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June 2016 Archives

Can ALJs issue subpoenas in disability benefits cases?

People in New Jersey who have suffered a serious injury that makes them unable to work have a few tools at their disposal to secure the aid they may need to make financial ends meet. One of these tools is an application for Social Security Disability Insurance benefits. As we have discussed previously, however, many times these applications are denied when first reviewed by the Social Security Administration. When this occurs, applicants may end up asking for a hearing before an Administrative Law Judge (ALJ). An ALJ, as we have touched on in the past, is technically part of the executive branch, rather than the federal judiciary. However, the Code of Federal Regulations does empower these officials to do certain things that federal judges can do, such as issue subpoenas. But what does this mean in practice?

What is a 'subsidy' in terms of income when seeking SSD benefits?

In this space, we have previously covered the concept of "substantial gainful activity" as it relates to those New Jersey residents who are filing for Social Security Disability Insurance benefits. To refresh your memory, the Social Security Administration will make a determination if an applicant can engage in SGA to decide if the individual is unable to work for the purposes of receiving SSDI benefits.

What is a personality disorder in mental illness disability?

This blog has touched on several kinds of psychological problems individuals may be afflicted with that can create an inability to do substantial labor. So far we have focused on some problems that fairly obviously affect people's lives and their ability to complete daily tasks, such as Schizophrenia or clinical depression. This week we are going to discuss some disorders that may not come as readily to mind when New Jersey residents think about people who qualify for Social Security Disability Insurance benefits. These are known as personality disorders.

What is good cause to miss a deadline for in a disability case?

Previous posts here have discussed several procedures involved with appealing decisions in cases involving Social Security Disability benefits and Supplemental Security Income, both through the administrative process and judicially. As readers in New Jersey may know, there are generally very strict deadlines on how long an applicant has to file a notice of appeal. However, in certain circumstances, the Social Security Administration will extend such deadlines in certain circumstances.

A denial of a New Jersey SSDI claim need not end the case

As our readers may know, New Jersey residents who have an inability to work due to a physical or mental disability may be eligible for benefits through the federal Social Security Administration. The most common form of these benefits is Social Security Disability Insurance, which is paid for out of funds deposited by people out of their wages during their working lives. However, as we have mentioned, not everyone who applies for SSDI is approved.

You won't know if you have a legitimate claim unless you talk to an experienced attorney. Get in touch with me today.

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