Social Security Disability

Experienced New Jersey Social Security Disability Law Firm

If you are disabled and unable to work, you may be eligible for Social Security Disability (SSD) benefits. SSD benefits can provide much-needed financial relief for individuals whose disability prevents them from working.

However, the process of applying for SSD benefits can be complex and confusing. The Social Security Administration (SSA) denies a large majority of initial applications for benefits. That’s why it’s important to have an experienced SSD attorney on your side who can help you navigate the process and give you the best chance of getting the benefits you need and deserve.

At Garces, Grabler & LeBrocq, our New Jersey SSD lawyers have more than 50 years of experience helping disabled individuals get the benefits they need. We understand the ins and outs of the SSD claims process, and we know what it takes to win.

We’re here to help you every step of the way, from the initial application to the appeals process, if necessary. Contact us today for a free consultation.

WHY DO I NEED AN ATTORNEY FOR A SOCIAL SECURITY DISABILITY CLAIM?

The Social Security disability application and appeals process can be complicated and confusing, especially for first-time applicants. An experienced New Jersey Social Security disability lawyer can help you navigate the system and give you the best chance of winning your claim.

Our attorneys have a deep understanding of the Social Security disability program and know what it takes to build a successful claim. We can help you gather the necessary medical evidence and fill out the required paperwork correctly. We will also be there to represent you at every stage of the process, including any hearings that may be required.

If you are considering applying for Social Security disability benefits, or if your claim has already been denied, contact us today for a free consultation. We can help you understand your rights and options, and we will fight to get you the benefits you need and deserve.

Our firm can assist you in the following ways

PREPARATION

One of the main reasons that SSD benefits claims are denied is because the applicant was unprepared. If you want to increase your chances of having your claim approved, it's important to make sure that you're thoroughly prepared.

Our New Jersey Social Security disability benefits lawyers will work with you to make sure that your claim meets all the SSA's standards. We'll help you to gather all the necessary documentation and evidence, and make sure that your claim is as strong as possible.

Don't let yourself be caught unprepared - contact our office today to learn more about how we can help you with your SSD benefits claim.

KNOWLEDGE AND EXPERIENCE

As experienced attorneys, we are familiar with the law and the many requirements of the Social Security Disability process. Through years of experience, we know how to build a strong, complete, and accurate claim that could help improve your chances of recovering the benefits you need.

We understand that the Social Security Disability process can be confusing and overwhelming. We will take the time to explain the process to you and help you understand what you need to do to give yourself the best chance at a successful claim.

You should not have to go through this process alone. Let us put our knowledge and experience to work for you.

MAKING SURE YOUR BENEFITS ARE ACCURATE

If you are approved for Social Security disability benefits, our lawyers will review the details of your claim to make sure that the amount you are receiving accurately reflects your disability. We want to make sure that you get the full number of benefits to which you are entitled so that you can focus on your recovery. Contact us today to learn more about how we can help you.

HELPING YOU APPEAL A DENIED CLAIM

If your SSD claim is denied, our New Jersey Social Security disability benefits lawyers will promptly file an appeal. We have a thorough understanding of the SSA’s appeals process and will guide you through every step.

We understand how important these benefits are to you and your family, and we will work tirelessly to help you get the benefits you deserve. Contact us today for a free consultation to discuss your case.

WHAT SOCIAL SECURITY DISABILITY BENEFITS ARE AVAILABLE?

Two federal programs provide benefits to disabled individuals who cannot work because of a disabling condition:

• Social Security Disability Insurance (SSDI)
• Supplemental Security Income (SSI)

SSDI is a social insurance program that provides monthly cash benefits to workers who have become disabled and are unable to work. To qualify for SSDI, workers must have paid into the Social Security system through their payroll taxes.

SSI is a needs-based program that provides monthly cash benefits to disabled individuals who have limited income and resources. To qualify for SSI, disabled individuals must meet certain financial criteria.

Both SSDI and SSI benefits are available to disabled individuals who meet the Social Security Administration's definition of disability. To be considered disabled by the SSA, an individual must have a physical or mental condition that is expected to last for at least one year or result in death, and that prevents him or her from working in any capacity.

Individuals who are approved for SSDI or SSI benefits will receive monthly cash payments that can be used to cover the costs of basic needs such as housing, food, and clothing. In addition, disabled individuals who are approved for SSDI benefits may also be eligible for Medicare coverage.

