SSD Appeals Attorney in Newark, New Jersey

Essex County, NJ Social Security Disability Appeals Lawyer

A negative decision on a Social Security Disability (SSD) claim is not the end of the story. The law allows claimants who are denied SSD benefits to appeal the decision. Because 70 percent of initial benefit claims are denied, appeals are very common. Having a knowledgeable and experienced SSD lawyer to help you during your appeal greatly improves your chances of reversing a negative decision.

At the Essex County law firm of Silverman & Roedel, LLC, attorneys David Silverman and Pamela Roedel handle SSD appeals at all levels. We not only understand the appeals process, but we also know how to address and correct problems with the initial claim. To learn more, call us at 973-772-6411 or contact us online. Find out how we can help with your SSD appeal.

Five Common Reasons for an SSD Denial

Although there are many reasons to deny an initial claim for Social Security Disability benefits, most denied claims fall into these categories:

  1. Insufficient medical evidence: Your claim does not show how the disability affects your ability to work. Even if your physician documents the diagnosis, the link between the diagnosis and your inability to continue working must be very clear.
  2. Previous application: Some people think that it is better to begin the application process again rather than follow through with an appeal. However, this approach often leads to a second denial. The claims reviewer will see that the issues were not resolved through an appeal and simply deny the claim again.
  3. Earnings over the limit: If you work and earn more than a set amount ($1,170 in 2017), your claim will be denied because you have shown that you are able to perform “substantial gainful” work.
  4. Not following your doctor’s treatment plan: If you do not follow the medical treatment plan prescribed by your doctor, the SSD reviewer will not be able to determine whether you are able to work. You must show that you followed the treatment plan and were still unable to work.
  5. Not cooperating with the Social Security Office reviewing your claim: If you do not supply requested information, or if you fail to appear at required medical appointments, the reviewer has every reason to deny the claim.

The Disability Appeals Process After a Denial

There are four levels of appeal, listed below. Most cases are resolved at the first two levels. However, SSD applicants have additional options:

  • Reconsideration: Reconsideration is an in-office review of your initial application by a different review team. There is usually no need for the applicant to appear because the review is based on the information already submitted.
  • Hearing: An administrative law judge will review your case. Judges may ask for more information in advance of the hearing. You and your legal representative or advocate should attend the hearing.
  • Appeals Council Review: The Social Security Appeals Council will review your case, including the previous denials at the reconsideration and hearing levels.
  • Federal Court: If you disagree with the Appeals Council determination, you may file a civil lawsuit in federal court.

Contact Our Passaic, New Jersey Lawyers About a Social Security Disability Appeal

If your initial SSD claim was denied, our Clifton, NJ attorneys can help with your appeal. We represent clients throughout northern New Jersey, including East Orange, Bloomfield, Irvington, Garfield, Paterson, and West Milford, NJ. To learn more, call Silverman & Roedel, LLC at 973-772-6411 or contact us online. The law allows disabled workers to have a lawyer or advocate during the SSD claims and appeals process. Learn why claimants with attorneys have better outcomes during the appeals process.

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