North Carolina Social Security Disability Lawyers

Under the Social Security Disability (SSD) program, certain individuals who have disabling injuries or illnesses are eligible to receive benefits. The Social Security Administration (SSA) is very strict, however, when reviewing applications.

To qualify, your disability will need to meet their list of accepted medical conditions, which may include:

• Cancer
• Digestive tract conditions
• Kidney disease
• Mental disorders, including schizophrenia and autism
• Cardiovascular conditions, including heart disease and coronary artery disease
• Immune system disorders
• Neurological disorders, including Parkinson’s disease and cerebral palsy
• Respiratory disease
• Sensory and speech conditions

If your condition or disability is not listed, you may still be eligible for SSDI benefits if you have a comparable condition. This is not a comprehensive list of disabilities covered by the SSA. For more information on SSDI and SSI, talk to one of our experienced North Carolina Social Security attorneys at your earliest convenience.

Steps to Appeal a Denied SSDI Claim

If your Social Security Disability Insurance (SSDI) claim has been denied, don't lose hope. Many initial SSDI claims are rejected, but the appeals process offers a chance to have your case reconsidered. In North Carolina, the SSDI 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 new Social Security Administration (SSA) representative review 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 takes 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 why you qualify for SSDI benefits. Having a North Carolina SSDI 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 SSDI Claims

Medical evidence is a cornerstone of your Social Security Disability Insurance (SSDI) 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 SSDI claim and will work to ensure your case is supported by strong, clear evidence.

Contact Lanier Law Group, P.A. at (855) 757-4204 to learn more about how our North Carolina SSDI team can help support you.