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Denied Social Security benefits? You have the right to a hearing

On Behalf of | Mar 28, 2019 | Social Security Disability

When seeking Social Security Disability benefits in New Jersey, it does not always yield immediate approval. There are often issues that arise that result in being denied Social Security. People are sometimes under the impression that the case is over when it is denied. However, there are four levels of appeal. The second level is a hearing before an Administrative Law Judge (ALJ). Many will wonder what happens at an ALJ hearing. There are certain facts that the claimant should know beforehand. It is always wise to have legal help from the beginning of the process, especially when there is an appeal of a denied claim.

Prior to the hearing, the applicant and a legal representative can look at the evidence that has already been presented in the case. It is also possible to submit new evidence. When submitting new evidence, it is important to make sure to submit it as soon as possible. If the applicant does not have the evidence at the time the request for an ALJ hearing is made, it should be sent as soon as it is available. With an electronic case, the information can be faxed.

When at the hearing, the ALJ will explain the issues that are relevant to the case. The ALJ can question the claimant and any witness. The witnesses will need to testify under oath. The hearing will not be like a conventional court case and is informal. It will be recorded. After the hearing is complete, the ALJ will assess the evidence and make a written decision. The claimant and the legal representative will be sent a copy of the decision or an order to dismiss the case.

While the ALJ hearing is not the final word in a denied case, it is important to remember that the next step, if the claim is denied by an ALJ, is the Appeals Council and the Appeals Council is not obligated to hear the case. Therefore, if the case is viable, it is important to try and have the denial overturned by an ALJ. A law firm that has helped many people with their appeals to get SSD benefits should be called. This is a wise step in a Social Security Disability case.

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