North Carolina Disability Lawyer

Disability benefits provide North Carolinians with crucial financial support. Monthly payments through Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are available to those who qualify. If you are disabled and in need of disability benefits, a North Carolina disability lawyer can help. 

At Chermol & Fishman, LLC, our experienced attorneys provide valuable support and skilled legal representation with disability claims. We can help you through every step of the application process and appeals process, if necessary. Contact us now at 1-888-774-7243 for a free case evaluation.

How Can A North Carolina Disability Attorney Help You?

The Social Security program offers SSI benefits and SSDI benefits to those with qualifying mental and physical impairments. The Social Security Administration (SSA) has strict eligibility criteria to receive these benefits. Moreover, the application process can be challenging for those who are unfamiliar with the forms and SSA requirements. 

Knowledgeable guidance can be essential to avoiding common errors that may result in delays and denials. Disability attorneys can help disabled people understand:

• Eligibility requirements and determine whether they could apply for SSI, SSDI, or some other program.
• Gather crucial supporting documentation including proof of identity, evidence of disability, and financial situation.
• File the initial claim including completing forms and submitting the application.
• Respond to requests from the SSA and monitor the status of the disability claim.

 Additionally, disability lawyers can handle any appeals or reapplications in the event of a denial. This can include identifying the reason for the denial, filing the appropriate motions, and representing you during the appeals process.

What Types of Disabilities do Disability Lawyers Handle in North Carolina?

There are different disabilities which can lead to successful claims in North Carolina. Some of conditions that our lawyers for social security disability handle include:

• Muscular disorders such as amputation or osteoarthritis;
• Speech disorders such as loss of speech;
• Digestive disorders such as inflammatory bowel disease (IBD) and liver dysfunction;
• Skin disorders such as dermatitis or burns;
• Cardiovascular disorders such as chronic heart failure, or a heart transplant;
• Depression;
• Dementia;
• Autism;
• Emphysema.

SSDI and SSI Benefits in North Carolina

SSI and SSDI disability payments are available to disabled individuals. In general, applicants for both programs must be unable to participate in substantial gainful activity. However, it is essential to note the differences between the programs.

• Social Security Disability: SSDI is available to individuals with a qualifying medical condition that has lasted or is expected to last twelve months. Moreover, applicants will need to have sufficient work history and have paid in to the Social Security system through their payroll taxes. The number of required work credits is based on the person’s age. A lawyer for SSDI can help you calculate the number of work credits you need and if you qualify. 
• Supplemental Security Income: SSI is available to low income disabled, blind, or people age 65 or older. To qualify, applicants will need to meet the health condition or age criteria and have limited income or resources. A disability lawyer can assess your situation to determine whether you may qualify for SSI payments.

Eligibility Criteria For Social Security Disability In North Carolina

The disability determination is a critical aspect of the SSDI claim process. Under disability law, only individuals that meet the SSA criteria, have a qualifying impairment, and are unable to participate in substantial gainful activity may receive SSDI. 

To be approved for a disability claim, you must meet the following requirements:

• You must have a qualifying impairment;
• You must be unable to do any work at any job reasonably available in the local economy;
• The disability must be expected to last for at least 12 months or more. 

Providing thorough medical evidence is critical to your claim. You will want medical records that show the disability onset date, prove that you have a continuing disability, and the extent of the disability. Disability attorneys in North Carolina can help to prepare this information and present it with your SSDI claim.

How To Apply For Disability Benefits In North Carolina?

The Social Security application can be complicated to complete. Claimants will need to understand which program to apply for and the information required to support their claim. A thorough, accurate, and complete application is vital to avoid delays and denials. 

To apply for disability benefits in North Carolina, you will need to: 

1. Determine Your Eligibility: First, you will need to determine if you are eligible for SSDI or SSI. This means reviewing your medical, financial, and work history to identify which program is right for your situation.
2. Gather Documents: You and your lawyer will need to gather supporting evidence including proof of identity, medical records, and financial statements. 
3. Complete the Application: After you have gathered the necessary evidence, your attorney can complete the required forms and file them with the SSA. 
4. Independent Medical Evaluation: In some cases, the SSA may request an independent medical evaluation with an approved healthcare provider to confirm your eligibility for benefits.
5. SSA Review: After receiving all forms and requested information, the SSA will review your application. A decision may take several months.
6. Receive a Decision: The SSA will issue a decision approving or denying your claim.
7. Appeal Options: If your claim is denied, you may be able to reapply for benefits or start the appeals process. The first step of the appeals process is a motion for reconsideration. After reconsideration, you may request a hearing with an Administrative Law Judge, then the Appeals Council, and, finally, federal court.

What To Do If Your SSDI Claim Is Denied

If your SSDI claim is denied, you may have the option to reapply for benefits or appeal. A reapplication may be advisable if your circumstances have changed since your first application. Additionally, your attorney can help you explore other benefit options. 

Multiple levels of appeal are available if you believe your claim was erroneously denied. The appeals process includes:

• Reconsideration: The first step is to request reconsideration from the SSA. During this stage, the SSA will again review your application for benefits.
• ALJ Hearing: If the reconsideration is unsuccessful, you can request review from an Administrative Law Judge (ALJ). 
• Appeals Council: If the ALJ agrees with the SSA’s decision, you can take your appeal to the SSA’s Appeals Council. 
• Federal Court Review: Finally, once you have exhausted all administrative options, you can appeal the denial to the federal court system.

Time is of the essence if your claim has been denied. You have just 60 days to file a request for reconsideration. If you miss this deadline, you may lose your right to appeal the decision. An experienced disability attorney can help you determine the deadlines in your case and make timely filings.

Contact Our North Carolina Disability Lawyers For A Free Consultation

Whether you are just filing your initial claim or need to meet the appeal deadlines, an experienced North Carolina disability attorney can provide you with the legal support you need. Understanding the Social Security system is complex. Finding an attorney that can help you navigate it can give you peace of mind that your claim is being knowledgeably handled. 

If you are applying for SSDI or SSI benefits, you don’t need to go it alone. The Social Security attorneys at Chermol & Fishman, LLC are here to assist you. Call us now to schedule your free consultation: 1-888-774-7243.