SOCIAL SECURITY DISABILITY INSURANCE (SSDI)

If you become disabled and are unable to work, you may be eligible for Social Security Disability Insurance (SSDI). To qualify for SSDI, you must have earned enough work credits. Work credits are based on your earnings and are used to determine whether you meet the Social Security Administration's (SSA) definition of "disability."

The number of work credits you need to qualify for SSDI depends on your age when you become disabled. If you become disabled at a young age, you may need fewer credits. The SSA uses a different disability definition for children under the age of 18.

To earn a work credit, you must have $1,300 in earnings. You can earn up to four credits per year. As of 2017, one credit is equal to $1,300 in wages.

In most cases, you need 40 work credits, 20 of which must have been earned in the 10 years immediately before you became disabled. However, the number of credits you need will vary depending on your age when you first became disabled.

SUPPLEMENTAL SECURITY INCOME (SSI)

Supplemental Security Income (SSI) is a federal monthly financial support program designed for applicants who are disabled but do not meet the work requirements to receive SSDI benefits.

To qualify for SSI benefits, you must have little or no income and few available resources.

The value of your total assets, which includes everything you own, must be less than $2,000 if you are single, or less than $3,000 for married couples living together. However, the SSA will not count certain types of resources when determining your eligibility for SSI benefits.

These exempt resources include:

• Your home and the land it’s on
• One car
• Personal belongings
• Some types of life insurance
• Some retirement accounts

DOES MY DISABILITY QUALIFY ME TO RECEIVE SOCIAL SECURITY DISABILITY BENEFITS?

If you have a disability that prevents you from working, you may be wondering if you qualify for Social Security disability benefits. To be eligible for benefits, you must meet certain requirements set by the Social Security Administration (SSA).

First, you must have worked in jobs covered by Social Security for a certain period. Second, you must have a medical condition that meets the SSA’s definition of disability.

To be considered disabled by the SSA, your medical condition must be expected to last for at least one year or result in death. Additionally, your condition must prevent you from doing the work you did before and from adjusting to other work.

If you meet the above requirements and your disability is listed in the SSA’s blue book of impairments, you are likely to be approved for benefits.

INFORMATION YOU WILL NEED TO APPLY FOR DISABILITY BENEFITS

Before you begin your application for disability benefits, you should gather all the necessary information to ensure your claim is complete.

This includes:

• Your Social Security number
• The names, addresses, phone numbers, and dates of birth of any dependent children
• Proof of U.S. citizenship or lawful alien status (if you are not a U.S. citizen)
• Your birth certificate or other proof of age
• Your military discharge papers (DD-214) if you served in the armed forces and are applying for Veterans Affairs benefits as well
• Medical records from your doctors, hospitals, clinics, and institutions where you have been treated (be sure to include dates of treatment)
• Laboratory and test results
• Medicine names and dosages
• The names and dates of any surgeries you have had
• A list of the places you have worked at and the dates you worked there (you will need to provide information about your recent work history)
• Your W-2 forms or your self-employment tax return for the past year
• Your most recent bank statement
• Proof of any other income you receive, such as worker's compensation, black lung benefits, or pensions
• An estimate of any future medical expenses you may have

Your application for disability benefits can be completed online, by phone, or in person at your local Social Security office. You can find the nearest location by visiting the Social Security Administration website. When you begin your application, you will be asked a series of questions about your work history, medical conditions, and current situation.

Be sure to answer these questions as accurately and thoroughly as possible. Once you have submitted your application, a disability examiner will review your case and decide about your eligibility for benefits. If you are approved for benefits, you will begin receiving payments every month.

HOW DO I APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS?

There are several ways to apply for Social Security disability benefits. You can:

• Apply online
• Call our national toll-free service
• Visit your local Social Security office.

If you decide to apply online, you can:

• Create or sign in to your My Social Security account
• Complete the application for Disability Benefits.

APPLYING ONLINE

If you're applying for SSD benefits, you can do so online. The SSA will assign you an application number when you first apply. Be sure to remember this number so you can access the application later or track its status.

To complete the application process, you'll need to:

• Review the Adult Disability Checklist to gather the necessary information.
• Fill out and submit the Disability Benefit Application.
• Complete the Medical Release Form.

If you're applying on behalf of a disabled child, you can complete a Child Disability Report on his or her behalf.

APPLYING IN-PERSON

If you prefer, you can apply for Social Security benefits in person at your local SSA field office. You will need to make an appointment by calling 800-772-1213 before filing a claim in-person.

