Many people who have applied for disability benefits will tell you that proving you have a debilitating condition is oftentimes the most challenging part of the process. That’s because the burden of proof is on the applicant to prove that they can no longer do any substantial or gainful activity. If the Social Security Administration disagrees with a person’s assessment of their own situation, their application can be denied, thus denying them from accessing their benefits.
Far too often, claims are denied solely on the fact that an applicant has difficulty effectively explaining their condition and how it is impacting their lives. As we have said before on our blog, even small mistakes, such as forgetting to give detailed information about your daily life and how your condition is impacting it, can result in a denied claim.
If an applicant knows, though, that they are suffering from a disability and that they need federal benefits to maintain financial stability, then filing an appeal becomes a necessity. As some of our more frequent readers know, filing an appeal is not an easy task, oftentimes requiring help from a lawyer who has considerable experience with Social Security rules and laws. But it is not only possible to file an appeal in New Jersey, it may even be successful if you seek counsel from the right attorney.
It’s very important to point out that the need for an appeal may not rest solely on the applicants shoulders. The Social Security Administration has been known to deny cases prematurely, claiming that the applicant failed in their duty when in actuality, the applicant did nothing wrong. In some cases, an appeal is necessary because the Administration failed to give a proper explanation for why they denied a claim, which is required by law.
Whatever reason sparks the need for an appeal, know that you do have the right to an attorney and should enforce that right. A lawyer is oftentimes more equipped to handle an appeal successfully because they know the law inside and out and are well-versed in the legal process you need to navigate.