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What to avoid after a benefits claim is denied

| May 26, 2020 | Blog, Social Security Disability

When you file a disability claim in New Jersey or any other state, it will be sent to an examiner for review. There is a chance that your initial application will be denied. However, this doesn’t necessarily mean that you won’t eventually be approved for payments at a later date. Let’s take a look at some common mistakes to avoid after receiving a denial notice.

Don’t submit a new initial claim

After your initial claim is denied, it is important that you appeal the denial instead of submitting a new application. If you submit a new application, it will also likely be denied since the examiner is using the same information to make his or her decision. You have the right to ask an attorney or other professionals for help filing your appeal promptly.

Late appeals could be denied

Typically, you have up to 65 days to submit a request to reconsider your initial application. In many cases, applicants don’t submit their paperwork in time because they aren’t sure what to do after receiving a denial notice. It is not uncommon for applicants to feel anxious or depressed after a claim is denied. Applicants may also hesitate to file appeal documents because they want an attorney to do so for them. As a general rule, it is better to submit what you have right away in an effort to keep the appeal process moving.

You may be entitled to meet with a judge

If your first claim is denied, you may appeal your case to an administrative law judge (ALJ). Requests for benefits are likelier to be approved at this level because more a judge is more focused on your testimony as well as information provided by your doctor.

If you are seeking Social Security Disability (SSD) benefits, you may want to do so with an attorney’s guidance. A lawyer may fill out and submit paperwork on your behalf or represent your interests during an administrative hearing.