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How to file a disability appeal in New Jersey
There are several ways to appeal a denial of a claim if you have applied for social security disability or SSI in New Jersey, or if you have filed your first appeal (a reconsideration request) and need to file your second appeal (a request for a disability hearing).
1. The first way would be to call the SSA toll-free line at 1-800-772-1213. My own advice, as a former disability examiner, would be to never call this number. It has been the experience of many individuals who have worked to assist disability claimants, including myself, that the toll-free services operated by SSA often lead to incorrect information being provided to claimants, sometimes with unfortunate and time-costly results.
2. The second way to file an appeal would be to simply contact the social security office where you did your application for disability (or did a prior appeal), either by phone, or by visiting that local office in person. After you contact the social security office, they can either send you the necessary appeal forms for you to return to them (in person or by mail), OR you can print these forms yourself from the social security website and then return them to the social security office.
Printing them yourself will save you a few days time that would be consumed by mail, but if you print your own forms you will need to make sure that A) you print the correct forms from the SSA site and also B) that you print out the medical release forms (form SSA-827) that social security will need from you to obtain any additional medical records. For most people, it will probably be less problematic to simply contact the social security office and have them mail the appeal forms and the medical release forms to you.
3. The third way, and the simplest way, to file an appeal would be to have your New Jersey disability attorney, or non-attorney disability representative, assuming you are represented, do the appeal.
Individuals who have already been denied and are now at the reconsideration appeal stage OR have been denied on a reconsideration and need to file a request for a social security hearing should probably consider getting representation. Of course, if you are represented, your designated representative should handle your appeal paperwork for you.
Note: There are some attorneys and representatives in New Jersey who actually put in a strong effort toward winning a claim at the disability application level--so, yes, sometimes having a lawyer at the earliest stage possible can be of great benefit, but it really depends on getting a pro-active person to represent your claim.
If you are represented and receive a notice of disapproved claim (i.e. a notice of denial), then your first step should be to contact your disability lawyer (or your non-attorney advocate if this is the case) and advise them that you have been denied. Your rep will usually receive copies of whatever notice you receive, but this does not always happen and sometimes the claimant will get the notice first; therefore calling is always a good idea to ensure that both parties know exactly what is happening on the case.
Social Security Disability and SSI Resource Center
The Most Basic questions about Getting Disability Benefits
Social Security Disability and SSI Back Pay Benefits
Social Security Disability SSI and whether or not you can work
How long does it take for Social Security Disability or SSI?
Social Security Disability SSI Awards and Award Notices
Tips, Mistakes, How to Qualify, and How to Win Disability
Tips and Advice for Social Security Disability and SSI Claims
Common Mistakes to avoid after being denied for Disability
Disability Qualifications and How to Qualify for Disability Benefits
Winning Social Security Disability or SSI, How to Win
Denials, Appeals, and Getting a Disability Lawyer or Representative
What you should know about Social Security Disability and SSI Denials
Social Security Disability and SSI Appeal Process - How to file appeals
Questions about Disability Lawyers and Hiring a Disability Attorney
Various Types of Benefits including SSI, Mental, and Child benefits
SSI Disability Benefits, Questions and Answers
Social Security and SSI based on Mental Disability
Social Security Disability or SSI Benefits for Children
Disability Benefits through Social Security
Information to start with regarding Disability Claims
An Overview of Social Security Disability and SSI
What is considered a Disabling condition by Social Security?
The Disability Requirements to be eligible for SSD and SSI Benefits
Filing for Social Security Disability or SSI Benefits
Social Security Disability and SSI Applications
Social Security Disability SSI List of Conditions and Impairments
Social Security Disability SSI: Medical Evidence and Records
Filing your claim for disability benefits
Eligibility for receiving disability benefits
Resources on this site
Social Security Disability, SSI Terms and Definitions
Previously answered questions regarding SSD and SSI
About the Author of SSDRC, Tim Moore
The SSDRC Disability Blog
For Individuals living in North Carolina
Disability in North Carolina
North Carolina Disability Lawyer
Getting disability in North Carolina
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
How to file for disability, SSD or SSI
How to file for Disability and what medical conditions qualify
How long will it take to get disability?
What if your disability gets denied?
How to Prove you are disabled and qualify to win disability benefits
How to get disability with a mental condition
How long for Social Security Disability Back pay
Social Security Disability SSI eligibility