SOCIAL SECURITY DISABILITY

Social Security Disability: Seeking Benefits for Individuals with Disabilities

If you or someone you know is experiencing a disability that hinders the ability to maintain employment due to physical, mental, or emotional impairments, you may be eligible for substantial Social Security Disability benefits (SSDI). Even if you have previously applied and had your disability claim denied, it is important not to lose hope. Initial denials are common, and the assistance of an experienced Social Security attorney in Western North Carolina (WNC) can help you pursue your claim or file an appeal.

Filing for Social Security Disability

The process of filing a claim for Social Security benefits can be time-consuming and intricate. Strict procedures and various deadlines must be adhered to with precision. While anyone can file a claim with the Social Security Administration for benefits, having a knowledgeable attorney who understands the SSA's regulations and knows how to effectively pursue claims can significantly improve your chances of receiving a timely approval. Russell Bowling, an attorney based in Franklin, NC, has a deep understanding of the application process and can assist you in navigating the bureaucratic complexities.

Qualifying Disabilities for Social Security Disability

Certain conditions may make you eligible for Social Security Disability benefits, and some applicants may be entitled to supplemental security income (SSI) as well. However, SSI benefits are limited to individuals who are 65 years or older, blind, disabled, and have limited income and resources. To qualify for SSDI and/or SSI, your disability must meet the SSA's stringent criteria for an "impairing disability." Some physical and mental health conditions that qualify for SSDI include those that:

  • Prevent you from engaging in gainful employment on a full-time basis
  • Have lasted or are expected to last for at least one year
  • Could potentially result in death

To qualify for SSDI, you must have previously been employed in a position covered by Social Security or meet the financial requirements for Social Security Income while having a documented disability that meets the SSA's definition. In support of your disability claim, the SSA requires submission of medical records as evidence. Examples of conditions that may qualify for SSDI include:

  • Cancer
  • Chronic cardiovascular conditions, including heart disease
  • Mental disorders, such as autism and schizophrenia
  • Rheumatoid arthritis
  • Neurological disorders, including Parkinson's disease and cerebral palsy
  • Obesity
  • Blindness
  • Deafness
  • Seizures
  • Back and neck issues
  • Multiple sclerosis
  • Immune disorders
  • Psoriasis of hands or feet

Common Reasons for SSDI Denial

It is estimated that more than half of initial claims filed for SSDI are denied. Receiving a denial after navigating the application process can be disheartening. Some common reasons for denials include incomplete applications, lack of supporting medical documentation, resubmitting a previously denied claim instead of appealing, failure to cooperate with SSA representatives, and lack of legal representation. While an attorney cannot guarantee approval for benefits, consulting with a knowledgeable attorney about the application process and requirements can provide a realistic assessment of what to expect when filing for Social Security Disability Benefits.

Appeals

Despite the discouragement of denial, there is still hope. Many claims that are initially denied go on to achieve success through the appeals process. It is crucial to seek advice from an attorney promptly after receiving a denial as the timeframe to file an appeal is typically limited to 60 days. The appeal process can be more time-consuming and extensive compared to the initial application process. However, having an experienced attorney review the SSA's reasoning for denial can ensure your appeal is comprehensive and filed in a timely manner.

If you have questions regarding eligibility for Social Security Disability or are in the process of filing a claim or an appeal, it is recommended to contact a highly skilled Social Security Disability attorney in Western North Carolina for a free case assessment. Attorney Russell Bowling understands the intricacies involved in the application and appeals process for Social Security Disability. He can provide guidance throughout the entire process, advocating for your rightful Social Security disability benefits. Contact attorney Russell Bowling today for a compassionate and fierce advocate who will fight for your case. Call (828) 524-5070 or complete our online form to schedule a free consultation and learn about the benefits you are entitled to.

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FREQUENTLY ASKED SOCIAL SECURITY DISABILITY QUESTIONS

Q. What is the difference between SS and SSI?

Both Social Security Disability (SSD) and Supplemental Security Income (SSI) benefits share the same eligibility criteria for disability: the inability…

Q. What Type of Physical Ailments are Considered Disabling Under Social Security Law?

A. The Social Security Administration reviews the overall impact of your cumulative ailments in deciding whether you are disabled or…

Q. Why Does it Take So Long to Get My Social Security Disability Application Approved?

A. Huge numbers of applications, changes in the disability program, and lack of adequate resources have combined to slow down…

Q. What Type of Disability is Required Before I Qualify?

A. To be eligible for Social Security (SS) benefits, you must have mental and/or physical impairments of such severity that…

Q. When Can I Expect a Social Security Hearing?

A. Social Security appeals can be a lengthy process, with significant waiting times between each level of appeal. It often…

Q. What is an Administrative Law Judge Hearing?

A. Social Security (SS) hearings are presided over by an Administrative Law Judge (ALJ). Fortunately, the Western North Carolina area…

Q. If I Win My Social Security Disability Case, How Much “Back Pay” Will I Receive?

A. The exact amount of “back pay” you receive is determined by the Social Security program you are eligible for.…

Q. Am I Eligible for Social Security Disability if My Ailment is Not Permanent?

A. Yes. Social Security law requires only that the disabling condition (1) result in death OR (2) exist for a…

Q. What if I am Receiving Workers’ Compensation Benefits?

A. Social Security (SS) law mandates that any other benefits you receive must be taken into account. Consequently, your SS…

Q. What Happens When I Am Denied Benefits?

The majority of claimants face multiple denials before obtaining a favorable decision on their claim. DO NOT GIVE UP. Your…

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