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North Carolina Social Security Disability Lawyer

How Can A North Carolina Disability Lawyer Assist Your Claim?

People who have been denied social security disability benefits might be eager to apply again. If your application form has been rejected by the Social Security Administration (SSA), you must not get discouraged. You have the option to file an appeal. 

Seek advice from a North Carolina Disability Lawyer who will assist you in filing an appeal. They will also guide you on how to gather the necessary information required to prove your claim. This will help you to make the claim process convenient and easier. 

How Can A Social Security Disability Application Be Completed?

It can be quite challenging to complete the disability application, as it requires various details and accurate information. Navigating the appeals process is also a complex task that requires proper guidance. This is why considering legal assistance can prove to be beneficial for your case from beginning to end.   

The paperwork will be correctly prepared and all questions will be answered before sending your claim to Disability Determination Services (DDS). After that, the DDS will review your application. The initial determination will be made by the DDS as to whether you are disabled and how much your condition is affecting your capability to do any kind of work. 

A North Carolina Disability Attorney will determine which disability program is suitable for you. This will be done according to the eligibility criteria for each disability program and your work history. Your benefits will be determined by considering these parameters. 

Therefore, before beginning to fill out your application form, you must have legal guidance. All documents, including medical records, work history, social security number, age, and others must be gathered. This will help the application process.

Different Types Of Disability Benefits In North Carolina

There are various types of disability programs available in North Carolina. Some of them are discussed below:

SSD or SSDI programs

SSD

SSI and SSDI are the disability programs most relied upon. The Social Security Administration (SSA) provides these two programs for those who have been working for many years and who have now become disabled. Eligible claimants must have worked at least 5 of the last 10 years before they became disabled. 

Spouses or dependent children of the disabled can also receive benefits on behalf of disabled workers. Benefits are entirely based on the earnings and work history of the disabled worker. The work history will determine the work credits a worker has earned during the time he has worked. 

Disabled Widow or Widower Benefits (DWB)

This program is intended for widows and widowers who are more than 50 years and who have become disabled. The disability must have developed within 7 years of when their spouse died. However, the widower or widow must also have been married for at least 10 years to the individual who has died. 

Disabled Adult Child Benefits (DAC)

This program is intended to provide for children who are disabled and  between the ages of 18 and 22. These children will be considered eligible if their parent has received social security retirement benefits and has died. 

What Are The Eligibility Criteria To Attain Social Security Disability?

There is a specific process created by the SSA to analyze all applications to determine eligibility. To be approved for a disability claim, you must meet the following requirements:

  • You must have been disabled;
  • 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. 

However, there are other eligibility criteria as well that must be considered when preparing the claim. You can take advice from a social security disability attorney in North Carolina if you have any questions about the review process. 

There are different disabilities which can lead to successful claims in North Carolina. Some of them are:

  • 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.

When Are People Denied Social Security Disability? 

Many times, the initial application of the claimant is denied or rejected. However, rejected claimants may file appeals, and adopting the right approach helps them in gaining benefits on appeal. Usually, there are specific reasons for denial. Some of them include:

Criminal Conviction: Some claimants have a criminal background. The applications of a criminal will be denied if the disability was caused while committing any felony. Some people murder their spouses and claim themselves widows or widowers to receive benefits. These applications are also rejected by the SSA.

Fraud: Some applications are based on lies and providing false information. These claims are rejected and come under fraud with the social security administration.

Short-term disability: if your disability is not severe enough to prevent you from doing any work then your application will be denied. However, claimants who are blind are eligible for certain benefits. 

Failure to cooperate: Some applicants might not cooperate with the SSA and are not willing to submit their medical records. This will inevitably result in denial of benefits. Claimants who are not ready to undergo medical examination or who do not appear for hearings or forward paperwork in a timely fashion will be denied with the social security disability.

Disability arising from alcohol or drug: If the cause of your disability is alcohol or drug use then you will not qualify for disability benefits. 

Contact Us Today for any queries regarding disability benefits. You will be advised on how to apply, which programs are best for you and what steps you must take if your application is rejected.

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