North Carolina Social Security Appeals Attorneys
Was Your SSDI Claim Denied? We Can Help.
Although the denial of an initial Social Security disability (SSD) application is not uncommon, it can be devastating to learn that the benefits you were expecting will not be paid. Many individuals who have been denied Social Security Disability Insurance (SSDI) fail to take advantage of the appeals process, which can result in a claim’s approval.
Lanier Law Group provides skilled representation in social security appeals and can provide the aggressive, dedicated representation you need and deserve. We have years of experience advocating for SSDI benefits on behalf of our clients; we can explain your options and the best way to challenge the denial.
Why Was My Social Security Claim Denied?
If you were injured and, as a result, became disabled, you may seek Social Security disability benefits or Supplemental Security Income as long as you have an accepted condition and meet all other eligibility requirements. However, the Social Security Administration (SSA) frequently denies applications, even ones that are perfectly valid.
Based on years of experience spent handling various types of Social Security disability matters in North Carolina, we at Lanier Law Group can help you determine why your claim may have been denied and file an appeal if applicable/appropriate.
The following are common reasons for social security claim denials:
- Your income is too high: One of the primary reasons applicants are denied is that their monthly income is too high. As of 2019, you have to earn no more than $1,220 (if disabled) or $2,040 (if blind) a month to qualify for SSDI. For SSI claims, you cannot earn more than $771 (individual) or $1,157 (couple) a month.
- The SSA cannot find you: If the SSA cannot contact you, your application for Social Security disability benefits may be denied.
- Your disability is temporary: To qualify for SSDI benefits, your disability must last/be expected to last at least one year (12 months) or result in your death. An exception is made for applicants who are blind.
- You do not follow your doctor’s orders: If your physician prescribes you a certain therapy or treatment and you refuse to follow it, your application may be denied.
- You do not cooperate with the SSA: To assess your case, the SSA needs your medical records and other pertinent information. Failure to allow the SSA access to these documents can result in your application being denied.
Remember: just because your initial claim was denied, this does not mean there is no hope. You can often file an appeal, and Lanier Law Group can help. If you need help at any stage of the Social Security disability process, our North Carolina SSD claim denial attorneys are here to offer you personalized guidance and support.
Understanding the Social Security Appeals Process in North Carolina
If you’ve been denied Social Security disability insurance (SSDI) or Supplemental Security Income benefits (SSI), it’s important to know that you have the right to appeal the decision. If you choose to file an appeal, then your claim may go through the following steps:
Reconsideration
In most states, the first step of the appeal process is to request that the initial denial of benefits be reconsidered. During the reconsideration, a medical consultant and examiner who were not part of the denial of your first claim will review your case at the Disability Determination Services level. A slightly different process exists if you are appealing the termination of disabilities. In this case your reconsidered appeal may need to be discussed in person with a Social Security representative.
Hearing Before an Administrative Judge
If your request for reconsideration is denied, the next step in the appeals process is requesting a hearing before an administrative law judge. Your request must be filed within 60 days of receiving your appeal’s denial. The administrative law judge will decide to uphold or overturn your denial or termination of your benefits.
Appeals Council
Should your case continue to be denied, the next step is the appeal process is requesting a review from the Appeals Council. The Appeals Council has the authority to select which requests it reviews. If the Appeals Council believes the previous denial of your benefits was correct it may deny a review of your request.
Federal court
Should the Appeals Court decide not to review your case, or should you wish to appeal its decision, the next step in the appeal process is to file a lawsuit in a federal district court. Your claim will be reviewed by a federal judge, who will decide on your case.
Contact a Social Security Appeals Attorney Today
Regardless of which steps you need to carry out, our firm can help manage the entire appeals process and vigorously pursue the benefits you are owed. We are passionate about our work and can be depended on for fierce advocacy throughout your case. Our North Carolina SSD appeals attorneys will keep you updated on the progress we are making and promptly return your calls if you have questions or need assistance.
When you need compassionate and dedicated legal representation for an SSDI or SSI matter, look no further than Lanier Law Group. We have numerous offices located throughout North Carolina, including in Asheville, Burlington, Durham, Piedmont Triangle, Greenville, Charlotte, Wilmington, Raleigh, and Fayetteville. We offer legal services in both English and Spanish and you owe us nothing unless you obtain a settlement.
