New Jersey Social Security Disability Rights
Understanding SSD & SSI:
New Jersey Social Security Disability or SSI
Disability is controlled by the federal government like all other
states. Under the federal Social Security Disability Act,
"disability" means the "inability to engage in any substantial gainful
activity by reason of any medically determinable physician or mental
impairment which can be expected to last for a continuous period of not
less than 12 months or result in death."
New Jersey Social
Security Disability Benefits (SSD)
Social Security Disability Benefits or SSD are paid to individuals who
have worked in the recent years. Usually you have to work 5 out of the
last 10 years. For individuals under 31 years old, the requirements are a
little different since they have not been in the work force as long.
SSI Disability Benefits (SSI)
SSI Disability or Supplemental Security Income benefits are paid to individuals who
are poor and disabled whether or not the individual has worked in the
past. SSI child's disability benefits are paid to children who are under
18 years old, are disabled and the parents or guardian are poor.
You should file as soon as it is determined that you
will not be able to work during the next 12 months or your condition is
expected to lead to death. However Social Security is not a short term
disability. Therefore if you have an accident where you cannot work for
several days or even a few months, you will not be entitled to Social
Security Disability benefits.
How much Social Security Disability or SSi benefits an
individual will get depends on how much that individual worked in the past
and earned during that time or in the case of SSi it depends on the
individual's claim circumstances . For disabled widow's, it depends on how
much the spouse earned and for a disabled child, it depends on how much
the parent earned.
New Jersey Stages of the Social Security Disability Claims Process:
Do not be surprised if you are denied at the initial stage
(good reason why it is wise to have an attorney). Only about 40% of the
claims are approved at that stage. The next stage, Reconsideration, about
20% of the individuals win at that stage. The last stage, the Hearing
stage is where the individual actually has a hearing in front of an
Administrative Law Judge. The hearing is informal with only the judge, his
secretary and often times the judge will have a vocational expert present
to testify as to what jobs the individual can perform.
Having an attorney makes good sense:
No fee is collected if you're social security disability
claim is not won, and fees are only collected on the back end. Lawyers
receive 25% of the back benefits up to a certain amount which has been set
- Statistically claimants that are represented by an attorney
are much more likely to win their claim.
- An experienced attorney knows what proof social security
and ssi disability system requires
- Using legal help eliminates both the necessity of waiting
in long government lines and the chance that a government clerks
incorrect notation on your condition jeopardizing your claim.
- All aspects of your case including complicated paper work
will be handled professionally.
Statistically individuals who have representation of an
attorney for their New Jersey Social Security Disability or SSi Disability Claim win
more often than those who are not represented. Therefore it would be wise
to consult with an attorney to have the best chance of a successful claim.
New Jersey Social Security Disability and SSI
Disability Attorney Request Form...Click Here.
What to Expect:
The hardest part of the whole claims process is being
patient. Once you request a Social Security Disability or SSi Disability
Claims hearing, it may take up to one year to actually have a hearing and
then another 3 to 6 months to get a decision.
What we do for you in New Jersey:
Your Social Security Disability or SSi Disability Claim
will be handled at any stage in the process including application and
appeals. Remember, there are no fees unless you win your case and you
Provide you with a thorough evaluation of your Social Security
Disability or SSI claim
Obtain from Social Security the benefit amount you can expect to collect
Act as your liaison with the Social Security Administration
Help you complete and process all paperwork and applications for your
Investigate all medical documentation and obtain additional reports for
your Social Security Disability or SSI Disability Claim
Prepare you for any Social Security required hearings
Make sure you receive all the Social Security Disability and/or SSI
Disability benefits you are entitled to.
You should speak to a lawyer to address any specific questions about
your particular New Jersey social security disability or SSI Disability