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. Does Social Security Disability Pay for My Medical Bills?
A. Not immediately. If you are receiving Disability Insurance Benefits, Disabled Widows or Widowers Benefits, or Disabled Adult Child Benefits,…
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. 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. Should I Apply for Social Security When I Am Receiving Workers’ Compensation Benefits?
A. Yes, in general, Social Security law requires that you be disabled for a continuous period of twelve (12) months…
Q. What Happens in a Social Security Disability Hearing?
A. Social Security Disability hearings are informal. The decisions are made by an Administrative Law Judge who generally lives in…
Q. Can I Work for any Period of Time and Still Receive Social Security Disability Benefits?
A. Generally, No. You are required to report any earnings or substantial gainful activity to the Social Security Administration as…
Q. Once I Am Approved for SSD, Will I be Reviewed for Continued Disability?
A. Probably. You will have an ongoing requirement to report any earned income while you draw SS disability benefits. The…
Q. Can I Draw Workers’ Compensation Weekly Checks and Social Security Checks at the Same Time?
A. Yes, it is possible to receive both Social Security and Workers’ Compensation benefits, but your Social Security check will…
Q. When Can I Expect a Hearing on My Claim?
Due to the high volume of appeals in Social Security cases, it often takes several months before each level of…
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