Asheville Social Security Lawyer

Experienced Representation for Your Social Security Disability Claim

If you are struggling with a disability that prevents you from working, you may be entitled to Social Security Disability benefits. At Lanier Law Group, P.A., our lawyers are committed to helping individuals throughout the state navigate the complex process of applying for these essential benefits. With years of experience and a deep understanding of North Carolina's Social Security Disability system, we are here to assist you at every step of your claim.

Ready to consult with an Asheville Social Security lawyer for your needs? Call (828) 373-1945 or request a free case review online today.

What is Social Security Disability?

Social Security Disability (SSD) is a federal program designed to provide financial support to individuals who are unable to work due to a long-term or permanent disability. The Social Security Administration (SSA) oversees the program and evaluates each application to determine eligibility. There are two primary types of Social Security Disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

• Social Security Disability Insurance (SSDI) is available to individuals who have paid Social Security taxes through their employment and have accumulated enough work credits. SSDI benefits are based on the applicant’s earnings history and are only available to those who have a qualifying disability.
• Supplemental Security Income (SSI), on the other hand, is a need-based program for individuals with limited income and resources, regardless of their work history. SSI provides financial support to individuals who are disabled, blind, or elderly and do not have sufficient work credits to qualify for SSDI.

Both SSDI and SSI provide crucial financial relief to those who are unable to earn a living due to their disability. However, applying for benefits can be a challenging and often frustrating process, particularly when a claim is denied. That’s where an Asheville Social Security Disability lawyer from Lanier Law Group, P.A. can make a difference. Our team is dedicated to helping you build a strong claim and securing the benefits you deserve.

Who is Eligible for Social Security Disability?

Eligibility for Social Security Disability benefits depends on several factors, including your medical condition, work history, and ability to perform work-related activities. To qualify, you must meet the following criteria:

• You Have a Severe Disability: Your disability must be severe enough to significantly limit your ability to perform basic work-related activities. It must also be expected to last at least 12 months or result in death.
• Your Disability is Listed by the SSA: The SSA maintains a "Blue Book," which lists medical conditions that qualify for SSD benefits. If your condition is listed, you may have an easier time proving eligibility. If it’s not, you may still qualify if you can demonstrate that your condition is equally severe.
• You Have Sufficient Work Credits (for SSDI): If you are applying for SSDI, you need to have earned enough work credits. This is based on your age and work history. Generally, the longer you have worked and paid Social Security taxes, the more work credits you will have.
• You Have Limited Income and Resources (for SSI): If you are applying for SSI, your income and assets must fall below the SSA's threshold. This program is specifically designed for individuals with financial need who also meet the SSA’s disability requirements.
• You Cannot Perform Any Substantial Gainful Activity (SGA): To qualify, you must be unable to perform any significant work or earn above a certain monthly income. In 2023, the SGA limit is $1,470 for non-blind individuals and $2,460 for blind individuals.

Common Reasons Why Your Claim is Denied

Unfortunately, Social Security Disability claims are frequently denied on the first attempt. In North Carolina, over half of all initial applications are denied, leaving many people feeling frustrated and uncertain about their next steps. Some common reasons for claim denials include:

• Insufficient Medical Evidence: One of the most common reasons for denial is lack of strong medical documentation. To qualify, you must provide comprehensive medical records that substantiate your disability and limitations.
• Failure to Follow Prescribed Treatment: If you have not followed your doctor's recommended treatment plan, the SSA may question the severity of your condition. However, there are exceptions for those who cannot afford treatment or who have legitimate reasons for non-compliance.
• Failure to Cooperate with the SSA: Missing deadlines, failing to attend required medical evaluations, or not responding to SSA requests can lead to a denied claim.
• Earning Too Much Income: If you are working and earning above the SGA threshold, the SSA may determine that you are capable of working, which could disqualify you from benefits.
• Previous Denial and No New Evidence: If you reapply after a denial without providing additional evidence, the SSA is likely to deny the claim again. It’s essential to provide new, compelling information to strengthen your appeal.

Working with a Social Security Disability lawyer can help you avoid common pitfalls in the application process and increase your chances of a successful outcome.

How a North Carolina Social Security Disability Lawyer Can Help

Navigating the Social Security Disability process can be complex and overwhelming, especially if your initial claim was denied. A skilled attorney can provide invaluable support by:

• Guiding You Through the Application Process: Filing for Social Security Disability benefits involves extensive paperwork, and any mistakes can delay or jeopardize your claim. Our attorneys can help ensure that your application is accurate and complete.
• Representing You in Appeals: If your claim is denied, you have the right to appeal. Our team will represent you at every stage of the appeals process, from reconsideration to administrative hearings and beyond.
• Collecting and Presenting Medical Evidence: We will work with your healthcare providers to collect and present comprehensive medical evidence that supports your claim.
• Providing Legal Expertise and Advocacy: Our North Carolina Social Security Disability lawyers are well-versed in SSA requirements and regulations, and we know how to present your case in a way that maximizes your chances of approval.

At Lanier Law Group, P.A., we understand the challenges that come with living with a disability and the critical importance of receiving Social Security Disability benefits. Our goal is to make the application and appeals process as smooth and successful as possible, so you can focus on what matters most—your health and well-being.

You have nothing to lose and everything to gain by giving us a call at (828) 373-1945 or filling out an online contact form to schedule your free initial consultation.