benefits.

Will workers' compensation impact my Social Security disability?

When a New Jersey resident is injured and the injuries result in an inability to work, they have the right to seek Social Security disability benefits for injury. When the injury occurred on the job, they can also get workers' compensation. A common question that is asked is whether the workers' compensation benefits will have an impact on the Social Security disability benefits and if there will be a reduction in either. For this and questions like it, it is wise to have legal assistance from the start.

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.

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.

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.

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