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Social Security Disability Lawsuit

scale of justice on tableNJ disability benefits lawyers serving Passaic, Middlesex, Morris, Essex, Hudson, Bergen County and beyond.

If you are among those who need federally-provided benefits due to a serious physical or mental condition that prevents you from working as you once did, you may be searching for a Social Security Disability lawyer New Jersey residents have long trusted to provide critical assistance. The process of securing disability benefits in New Jersey has become more difficult in recent years, and obtaining the help of a team of seasoned attorneys can often make the difference between a successful application and a frighteningly uncertain future.

At Eisbrouch Marsh, we are committed to helping the disabled across New Jersey navigate the often-confusing bureaucratic maze that can stand between their families and the financial resources necessary to sustain them. Our NJ labor law attorneys are committed to providing the advocacy required for a speedy, favorable outcome in your disability case.

Social Security Disability benefits in New Jersey

Among the largest financial assistance programs offered by the federal government, the Social Security Disability Insurance (SSDI) program is designed to pay financial benefits to those suffering from mental or physical disabilities and who have also worked a sufficient amount of time and paid social security taxes.

It is important to note that SSDI claims are only for those with full disability that is expected to be long-term. It is not intended to cover those whose disability is partial in nature or anticipated to be short-lived. Those facing temporary disability must turn to other financial resources, including insurance, workers compensation payments, personal investments or savings in order to meet everyday obligations.

Disability defined

According to the Social Security Administration, disability for purposes of SSDI means:

  • You are unable to continue in the type of work performed prior to developing your condition
  • You are unable to switch to a different type of work due to your condition
  • Your particular disability is projected to last no less than one year or ultimately cause your death

Meeting the above criteria, however, is insufficient to qualify for SSDI benefits. You also need to have a history of contributing into the system by way of paying Social Security taxes in previous years.

In broad terms, you will need to have accumulated 40 so-called “work credits” in order to be eligible for benefits, and 20 of those credits must have been earned in the preceding decade. However, younger workers may actually be eligible for benefits with fewer such credits.

For the year 2014, a single work credit will have been earned for each $1,200 of wages or income earned through self-employment, with an annual cap of four credits. It is important to note that benefits eligibility is sometimes extended in seemingly unconventional circumstances, such as when a homemaker is awarded compensation based on a spouse’s employment, making the advice of a seasoned New Jersey SSDI lawyer invaluable to those with unusual situations.

Compensation for disabled New Jersey workers

An SSDI claimant’s compensation award will depend significantly upon his or her earnings during the time they were working. Those considering filing for these benefits should know that the funds provided generally replace less than 50% of a disabled individual’s prior earnings, despite the fact that most recipients rely entirely on these payments for their survival.

Beneficiaries of this program are able to receive benefits until they are able to resume work or they reach the age of retirement. If the latter occurs, traditional Social Security payments will commence.

Medicare enrollment is automatic once SSDI benefits have been paid for two consecutive years. No matter your background or the type of work you performed prior to your disability, the SSDI attorneys of Eisbrouch Marsh are committed to fighting for every dollar of benefits to which you are entitled.

The process of obtaining SSDI benefits

If you are suffering from a physical or mental disability that is keeping you from the work you once performed, you need to understand that the process of obtaining SSDI benefits can be lengthy and cumbersome. For that reason, it pays to secure the aid of a skilled team of New Jersey disability attorneys sooner rather than later.

The process of obtaining SSDI benefits typically involves four key stages:

  • First, an initial claim must be filed with a local Social Security branch office. Multiple months will pass before you will likely receive a letter denying your claim. This is the time to either abandon your claim, file a new claim or appeal the denial, provided you do so within 60 days.
  • Second, a claimant who decides to appeal will request reconsideration within the aforementioned 60-day window. Many months later, another denial letter is likely to appear. The same options as existed after the initial denial will be available once more.
  • Third, a determined claimant will need to file a formal request for a hearing within 60 days of the second denial. An appearance before a designated Administrative Law Judge will be necessary, though the hearing date is likely to be many months or even more than a year from the date of the request. Once you receive a notice of hearing informing you that your case will be heard in roughly 20-30 days, it is vital that you engage the services of an experienced SSDI lawyer with a track record of success in this specific arena. Claimants who have persevered to this stage and enlisted professional guidance stand a strong chance of prevailing, provided their arguments have merit.
  • Finally, weeks or months following the hearing, the Administrative Law Judge will issue his or her ruling on the claim. If you have succeeded, you will receive a notice of your award from the Social Security Administration, which may include a substantial amount of back pay.

A seasoned SSDI attorney will be able to use medical records and other evidence to advocate for you to receive an advantageous “date of onset” for your disability. This will cause you to receive maximum compensation on your claim. If your claim fails at the final stage, it is possible to proceed to the Appeals Council as a last resort, though most individuals will simply initiate a new claim, starting at stage one.

While it is certainly possible for individuals in Bergen County, Passaic, Hudson, Essex and Middlesex to assert SSDI claims on their own, the resources, know-how and strategies offered by the attorneys of Eisbrouch Marsh work to simplify the process, bolster the likelihood of success and provide peace of mind to those already dealing with the stress of a serious disability. Because we will only be paid if and when we succeed on your behalf, there is nothing to lose and a great deal of financial security to gain by allowing us to help.

Let Eisbrouch Marsh fight for the SSDI benefits you deserve

With unrivaled resources including medical consultants, disability experts, personal injury practitioners and support staff, the firm of Eisbrouch Marsh is uniquely qualified to help with your SSDI claim.

We stand prepared to see your claim through every critical step of the process, including:

  • Ensuring proper completion and submission of paperwork
  • Collecting all relevant social security and medical records
  • Securing statements from all treating physicians
  • Developing persuasive legal arguments
  • Providing skilled advocacy before your Administrative Law Judge
  • Delivering an exceptional level of personalized client service

To schedule a no-cost initial consultation with a New Jersey Social Security Disability lawyer to discuss the facts of your claim and begin the process of securing the benefits you and your family need, contact us at 201-977-4961.

  1. U.S. Social Security Administration Office of Retirement and Disability Policy, Annual Statistical Report on the Social Security Disability Insurance Program, 2011, http://www.ssa.gov/policy/docs/statcomps/di_asr/2011/sect04.html#chart11
  2. State of New Jersey Department of Labor and Workforce Development, Social Security Disability Programs, http://lwd.dol.state.nj.us/labor/dds/ddsindex.html
  3. Social Security Administration, Benefits for People with Disabilities, http://www.ssa.gov/disability/
  4. Social Security Administration, Disability Planner: How You Qualify For Social Security Disability Benefits, http://www.ssa.gov/dibplan/dqualify.htm