The Reconsideration Process in New Jersey
The first step in appealing a denial of benefits is the reconsideration process. This is a step that a number of states have eliminated altogether, but New Jersey still requires applicants to go through this process before they can request an administrative law judge hearing. In order to request a reconsideration, you must do so within 60 days from the date your initial application is denied. During the reconsideration process, 85% of the cases are denied. However, you must go through this process to take the next step.
The Administrative Law Judge Hearing
After you have completed the reconsideration process—if denied—you can request a hearing in front of an administrative law judge, or ALJ. The approval rate for this process goes up to roughly 60% and allows applicants to present their case again. During the disability hearing, you will most likely go through some of the same steps you did in your initial hearing.
Some things that may help your case include:
- Evidence of the injury (medical records)
- Records of any changes in health since the initial application
- Letters from employers or caregivers
- Testimony of a vocational expert
The Final Ruling
If you are denied benefits after the ALJ hearing, there are two more steps that you can take. These are the Appeals Council and the Federal District Court. Having an attorney during the entire process can help. It is important to know what happens at the end of the process. If you are approved for benefits, you may either be awarded partial or total disability benefits. Partial disability mean that you can still work, but you cannot perform the duties you once did and the benefits may make up for a decrease in income. Total disability means you can no longer perform any job duty and the benefits may cover lost wages, lost future earning capacity, and lost future wages.
At Levinson Axelrod, P.A., our New Jersey Social Security disability appeal lawyers know how to navigate the appeals process. We know what must be shown and how to represent clients to the best of our ability. We aim to help you secure the compensation benefits you need after an injury prevents you from working.
Ready to discuss your options? Call us at (732) 440-3089 today.
Reviews & Testimonials
*Results may vary depending on your particular facts and legal circumstances.
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I want to thank you for all of your help settling my case seamlessly and promptly with an unexpected, and speechless outcome. I'm still in a bit of shock and I'm still processing it all. After my case bounced from associate to associate, I had...- G.K.
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Celine took what I thought would be a stressful situation and turned it into a wonderfully positive experience for me and for my family. Her passion for her job, and her compassion towards her clients, is without limit. She is a fighter.
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I recently had the pleasure of working with the remarkable attorneys, Celine and Richard, at Levinson Axelrod, and I cannot recommend them highly enough! Thank you for your exceptional work and for going above and beyond to secure justice for your clien
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Thank you for your quick response and for the information. Most importantly, thank you and your team for fighting so hard for me. I am grateful to have had such a caring and diligent team representing me throughout this ordeal.
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Our Settlements & Verdicts
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
*Results may vary depending on your particular facts and legal circumstances.
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$12,500,000 Medical Malpractice Settlement
The Levinson Axelrod, P.A. team obtained a $12.5 million dollar settlement on behalf of a client who was injured due to medical malpractice.
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$8,000,000 Tractor-Trailer Jury Verdict
A 35-year-old laborer who resides in Kearny was seriously injured while working on the median of a highway when a passing tractor-trailer lost a wheel that struck him.
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$7,000,000 Personal Injury Settlement
A Middlesex County man was severely injured and burned as a result of a collision with a truck. The truck driver had lost control of his vehicle and had come through a median barrier which had failed to redirect the truck away from oncoming traffic.
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$7,000,000 Premises Liability Jury Verdict
A woman was putting her 3-year-old son on a carnival amusement ride while holding onto a portable fence when she received an electrical shock. Our client was hospitalized and later developed Traumatic Dystonia, a condition that caused tremors in the hand and makes the fingers curl.
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$6,000,000 Personal Injury Jury Verdict
A female drunk driver crashed into plaintiff’s vehicle causing multiple fractures to the right ankle and foot. Plaintiff’s doctor testified that plaintiff would be under pain management protocol for the rest of his life due to this condition.
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