New Jersey Disability Lawyers

When you’re unable to work due to a medical or mental health issue, hiring a lawyer may seem out of the question. However, because disability attorneys typically work on a contingency fee basis, you can afford legal representation - even if you don’t have the cash to pay an hourly fee. With a contingency fee, you pay nothing upfront and only attorney’s fees if your lawyer succeeds in approving your claim.

The exact amount that you will pay depends on the type of disability benefits that you are seeking. For Social Security disability, the fee is capped at the lesser of 25% of the backpay or a fee cap that is set by Social Security and updated annually.  It will never be more than 25% of any benefits that you actually receive. Long-term disability lawyers typically receive a percentage of your total award. Reach out to Bross & Frankel to talk to a New Jersey disability attorney.

The amount of your monthly disability benefits will depend on the type of disability you are applying for and the specific rules of that program. For example, if you qualify for Social Security Disability Insurance (SSDI), then your benefit amount will be based on your covered earnings, or how much you have paid into the system. By contrast, the amount of Supplemental Security Income (SSI) benefits you receive is based on your marital status, whether you receive any supplemental state benefits, and if you have any countable income.

There are also rules for the amount of veterans’ benefits you may receive and how much you may get in long-term disability. If you have questions about your eligibility for disability benefits or the amount you’ll get, contact Bross & Frankel to schedule a free claim review with a New Jersey disability lawyer.

Possibly. To be eligible for SSDI, you must meet the Social Security Administration (SSA)’s definition of disabled and you must have worked and paid taxes on your income. To qualify for SSI, you must be disabled under the SSA’s definition and you must have limited assets and income. Depending on your situation, you may be able to receive both SSDI and SSI benefits.

It can be difficult to know if you are eligible for SSDI and/or SSI without consulting with a disability attorney. The rules surrounding these programs are complex, and the paperwork can be burdensome. In New Jersey and Pennsylvania, call Bross & Frankel to talk to a seasoned Social Security disability lawyer about your claim.

If you meet the eligibility requirements for Social Security disability benefits, then you can collect both long-term disability (LTD) and SSDI benefits. In fact, your LTD insurance company may require you to apply for SSDI. However, if you are approved for SSDI, then your LTD benefits will likely be reduced by the amount of disability benefits that you receive from Social Security.

It can be difficult to qualify for both LTD and SSDI without the assistance of a skilled disability benefits attorney. At Bross & Frankel, we have decades of combined experience helping clients obtain the benefits that they are entitled to for their disability. Contact our law office today to schedule a free consultation with a member of our legal team.

It depends. Generally, to qualify for Social Security Disability, you must not be able to engage in “substantial gainful activity,” which means that you can’t work over a certain number of hours or make more than a set amount in wages. If you exceed these thresholds, then you probably won’t qualify for SSDI or SSI. 

For long-term disability benefits, you usually won’t be approved if you are able to work. However, you may still be able to work and collect veterans’ disability benefits, provided that you are not receiving compensation for total disability based on unemployability. If you have questions about your eligibility for benefits, contact the disability attorneys at Bross & Frankel to schedule a free claim review.

It depends. For purposes of SSI, a non-citizen or alien may be eligible for benefits if they fall into certain immigration categories. They must also meet other conditions, in addition to qualifying for SSI under the standard requirements. Undocumented immigrants are not eligible for SSI.

Aliens are eligible for SSDI benefits if they meet all other criteria for the benefits, and if they are lawfully present in the United States.

There are three ways to apply for Social Security disability benefits: (1) apply online; (2) apply over the phone (1-800-772-1213, TTY 1-800-325-0778); or (3) apply in-person at your local Social Security office.

If you call, you will be given the option of 1) going to the Social Security office to apply for benefits, or 2) having your application taken over the telephone. If you choose to go to the Social Security office, the person at the 800 number will schedule an appointment for you and give you directions to the Social Security office. If you want to apply by phone, you will be given a date and an approximate time to expect a phone call from someone at the Social Security office who will take your application over the phone.

More information on how to apply for disability here.

As a general rule, the earlier that you apply for Social Security benefits, the better. If you believe that you will continue to be disabled for at least a year, or if you have already been disabled for that long, there is no reason to wait.

If you need to file an appeal, it can take a long time. The sooner that you apply for benefits, the sooner that you will resolve your claim. On the other hand, if you know that your disability is strictly “short-term,” such as having a broken foot — which will only keep you out of work for a few weeks or months — there is probably no reason to apply for benefits. In that case, it is probably better to wait and see how you recover, as neither SSD nor SSI offers temporary benefits.

As with any bureaucracy, it can take a fair amount of time to get a decision on your application for benefits through the SSA. As a general rule, it takes 3 to 5 months to get a decision. However, the length of time that it takes to receive a decision will depend on a number of factors, including:

• The nature of your disability;
• Whether you will need to undergo a medical examination; and
• How quickly your treating physicians send in documentation to support your application

You can check the status of your application using the SSA’s my Social Security tool.

There are four levels of appeal in a Social Security disability benefits case. After an initial determination (approval or denial), you can appeal a number of legal or factual issues in your case, including the amount of your payment and your eligibility for benefits. The levels of appeal are:

1. Reconsideration;
2. Administrative Law Judge (ALJ) hearing;
3. Appeals Council Review; and
4. Federal court (lawsuit)

A skilled New Jersey disability benefits attorney can help you with filing your initial application for benefits, as well as with any appeal of your claim.