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Applications and Appeals Process

Initial Application:   The first step is to apply for Social Security Disability benefits. This may be accomplished by calling Social Security's national 800 number (1-800-772-1213). Approximately 50 percent of all applications are turned down. If your claim is denied, the deadline for filing an appeal (Request for Reconsideration) is 60 days from receipt of the denial. Be sure to appeal on time. Do not simply start a new application, as this will result in lost benefits.

Reconsideration:   Reconsideration is a review by a different person than the one who issued the initial determination. If the claim is denied at the reconsideration level, again the appeal period is 60 days. The appeal is known as a Request for Hearing.

Hearing:   The third level is a Hearing before an Administrative Law Judge. You will have the opportunity to appear in person and speak to the individual (the judge) who will be deciding your case. The hearings are held in Pennsauken, New Jersey, for claimants who live in Gloucester County, Camden County, Burlington County, Cumberland County, Salem County, Atlantic County, and Cape May County. Most favorable decisions are made at the hearing level. Therefore, this is the best chance for you to win your case.

Appeals Council:   The Appeals Council reviews the hearing decision. It might agree with the hearing decision; it may reverse the judge's decision and grant the claim; or it may send the case back to the judge for further review.

Federal Court:   If you disagree with the Appeals Council's decision, you may file a lawsuit in a federal district court.

If you live in the following South Jersey counties, please call for a free consultation: Gloucester County, Camden County, Burlington County, Cumberland County, Salem County, Ocean County, Atlantic County and Cape May County. Call (856) 513-6362.

 

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Tip of the Day

If you are having symptoms of anxiety or depression along with your physical condition, be sure to tell your doctor. It's important to have mental issues documented and to get the treatment you need.

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Here's an insightful article written by my friend, Miriam Gilbert. These practical tips could apply to other illnesses as well as cancer.

I am pleased to report that the wait times for hearings at our South Jersey Hearing Office continue to improve. The most recent hearings that have be scheduled took 14 months to get there (from the time of the Request for Hearing). This may seem like a long time, but two years ago it was taking up to 26 months!

Ali Stroker, the first wheelchair user on Broadway won a Tony for best featured actress in a musical. She played Ado Annie in "Oklahoma." Other actors have appeared in wheelchairs on the Broadway stage, but not because they needed them. Stroker accepted her award for all children who are faced with a disability, limitation or challenge. Yay, Ali! https://www.huffpost.com/entry/ali-stroker-2019-tony-award-history_n_5cfdb09be4b02ee347790c29

Address:
   
   4151 Route 42 

  Turnersville, NJ 08012
   Call us: 856-513-6362

   Fax: 856-513-6382

   Email us:
   brackin@njdisabilitylaw.com

 

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