You may apply for Social Security Disability Insurance (SSDI) benefits as soon as you are diagnosed with a physical, mental, or emotional disability. Also knowing that there is a five-month waiting period before you can receive your first benefits check, you may work quickly to fill out and submit your initial application. But if you do this too hastily, you may make small errors that make a big difference. That is, it may cost you the Social Security Administration’s (SSA) approval. With all that being said, please follow along to find out what actions to take if your initial SSDI benefits application gets denied and how a proficient New Jersey SSDI appeals lawyer at The Law Offices of Sheryl Gandel Mazur can help you get the approval you deserve.
What should I do if my initial SSDI benefits application gets denied?
You must not feel discouraged after your initial SSDI benefits application gets denied, as there are many other opportunities for reconsideration. The first action you may take, with the help of a legal representative, is to file a reconsideration appeal to the SSA.
This is essentially a request to have your initial application reviewed by a different SSA decision-maker who may use their authority to overturn the initial decision and get you the approval you seek. Here, you may also submit additional evidence demonstrating why your initial application should not have been denied in the first place. Or, this may be evidence that the original SSA authority claimed you lacked in your initial application. No matter, you may only have 60 days from your initial denial to file this reconsideration appeal.
What steps should I take if my appeal also gets denied?
Sadly, there is still a chance that your reconsideration appeal gets denied, as well, even if you think you did everything right. Rest assured, you have not run out of options just yet. That is, your next step should be to request a hearing with an administrative law judge (ALJ). At this formal legal proceeding, you may make an argument for your current medical condition and how your disability truly limits your ability to work and maintain substantial gainful activity. The ALJ may go as far as to call on medical and vocational experts to offer their opinion on the accuracy of your claims.
While this is the most likely step where your benefits will finally be approved, you may still receive a rejection. If so, you may request a Social Security Appeal Council hearing. Here, you may present a similar argument as you made in front of the ALJ. And as a final resort, you may file a federal court appeal and have the United States district court have the final say on the matter at hand.
All of this to say, the time to act is now. Please pick up the phone or message us at The Law Offices of Sheryl Gandel Mazur. Surely, a talented New Jersey SSDI appeals lawyer on our team will be the perfect fit for your upcoming legal case.
