If you have applied for benefits through the Social Security Disability (SSD) program and been denied, you may feel frustrated and unsure of what to do. You may be worried because you cannot work and need disability benefits to make ends meet. More than 300,000 adults and children in North Carolina receive disability benefits. Many of those people obtained SSD benefits after being turned down initially.

At Hardison & Cochran, our social security disability attorneys know what you are going through. The disability claims process can be complicated and confusing. We can help you appeal the Social Security Administration (SSA) decision regarding your disability claim. We represent clients throughout North Carolina in Social Security Disability cases. We can help you to understand what has happened in your case and what we can do to help you. Don’t delay in taking action. The sooner you contact us, the more quickly we can start to work on your appeal.

Why Do I Need a Social Security Disability Attorney?

Before applying for Social Security Disability benefits, it’s highly advisable that you speak with an experienced disability lawyer about your application. You are more likely to obtain the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits you need if you have a knowledgeable attorney to advocate for you.

A disability attorney will have the skills to:

Explain the disability process to you in an easy-to-understand way
Assess the strength of your claim
Review your SSDI or SSI benefits application for any errors or fill out your application for you
Collect your medical records and other documentation to back up your claim
Participate in conversations with the Social Security Administration (SSA)
Help you file an appeal if your initial claim is denied
Bring medical specialists to provide testimony to support your case
Explain your rights and guide you through the legal process

According to the U.S. Government Accountability Office, disabled individuals are three times more likely to secure benefits if they work with an attorney than applicants who do not have legal representation. At Hardison & Cochran, our attorneys are knowledgeable about the Social Security disability claims process. We highly recommend working with an experienced disability benefits attorney when seeking Social Security disability.

A Fresh Look at Your SSD Benefits Application

If your SSD application has been denied, you are not alone. Roughly half of all SSD benefits applications are initially denied, including many valid claims. Many of the denials may be reversed on appeal. A fresh examination of your case may help.

A Social Security lawyer at Hardison & Cochran can analyze your application and determine if:

You meet the work and disability requirements needed to obtain SSD benefits
Your application correctly showed that you meet the requirements.

Your application may have failed to provide sufficient medical evidence of your disability. A knowledgeable SSD attorney can help you prepare a complete application the first time and avoid delays.

Do You Meet the SSA’s Definition of Disability?

Your application must also show that you meet the SSA’s strict definition of disability. You must show that you have a physical or mental condition that prevents you from working and which is expected to last at least one year or be a terminal condition that will eventually result in death.

When you submit a disability benefits application, it is forwarded to the nearest N.C. Disability Determination Services (DDS) office. A claims examiner and a medical consultant review your medical information to determine if you meet the eligibility requirement.

You need to make clear to the claims examiner that your condition prevents you from working. If your condition is not on the list of medical conditions that qualify as disabled as a matter of law, you must show that it is at least equal to a listed condition.

Hardison & Cochran can review your medical records and ensure that the most accurate and up-to-date information is provided to those who will make a decision about your disability benefits.

SSD Application Timeline

If you have a disabling condition and are unable to work as a result, SSD can provide financial relief. Unfortunately, the application process can be long and complicated. There are many factors that can influence the length of time it takes to resolve your claim.

Some common factors that may affect your claim include the severity of your medical condition and the amount of evidence you provide in your application. If you are suffering from a terminal illness, you might be granted a compassionate allowance and receive disability benefits within a matter of weeks.

Most claimants must go through several basic steps before their claim is resolved, including:

File an Application — You’ll need to fill out an application and submit it to the SSA. Once you’ve submitted your application, the field office will begin reviewing it. After they have processed your claim, they will send it to the DDS to determine whether you are medically disabled and entitled to benefits. Once the DDS has made its determination, your application will be sent back to the field office. If the DDS determined you were medically disabled, disability payments should begin within several months. If the DDS denies your claim, then you have a right to file an appeal.
File an Appeal — If your claim is denied and you want the SSA to reconsider the decision, you must file an appeal within 60 days from the date on your denial letter. The appeals process can take several months.
Attend Appeals Hearing — During the 60-day period after receiving your denial letter, you must request an appeals hearing. Some disabled individuals wait up to two years for a hearing date to be scheduled. If your claim was denied, a North Carolina disability lawyer at Hardison & Cochran can review the reason for the denial and represent you during the appeals process. Around half of the total SSA benefits paid out each year are granted during the appeals process.

How Long Does It Take to Get Approved?

The length of time to resolve your disability claim will depend on various factors.

The application process typically takes about 3-4 months. If your claim is denied and you decide to appeal, you will most likely receive a decision within 3-4 months. Getting an appeals hearing is the longest part of the process. It may take anywhere from six months to two years.

How Much Can I Receive on Social Security Disability in North Carolina?

A number of factors play into how much SSD you can receive in North Carolina. One of the most important factors is your lifetime earnings. Additional factors include other disability benefits you receive and whether you get financial assistance from someone else, like a family member.

