New Jersey Social Security Disability Appeal Attorney
Learn How to Appeal Your Denial
Unfortunately, a large majority of the individuals who go through the Social Security Disability application process are denied their first time around. In fact, in New Jersey, the approval rate for first-time applicants is 43.5%. This means that more than half of the people who apply for benefits are denied. This is why the Social Security Administration allows for appeals when an initial application is denied.
Call (732) 440-3089 for a free consultation today.
The Reconsideration Process in New Jersey
The first step in appealing a denial of benefits is the reconsideration process. This is a step many states have eliminated , 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. 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.
Medical Malpractice Settlement $12,500,000
Tractor-Trailer Jury Verdict $8,000,000
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. Evidence at trial established that after a recent tire change, the lug nuts were not properly secured by both the owner and the independent contractor who had installed the tire. Our client suffered severe head and orthopedic injuries and is now totally disabled as a result of the accident.
Premises Liability Jury Verdict $7,000,000
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.
Personal Injury Settlement $7,000,000
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. Expert testimony established that the median barrier was defective and therefore failed to protect motorist from this type of accident.
Personal Injury Jury Verdict $6,000,000
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.
Tractor-Trailer Settlement $3,700,000
A Morristown woman was injured when her vehicle was struck by a tractor-trailer that lost control on black ice on Interstate 287. The defendant's truck had jack-knifed as it was changing lanes in order to avoid an earlier accident. The accident resulted in our client suffering severe head injuries.
Product Liability Jury Verdict $3,500,000
The plaintiff was injured in the products liability action when a step on his commercial truck collapsed as he was exiting his vehicle. Ronald Grayzel tried this matter before a Middlesex County jury and argued that the steps manufactured by the defendant were defective. Defendants denied this allegation and instead argued that the accident could not have occurred in the manner alleged by the plaintiff.
Personal Injury Verdict $3,200,000
Levinson Axelrod, P.A. Partner Kim Gozsa recently obtained a $3.2 million dollar verdict on behalf of a client who was injured in a slip and fall accident at an outlet shopping plaza in Jackson, New Jersey. The substantial jury award stems from a case in which Kim’s client slipped and fell on ice on a sidewalk at the Jackson Premium Outlets, an outlet shopping center in Jackson Township, New Jersey.
Personal Injury Settlement $3,000,000
A 31-year old iron worker was injured in a construction site accident when he was struck in the head by a cinder block. Despite the facts that he was wearing a hard hat at the time, the plaintiff still received a serious closed head injury resulting in both memory loss and total disability. The case was handled by both Richard Levinson and James Dunn and settled at the time of trial.
Premises Liability Jury Verdict $3,000,000
An Edison delivery man slipped on a wet floor while delivering a package. He broke his knee in the fall and suffered an injury to his spine, which in turn aggravated pre-existing conditions of incontinence and impotence which had been caused by previous injuries.
Premises Liability Jury Verdict $3,000,000
Our client, a North Plainfield man, was injured when he slipped and fell on snowy steps while exiting his building. He suffered a lumbar disc injury, requiring surgery. The jury found his landlord 100% liable for the accident for failing to clear the steps to the building.
Wrongful Death Jury Verdict $3,000,000
A worker developed asbestosis and lung cancer due to Asbestos exposure. Evidence at trial proved asbestos to be a defective product, which causes harm to workers who use it. Jury awarded the victim's widow damages for wrongful death.
Inadequate Security Jury Verdict $2,700,000
A mother of nine was shot and killed while working at a convenience store. Evidence at trial proved a lack of adequate security, including a panic button and outgoing phone line, had placed this worker at risk. Expert testimony also established that there was an increased risk of criminal activity in convenience stores which had inadequate surveillance equipment. The matter was upheld on Appeal, and settled prior to being reviewed by the New Jersey Supreme Court.
Personal Injury Settlement $2,650,000
The plaintiff sustained a traumatic amputation of one leg, and a crush injury to the opposite foot, in a construction site accident. The claim was brought against the Department of Transportation, as it had a duty to monitor safety on the work site and its failure to do so contributed to the happening of this accident.
Motorcycle Collision Settlement $2,500,000
A young man was seriously injured while riding his motorcycle to work when another driver made a left hand turn in front of him, leaving our client had no memory of the accident. He suffered a number of serious fractures and underwent multiple surgeries, leaving him with disabilities. The case settled on the second day of trial.
Personal Injury Settlement $2,500,000
Our client suffered a traumatic head injury after falling due to an unsecure railing.
Auto Accident Settlement $2,500,000
Levinson Axelrod Partner, Mark V. Kuminski represented a local Franklin Township woman who was involved in a three-car motor vehicle accident. The incident occurred when one of the drivers, later named as the defendant in the personal injury lawsuit filed by Mark and our firm, rear-ended a vehicle that had been stopped. Mark’s ability to express the full scope of damages incurred by our client, proved successful in compelling the jury to rule in our client’s favor.
Premises Liability Settlement $2,500,000
Our client was injured while delivering a 3,000 pound piece of equipment to defendant's premises. The defendant's employees were assisting our client in unloading the product when one of them prematurely activated the lift gate, causing the piece of equipment to fall and strike his legs. He suffered serious injuries to both legs, requiring multiple surgeries.
Personal Injury Jury Verdict $2,250,000
The plaintiff injured her ankle when she stepped into a cement cut out in a commercial sidewalk where a tree had been planted. The plaintiff had been walking on the sidewalk on her way to a down town holiday festival. Her attention had been distracted by a negligently placed chestnut grilling stand, thereby diverting her attention away from the cut out. The plaintiff brought claims against both the property owner and the operator of the chestnut stand.
Construction Accident Settlement $2,200,000
The plaintiff sustained a herniated disc in his lower back, for which he was required to undergo a surgical fusion. When the surgery failed to improve his symptoms, the plaintiff underwent the implantation of a spinal cord stimulator.
Levinson Axelrod, P.A. is committed to helping good people through difficult times. We build real relationships and make communication a priority to provide the best possible service and results.
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