Being unable to work due to an injury or illness can be tremendously difficult. You must figure out how to pay your medical bills and provide for your family all while trying to recover from an injury or adapt to the realities of a difficult diagnosis. You need Social Security Disability benefits. When your disability benefits claim is denied, it seriously impacts your life. While you focus on treatment and recovery, turn to the experienced Daggett Shuler Disability attorneys for help.
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs offered through the Social Security Administration (SSA) provide financial assistance for those who are sick or injured and unable to return to work. Applying for these benefits can be complicated and frustrating. Even legitimate claims are frequently denied. That’s why you should turn to an experienced attorney to help you get the Social Security Disability or SSI benefits you deserve.
Eligibility for Social Security Disability depends on several factors—including the severity of your medical condition and work history. Generally, you must prove your medical condition is disabling—and became disabled while you were insured. To be insured, you must have worked for a certain number of years and paid FICA or Social Security taxes on that work. Social Security Disability is funded through the FICA tax taken out of your paycheck.
The first step in all Social Security Disability claims is the application. The application is lengthy, requires a lot of information, and can be confusing. Sadly, many applicants simply give up before they complete it. Others make mistakes or leave out important information—leading to a denial.
If your claim has been denied, there is still hope. The experienced Social Security Disability attorneys at Daggett Shuler can review all information related to your claim including your medical records and work history and will build a strong appeal of your initial denial. Our attorneys will represent you all the way through your claims process, and work to prove your claim to the Disability Administration.
Do you have questions about Social Security Disability, Supplemental Security Income, or Long-Term Disability? Do you have questions about your rights or eligibility for these programs? Don’t struggle on your own. Our experienced Social Security Disability lawyers will help you through the claims process.
At Daggett Shuler, your SSD or SSI case will be handled by an attorney with extensive experience handling cases before judges in North Carolina and across the nation. We will fight to get you the benefits you are entitled to by:
It is essential to have a local North Carolina Social Security disability lawyer on your side. Many who represent claimants in Social Security Disability cases are not attorneys. Others are attorneys from outside North Carolina—and are unfamiliar with local Administrative Law Judges.
The first step is completing the application, which is reviewed by Disability Determination Services (DDS). If the application is denied, you must file a request for reconsideration, which is an appeal of the unfavorable determination by DDS. This is simply a second review by DDS of your disability claim. Most applications and requests for reconsideration are denied by DDS.
If the request for reconsideration is denied, you can file a request to have a hearing in front of an Administrative Law Judge. At the hearing, your attorney will present legal arguments and medical evidence in support of your disability claim, solicit testimony from you about your medical condition and functional abilities, and question the vocational expert. Carefully reviewing all of the evidence and legal arguments, the judge will issue a decision.
If you receive an unfavorable decision from the Administrative Law Judge, you can file an appeal with the Appeals Council. The Appeals Council reviews the unfavorable decision to see if it is supported by substantial evidence and to make sure the judge did not make a legal error. The Appeals Council can reverse the judge’s decision and approve your claim, remand your case to the judge for another hearing, or deny your appeal.
If you disagree with the Appeals Council’s decision, you can file a lawsuit in federal court to further challenge the Social Security Administration’s unfavorable decision. If the district court upholds the unfavorable decision, then you can appeal the decision to the U.S. Circuit Court of Appeals and possibly the U.S. Supreme Court.
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are both federal programs administered by the Social Security Administration (SSA) that provide financial assistance to individuals with disabilities. In summary, SSDI is based on work history and contributions to Social Security through the FICA tax withheld from your paycheck when you were working while SSI is a needs-based program for individuals with limited income and resources. These programs have different eligibility criteria, benefit amounts, and health insurance implications. However, they differ in several key ways:
To determine whether you meet Social Security Disability requirements, the Social Security Administration (SSA) considers several factors related to your medical condition and ability to work. Below are the top five questions the Social Security Administration considers in determining whether you are disabled.
If you are currently working and your average monthly earnings are above a certain amount, the Social Security Administration will deny your claim and will not review your medical conditions. On the other hand, if you are working and your average monthly earnings are lower than a specific amount, the Social Security Administration will consider your claim and review your medical conditions. They will also consider your work activity when deciding whether you meet the requirements.
A main component of meeting Social Security Disability requirements is proving that you have a medical condition, either physical or mental, that makes it extremely difficult to perform even the most basic tasks such as sitting, standing, walking, or concentrating and maintaining focus. If your medical condition is this severe, then you may be disabled.
The Social Security Administration has created a list of impairments, including severe medical conditions. If a person has an impairment or medical condition that is on the list, then they are automatically considered to be disabled.
If your condition is not on the Social Security Administration’s list of impairments, you may still be considered disabled if your medical condition or impairment prevents you from doing the same work you did before you became disabled.