For SSDI, the average benefit amount in 2022 is about $1,358. However, if you do still have income and it totals more than $1,350 per month, you would probably not qualify for benefits.

If you do not have a work history and have few assets, you might be eligible to seek Supplemental Security Income (SSI). This benefit is available to people with minimal financial resources and income. SSI is typically a fixed amount per month. In 2022, per the SSA, the maximum amounts are $841 per month for singles and $1,261 per month if you are married with a spouse.

You should speak to a North Carolina Social Security disability lawyer to determine which type of disability benefits you are eligible to seek.

How Does the SSA Determine a Person’s Disability?

The Social Security Administration uses a five-step process to decide if a person is disabled, depending on what qualifies for disability. After the following five questions are answered the SSA will decide if you are eligible for Social Security disability benefits. If you are denied benefits, this is when you may need to speak with an attorney and see if there is anything that can be done. The denial letter is not the end of the road. There are still options open to you. The following steps and explanations come straight from the Social Security Disability Administration.

Are You Working?

If you are working and your earnings surpass the amount set for substantial gainful activity (SGA) then you will not be considered for disability benefits. The SGA amount changes each years as the economy ebbs and flows. In 2022, SGA for non-blind persons is $1,350.

Is your medical condition “severe”?

If your disability is not severe enough you will not receive disability benefits from Social Security. What they are looking for in this portion of the process is if your disability restricts you from working. How long can you sit? Can you stand? Walk? This is where your medical records will come into play. Your medical records must convey your disability to the Administration.

Is your medical condition on the List of Impairments?

State Social Security agencies have a List of Impairments that describes medical conditions that are considered so severe that a person is automatically considered disabled by definition of the law. If your condition is not on this list, the Administration will then see if you condition is equal to one on the list. View the List of Impairments.

Can you do the work you did before?

The Administration will simply decide if your medical condition prevents you from being able to do the work you did before. If it does not, you will be denied benefits.

Can you do any other type of work?

If you are now on this step, it has been decided that you cannot do work you have performed in the past. Now, the Administration will look at your medical condition, age, education, past work experience and any skills you may have. If the Administration decides that you cannot do any other type of work, you will be awarded disability benefits.//www.lawyernc.com/contact-us/

What If My SSD Application Was Denied?

If you receive a rejection letter, you may appeal the decision. Remember: you will have 60 days from the date of your denial letter to file the appeal. There are numerous reasons why your initial application could be denied, including:

Lack of medical evidence — If you didn’t submit adequate medical evidence showing proof of your disability, your claim could be denied.
Lack of Complete Work History—If your employment history is not complete, your claim may be denied because of a lack of sufficient work credits. We can help you prepare a complete work history.
Application errors — SSA processes hundreds of thousands of applications every year. If you make an error on your application forms, that could result in a denied claim.
Failure to keep doctor appointments — The Social Security Administration may schedule an appointment for a doctor to evaluate your disability and provide an opinion of your condition. If you fail to keep the doctor’s appointment, your claim will be rejected.
Clerical errors — SSA employees sometimes make clerical errors or overlook the medical evidence you provided. This could result in a denial.
Prior denials — Many individuals who have their claims denied try to file a new claim rather than going through the appeals process. You are much less likely to be approved by applying again. Although the appeals process takes time, many people successfully obtain benefits after an appeals hearing, especially if you have legal representation to present your case.

An Administrative Law Judge will preside over the hearing. If the judge rejects your appeal, then you can pursue an appeal with the Social Security Appeals Council.

How Much Does a Disability Lawyer Cost?

Most disability lawyers work on a contingency fee basis. They do not receive a legal fee unless they secure benefits on your behalf. As a result, you won’t owe any upfront attorney fees.

Typically, your attorney will draft a fee agreement to submit to SSA for approval. Once approved, both you and your attorney will sign the agreement. If your lawyer secures benefits on your behalf, they will take a share of the total reward. According to SSA regulations, the amount cannot exceed $7,200 or one-quarter of your backpay, whichever amount is smaller as of November 30, 2022.

However, in addition to legal fees, there may be other expenses associated with your case that you need to cover, such as costs of obtaining medical records and other case expenses. Many attorneys permit their disabled clients to pay these additional fees as part of their overall fee agreement at the end of their case.

Talk to Our Social Security Disability Lawyer Today

Don’t delay appealing the denial of your SSD application. You only have 60 days from the date of your last denial to file an appeal. If you miss this deadline, you may have to start the application process from scratch. Remember, an appeal can take a number of months to get a resolution. Don’t delay taking action. Contact us right away.

Testimonial

“Their professionalism and attention to detail were exquisite throughout the process that allowed me to have a successful case. They listen with thoughtful ears and reassured me that they would take care of everything. They did not miss a beat and I am grateful to have had them represent me. May God Bless Hardison and Cochran and continue to shine bright upon their team!”
Review by: Eric C.
Year published: 2022
Rating: ★★★★★ 5 / 5 stars

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North Carolina Social Security Disability Lawyer