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. How Do Lawyers Get Paid for Handling Social Security Disability Cases?

A. Most attorneys charge a contingent fee which is the lesser of $7,200 or 25% percent of your back benefits.…

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 Happens if I Try to Work When I am Receiving Social Security Benefits?

A. According to Social Security law, it is mandatory to report any income or benefits you receive while you are…

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. How Much Will a Lawyer Cost Me?

A. The approval of attorney fees charged by the lawyer is required by the Administrative Law Judge. Social Security cases…

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 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. 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. Are Children Eligible for Social Security?

A. Yes, children may be eligible for various Social Security programs based on specific criteria. While many are familiar with…

Q. Can a Child Disabled Since Birth Receive Social Security Disability Benefits Even if S/He Has Never Worked?

A. Yes. If the child is under age eighteen (18) and you are poor enough, s/he may be able to…

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