FAQs – Social Security

The majority of claimants face multiple denials before obtaining a favorable decision on their claim. DO NOT GIVE UP. Your strongest chance to prove your disability lies in having a lawyer represent you at an Administrative Law Judge (ALJ) hearing. You have contributed to Social Security taxes for years, and it is essential to pursue…

A. To be eligible for Social Security (SS) benefits, you must have mental and/or physical impairments of such severity that they prevent you from engaging in substantial gainful activity for a period of twelve (12) months or longer. This means you should be unable to work in any job that you are qualified for and…

A. In North Carolina, only a small number of applicants are awarded benefits before the Administrative Law Judge (ALJ) hearing. Prior to the ALJ hearing, Social Security decisions and opinions are frequently made by individuals who have never met or spoken with you. Social Security doctors may offer opinions on your physical condition without conducting…

A. Social Security appeals can be a lengthy process, with significant waiting times between each level of appeal. It often takes several months for a decision to be made at each stage. Before an Administrative Law Judge (ALJ) hearing, you will typically receive a notice four to six weeks in advance, and attending the hearing…

A. Congress has enacted legislation that imposes significant restrictions on the eligibility for Social Security benefits if substance abuse issues are deemed to be contributing factors to an individual’s disability. While the existing law may seem unfavorable to such claims, consulting with a knowledgeable lawyer who can conduct a thorough analysis of your case may…

A. The Social Security Administration reviews the overall impact of your cumulative ailments in deciding whether you are disabled or not. A review of your age, education, past work experience, and vocational possibilities will all be considered in deciding your disability. The key to the question is whether your overall physical and/or mental health makes…

A. Huge numbers of applications, changes in the disability program, and lack of adequate resources have combined to slow down the appeals process. Most applications are rejected twice before receiving a hearing before an Administrative Law Judge that is the decision maker that will actually interview and listen to the claimant. In 2004, the Commissioner…

A. Most attorneys charge a contingent fee which is the lesser of $7,200 or 25% percent of your back benefits. A contingent fee means that if your claim is denied, no attorneys fees are owed. The Administrative Law Judge must review and approve employment agreements before any legal fees can be charged. Most lawyers will…

A. Yes. The terms of your private disability compensation is contractual and controls whether these payments are pro-rated or changed by the receipt of Social Security Disability Income. Federal law requires full payment of Social Security disability checks regardless of the receipt of private disability checks for the same disability. However, most private disability plans…

A. Generally, No. You are required to report any earnings or substantial gainful activity to the Social Security Administration as a condition of receiving monthly disability income. Congress has recognized the need for work incentives and has created several programs to encourage attempts to return to work without automatic loss of disability compensation. You can…