At your appointment, you will need to provide proof of your identity, as well as documents showing your work history (such as pay stubs or W-2 forms). You will also need to fill out an application for benefits.

If you are approved for benefits, you will typically begin receiving them within a few weeks. If you have any questions about the process, please contact your local SSA office.

APPLYING OVER THE TELEPHONE

If you are unable to access the SSA’s online application or travel to your local field office, you can apply for your Social Security benefits by calling 800-772-1213. If you are deaf or hearing impaired, call TTY 1-800-325-0778.

When you call, you will need to have the following information ready:

• Your Social Security number
• Your birth date
• Your contact information, including your phone number and address
• The names, addresses, dates of birth, and Social Security numbers of your spouse and minor children, if applicable
• Information about your work history for the past 18 months, including the name and address of each employer and your start and stop dates for each job
• Your bank or credit union routing transit number and account number, if you want your benefits deposited directly into your account
• A copy of your most recent earnings statement (W-2 form) or, if you are self-employed, your tax return for last year
• Your medical information if you are applying for disability benefits

The SSA will use the information you provide to process your application and determine your eligibility for benefits. Once your application has been processed, you will receive a notice in the mail with information about your benefits.

APPEALING A DENIED SOCIAL SECURITY DISABILITY CLAIM

If your application for Social Security disability benefits was denied, you have the right to appeal the decision. However, the appeals process can be complicated to navigate on your own.

An experienced New Jersey Social Security disability benefits lawyer can help you navigate the appeals process and give you the best chance of overturning the denial of your claim.

There are four levels of appeals:

• Reconsideration - This is the first level of appeal. You can request a reconsideration of your claim if you believe that the SSA made a mistake in its initial decision.
• Hearing by an Administrative Law Judge - If your reconsideration is denied, you can request a hearing before an administrative law judge. This is the second level of appeal.
• Appeals Council Review - If you are still denied benefits after a hearing before an administrative law judge, you can request a review by the SSA’s Appeals Council. This is the third level of appeal.
• Federal Court Review - If the Appeals Council denies your request for review or if they decide not to review your case, you can file a lawsuit in federal district court. This is the fourth and final level of appeal.

You have 60 days from the date you receive the SSA’s initial denial of your claim to file an appeal. If you miss this deadline, you may be able to get an extension, but it is best to file your appeal as soon as possible.

The appeals process can be long and complicated, but an experienced New Jersey Social Security disability benefits lawyer can help you through every step of the process. Contact a qualified attorney today for more information.

How Long Will My Case Take?

The social security disability process can be long and complicated. It is important to understand that there is no one-size-fits-all answer to the question of how long your case will take. The length of time it takes to resolve a case depends on many factors, including the severity of your condition, the availability of medical evidence, and the backlog of cases at the Social Security Administration (SSA).

According to the SSA, the average wait time for a decision on a disability claim is about three and a half months. However, this is just an average, and some claimants will receive a decision much sooner while others may have to wait much longer. In general, more complex cases or those with incomplete medical evidence may take longer to resolve.

If you have been waiting for a decision on your claim for more than three months, you may want to consider contacting your congressional representative to ask for help in getting your case moving through the system.

How Much Will My Social Security Disability Case Cost?

The cost of a Social Security Disability (SSD) claim can vary depending on several factors. Generally, the earlier in the claims process you are, the less it will cost. However, if your case is complex or goes to a hearing, the costs can increase.

Some of the potential costs you may incur include:

• Attorney fees: If you hire an attorney to help with your claim, they will likely charge a contingency fee. This means they will only get paid if you are awarded benefits. The contingency fee is typically a percentage of your back pay and future benefits and is capped at 25%.
• Medical records: You will need to provide copies of your medical records to the Social Security Administration (SSA). The cost of obtaining these records can vary depending on your provider but is typically around $30-$50 per record.
• Expert witnesses: If your claim goes to a hearing, you may need to hire expert witnesses to testify on your behalf. The cost of an expert witness can vary but is typically several hundred dollars per hour.
• Travel expenses: If you must travel for a hearing or to meet with your attorney, the cost of travel can add up.

In some cases, the SSA may agree to pay for certain costs associated with your claim. For example, they may reimburse you for the cost of obtaining medical records or expert witnesses. Overall, the cost of an SSD claim can vary depending on the individual circumstances. However, if you are awarded benefits, most of your back pay and future benefits will go to paying for these costs.

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