When Your Back Is Against The Wall

North Carolina Social Security Disability Lawyers

Helping You Understand Your SSDI Options

If you or a loved one have a severe disability, let us help you understand your options for receiving benefits from the Social Security Administration. Social Security Disability is an avenue for receiving a monthly financial benefit and access to Medicare/Medicaid through either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

Our North Carolina Social Security Disability lawyers are highly knowledgeable of the law and can explain all of your options. We have multiple offices across North Carolina, so you can contact us today to schedule a free initial consultation at any of our locations. If your injuries or disabilities prevent you from making it to our office, we can also discuss your case over the phone or come to you.

If you still have questions about the SSDI/SSI process or want to retain a legal professional to assist you in filing for these benefits, call us today. We at Lanier Law Group, P.A. are here to answer your questions and provide trustworthy legal support and counsel at every turn.

Call Lanier Law Group, P.A. today at 919-342-1368 or contact us online to schedule a meeting with our Social Security disability attorneys in North Carolina!

Qualifying for Social Security Disability

A person may file two types of claims to receive Social Security benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Both types of claims have specific requirements that must be met. Occasionally, even if a person is disabled, they may not qualify for benefits based on these additional restrictions.

To qualify for disability benefits, you must meet the following criteria:

You have a severe physical or mental condition that prevents you from being able to work
Your condition lasted/is expected to last for at least one year or result in death
For SSI, you must also meet non-medical requirements because this benefit is asset-based.

A disability must also cause a person to have functional limitations that prevent them from working. Functional limitations include a person’s ability to walk, stand, lift, carry, bend, push, pull, kneel, crouch, or crawl.

Functional limitations may also include limits in a person’s cognitive abilities, such as concentrating, understanding and retaining information, maintaining persistence and pace, interacting with others, or adapting and managing one’s health and well-being. Our Social Security lawyers in North Carolina can help you determine whether or not you may qualify.

Steps to Appeal a Denied Claim

If your disability claim has been denied, don’t lose hope. Many initial disability claims are rejected, but the appeals process offers a chance to have your case reconsidered. In North Carolina, the appeals process involves several steps, each requiring careful attention to detail and deadlines. Here’s a breakdown of what to expect and how our attorneys can help:

Step 1: Reconsideration

After receiving a denial notice, the first step in the appeals process is to request a reconsideration. This involves having a rereview of your application, including any new evidence or documents that may strengthen your claim.

You have 60 days from the date of the denial to file for reconsideration. It’s crucial to submit additional medical records or information that can support your case at this stage. This step is often completed without an in-person hearing, so presenting strong, clear documentation is essential.

Step 2: Administrative Law Judge (ALJ) Hearing

If your claim is denied again after reconsideration, the next step is to request a hearing before an Administrative Law Judge (ALJ). The ALJ will conduct a more thorough review of your case, including your medical records, testimony from medical experts, and any new evidence that has emerged since the initial filing.

This hearing may take place in person, typically at your local Social Security Office in North Carolina, such as in Raleigh, Greensboro, or Charlotte. You and your attorney will have the opportunity to present your case directly to the judge, explain your limitations, and argue your case. Having an attorney by your side can make a significant difference in preparing and presenting your case effectively.

Step 3: Appeals Council Review

If the ALJ denies your claim, you can request a review by the Social Security Appeals Council. The Appeals Council will review the judge’s decision to determine if there were any legal errors or if important evidence was overlooked.
At this stage, the Appeals Council may:

Uphold the ALJ’s decision
Send the case back to the ALJ for further review
Overturn the decision and approve your claim

This step is not a re-hearing of your case but rather a legal review of the previous proceedings. You will want to work closely with your attorney to ensure that any procedural errors are highlighted and presented to the council.

Step 4: Federal Court Review

If the Appeals Council denies your request or upholds the ALJ’s decision, the final step in the appeals process is to file a lawsuit in federal district court. This is a more complex and formal legal process where you will need to argue your case in front of a federal judge.

Filing a federal court appeal is rare, and this step should only be pursued with the help of an experienced attorney who understands both Social Security law and federal litigation procedures.

Understanding the Role of Medical Evidence in Disability Claims

Medical evidence is a cornerstone of your disability claim. The Social Security Administration (SSA) relies heavily on your medical records to determine the severity of your disability and its impact on your ability to work.

Here’s what you need to know about the role of medical evidence:

Detailed Medical Records: Providing comprehensive and up-to-date medical records is essential. This includes records from your primary care physician, specialists, hospitals, and other healthcare providers involved in your treatment. These documents should detail your diagnosis, treatment history, and prognosis.
Functional Limitations Reports: Besides medical records, reports describing how your condition limits your ability to perform daily activities and work-related tasks are crucial. These reports help the SSA understand how your disability affects your functionality and employability.
Medical Opinions: Your treating physicians’ opinions regarding your ability to work are also important. These experts can offer insights into how your condition impairs your capacity to engage in substantial gainful activity and recommend accommodations or limitations.
Consistency & Accuracy: Ensuring that your medical evidence is consistent and accurate is critical. Inconsistencies or gaps in your medical history can lead to delays or denials. Maintaining thorough documentation and communicating regularly with your healthcare providers is essential to ensure all relevant information is available.

Our North Carolina Social Security Disability lawyers can assist you in organizing and presenting your medical evidence effectively. We understand the intricacies of how medical documentation influences your disability claim and will work to ensure your case is supported by strong, clear evidence.

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Contact Lanier Law Group, P.A. at 919-342-1368 to learn more about how our North Carolina SSDI team can help support you.

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Social Security Disability

Common Challenges in SSDI Claims and How to Overcome Them

Applying for Social Security Disability Insurance (SSDI) benefits can be challenging. Here are some common obstacles and strategies to address them:

Incomplete Documentation: Ensure all medical records, employment history, and personal details are complete and up-to-date. Detailed documentation of your condition, including test results and treatment history, is crucial for substantiating your claim.
Meeting the SSA’s Definition of Disability: Your condition must prevent substantial gainful activity (SGA) and be expected to last at least 12 months. Work with your healthcare provider to ensure your records reflect the severity and duration of your disability.
SSA’s Work History Requirements: SSDI requires a specific work history—typically five out of the last ten years. Verify your employment and income records to meet these requirements.
Evidence of Functional Limitations: Provide detailed evidence of how your condition impacts your daily activities and work. Statements from your doctor about functional limitations can strengthen your claim.
Medical Treatment Gaps: The SSA values ongoing treatment. Ensure consistent care with your healthcare providers and keep detailed records of all treatments.
Initial Application Issues: The initial application can be complex. Carefully follow instructions and consider legal assistance to ensure accuracy.

Contact Our North Carolina Social Security Disability Attorneys Today

If you have a severe medical condition that keeps you from working consistently, our team of experienced Social Security Disability attorneys in North Carolina can provide you with sound legal advice and trusted guidance in Burlington, Durham, Piedmont Triad, Greenville, Charlotte, Asheville, Wilmington, Raleigh, and Fayetteville.

Whether it takes six months or two years, we will remain steadfast throughout this often lengthy process and use our resources to help you receive any SSD benefits you deserve.

Additionally, our team of case managers is happy to assist you and is available anytime during regular business hours.

Contact Lanier Law Group, P.A. today online or at 919-342-1368 to schedule a meeting with our Social Security Disability lawyers in North Carolina!

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