Suppose you cannot return to the type of work you performed before you became disabled. In that case, the Social Security Administration must prove that there is other work that you can perform. If the Social Security Administration cannot identify a significant number of jobs that you could perform with your physical and mental abilities, you may be disabled and eligible for benefits.
Social Security Disability Insurance (SSDI) through the Social Security Administration (SSA) provides financial assistance for sick or injured workers. Unfortunately, applying for these benefits can be complicated and frustrating, and legitimate claims are frequently denied.
Strict requirements make filing for Social Security Disability Insurance benefits difficult—and their high initial denial rate can be intimidating. The laws surrounding the benefits process form a complex web of strict qualifications and tight deadlines. Between 2001 and 2010, over 50% of all initial Social Security Disability claims were denied. While most claims are rejected because of an incomplete or inaccurate application, other reasons for a denial can include:
If your claim has been denied, there is still hope. The experienced Social Security Disability lawyers at Daggett Shuler Law can review all information related to your claim and help you build a strong case to appeal your initial denial. Our attorneys will fight for your claim and guide you through the difficult maze of the Social Security Administration (SSA).
If your claim is denied, you have the legal right to appeal the SSA’s decision within 60 days of the denial decision date. If you do not submit an appeal within that timeframe, the SSA will likely reject your request unless you have good cause for late filing.
Once an appeal is filed, you will typically wait between 12 to 18 months for a court date before an Administrative Law Judge. While certain circumstances—including substantial hardship, the imminent threat of homelessness, or an eviction or shut-off notice—may merit expediting a claim, the overwhelming backlog of hearing requests is the cause of the delay in scheduling a hearing.
The hearing provides an opportunity for claimants to present new evidence—including experts or witnesses who may testify on the claimant’s behalf. A Board-Certified Social Security Disability lawyer at Daggett Shuler can advocate for you and guide you through this entire process.
While any illnesses, injury, or condition—if severe enough to limit one’s ability to work—may potentially qualify an applicant to receive Social Security Disability (SSD) benefits, the Social Security Administration (SSA) provides a comprehensive list of impairments that potentially qualify for SSD benefits in their “Blue Book.” Please note that this list is not comprehensive.
The Social Security Administration (SSA) approves Social Security Disability (SSD) benefits on a case-by-case basis. They base the amount on an individual recipient’s past earnings, current earnings, and number of dependents, among other factors.
Any illness, injury, or condition may qualify for Social Security Disability (SSD) benefits. The Social Security Administration (SSA) considers an individual to be disabled provided their “disability has lasted or is expected to last for at least one year or to result in death.” A temporary disability expected to last more than one year may still qualify.
The Social Security Administration (SSA) does not limit how much a person receiving Social Security Disability (SSD) benefits can earn from investments, interest, or a spouse’s income. However, the SSA limits how much beneficiaries can earn through work to $1,180 per month for disabled applicants—or $1,970 per month for blind applicants.
While many potential applicants believe they must be out of work for six months to one year before applying for Social Security Disability (SSD) benefits, the Social Security Administration (SSA) has no such requirement. However, applicants must demonstrate their “disability has lasted or is expected to last for at least one year or to result in death” to qualify.
Social Security Disability (SSD) benefits are not guaranteed for life. Beneficiaries must meet ongoing requirements to continue receiving benefits. The Social Security Administration (SSA) conducts reviews to determine if disabling conditions have improved and applicants can return to work. If you are no longer disabled under SSA guidelines, SSD benefits may cease.
Unlike Supplemental Security Insurance (SSI), the Social Security Administration (SSA) does not apply an asset test for recipients of Social Security Disability (SSD) benefits. No limit is placed on assets, cash, or resources that an applicant can own. Therefore, there is nothing to prevent beneficiaries from owning the home and land they currently live on.
As you can see, the process to obtain Social Security Disability benefits is long, complicated, and full of difficulties. You need a strong advocate to guide you through the system, build a strong case, and represent you and your best interests to the Social Security Administration (SSA). We’re here to help guide you through the complicated SSD claims process. With a proven track record of success, our team of experienced attorneys understands the challenges SSD applicants face and is dedicated to assisting clients to secure the benefits they deserve. We provide personalized support, ensuring that your case is handled with care and compassion. Let us advocate for your rights and fight for the benefits you need and deserve.
Contact Daggett Shuler today for a consultation and take the first step toward securing your financial future.
Our attorneys have helped North Carolina residents recover from car accident injuries, workers' compensation claims, social security disability, personal injury claims, and more. Our clients know that we stand beside them when they are going through a difficult time. Read reviews from real clients, and if you had a positive experience with Daggett Shuler Law, please consider leaving a review.
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