You may know in your heart of hearts that you are a qualified candidate for the Social Security Disability Insurance (SSDI) benefits program. So you may be kicking yourself if one minor error within your initial application prompts the Social Security Administration (SSA) to deny your claim outright. However, you may rest easier knowing you may rectify this mistake by appealing the decision. So, with that being said, please read on to discover what to do if the SSA denies your initial SSDI benefits claim and how a seasoned New Jersey SSDI appeals lawyer at The Law Offices of Sheryl Gandel Mazur can represent you through the entirety of this, possibly extensive, process.
What should I do if the SSA denies my SSDI benefits claim?
Relatively reasonably, the SSA gives you the right to appeal the decision made on your SSDI benefits claim four separate times. Hopefully, you do not have to go through all the appeal levels before your petition for benefits is reconsidered and finally granted. Nonetheless, the four levels read as follows:
- File a reconsideration appeal: with this, you may essentially ask the SSA directly to reconsider their decision on your initial SSDI benefits application.
- Request a hearing with an administrative law judge: with this, you may prepare evidence, witnesses, and an overall case to present in front of an administrative law judge.
- Request a Social Security Appeal Council hearing: with this, you may present a similar case for SSDI benefits and appeal the decision to the Appeals Council.
- File a federal district court action: with this, you may attempt your last chance at obtaining SSDI benefits by leaving the decision to the United States district court.
Do I have the right to legal representation during my appeals process?
In addition to your right to appeal your SSDI benefits claim at four levels, you hold the right to have an experienced lawyer represent you throughout each level. Notably, your lawyer may act on your behalf throughout most of the process. Also, the SSA, judge, council, or court must send them copies of any decisions made regarding your claim or appeal status.
Overall, you will run out of chances to appeal your SSDI benefits claim eventually. What’s more, it is common, and the hope, that most appeals are won at the administrative law judge level. This is all to say that we strongly urge you to retain a legal representative from the onset of your appeals process. Or better yet, before you even file your initial SSDI benefits application, so that you may avoid the appeals process in the first place.
In conclusion, before entering the appeals arena, you must retain the services of a competent New Jersey SSDI appeals lawyer. Reach out to The Law Offices of Sheryl Gandel Mazur today.
