Social Security Disability

Social Security Disability Lawyers in Charlotte

Compassionate Legal Services from a Team Committed to Helping Individuals with Disabilities Obtain the Financial Support They Deserve and Require

Individuals who are disabled due to serious injuries, illnesses, or chronic pain and suffering may be eligible to receive Social Security disability benefits, provided they meet the eligibility criteria and successfully apply. In an ideal world, obtaining the financial assistance you need should be a relatively simple endeavor, but the Social Security system often makes disability cases seem overly complex for those in need. If you are hoping to obtain benefits in your Social Security disability case, we recommend seeking legal representation well-versed in these legal matters. Our Charlotte, North Carolina-based law firm has extensive experience in this practice area and can assist disabled clients throughout the process to help them obtain the benefits they seek.

Even for those with a severe disability, there can be a reluctance to seek support both from lawyers and from the Social Security Administration. However, if you do not seek Social Security benefits, the financial stress of your situation could worsen and have a long-lasting and negative impact on your quality of life. While no benefits may ever be able to undo the pain of a debilitating injury or illness, the support you acquire could ease your financial situation, allowing you to go through life without the burden of your disabilities affecting your finances.

As your Charlotte disability lawyers, we will explore all legal options to get you the help you need from the Social Security Administration (SSA), including determining your eligibility, submitting the initial application with supporting evidence, and navigating the appeals process if you are denied benefits. 

Many individuals believe they can navigate the system on their own, only to encounter unforeseen challenges and difficulties in obtaining benefits. There are several advantages to retaining professional legal guidance for those with Social Security disability claims. To learn more, please contact our Charlotte law firm to schedule your consultation with our legal team today.

What Federal Programs Provide Social Security Disability Benefits to Individuals in North and South Carolina? 

The federal government offers two different programs that provide benefits based on disability, blindness, and other eligibility criteria. These programs are administered by the Social Security Administration and funded in different ways.

The first major disability program you should be aware of is Supplemental Security Income (SSI), which provides financial assistance to low-income individuals with disabilities and people over 65. The purpose of SSI benefits is to assist disabled, low-income individuals in meeting their basic needs, such as housing or shelter, food, clothing, and other daily costs. Many individuals may qualify for Supplemental Security Income, whether because they are disabled, totally or partially blind, or at least 65 years old. Additionally, children under the age of 18 may also apply for SSI benefits, provided they have qualifying disabilities or are blind. The Social Security Administration describes eligibility requirements in strict and minute detail on its website. Many individuals hoping to secure benefits from the Supplemental Security Income program find it difficult to apply, and all are advised to seek professional legal support in these matters.

The other major federal disability benefits program is Social Security Disability Insurance (SSDI). This program provides financial assistance to people with substantial work history who have developed serious disabilities that have lasted at least a year, will last for the next year, or will ultimately result in their death. The SSDI program is funded by Social Security taxes, which are deducted from workers’ paychecks. In addition to paying SSDI benefits to disabled Americans with substantial work credits, the SSDI program also offers other benefits, such as disabled adult child benefits, widower’s benefits, and disabled widow’s benefits.

What Are the Differences Between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)?

Although both SSDI and SSI benefits are intended to provide financial support to disabled individuals in need, there are several key differences in how these programs operate and who may be eligible to receive benefits.

Social Security Disability Insurance was designed to assist disabled individuals with the necessary work history who have suffered a new disability that has already lasted a year, will last for an additional 12 months, or will likely result in their death. Only individuals with substantial work credits can hope to secure benefits with a SSDI claim. Supplemental Security Income, on the other hand, is meant to assist low-income disabled individuals with their daily expenses. SSI benefits are typically reserved for those who have never been able to work, have not worked long enough to acquire the necessary credits, or whose employment was not recent enough to qualify for SSDI benefits.

Whereas Social Security Disability Insurance is funded by federal payroll taxes, such as FICA and SECA, Supplemental Security Income is funded by general tax revenues.

Our lawyers have in-depth knowledge serving as Social Security claimant representatives, and we would be proud to assist you with your SSD claims seeking financial support from the federal government. To learn more, please get in touch with our law office to schedule your initial consultation today.

Are You Eligible for Disability Benefits? 

Both federal Social Security disability benefit programs have strict eligibility requirements, but they differ in other respects.

Social Security Disability Insurance is provided to individuals who have earned enough work credits by working for an extended period and paying the necessary Social Security and Medicare taxes. The Social Security Administration usually determines whether an individual meets the work history requirements by assessing whether they have worked for at least 5 of the last 10 years and earned the minimum number of work credits during that time. Other requirements for SSDI benefits include paying payroll taxes during the five-year window of time, evidence that the disabled individual cannot work due to their serious physical or mental health condition, and proof that the disability will continue for at least a year or otherwise result in their death. Additionally, applicants must have become disabled before reaching the full retirement age.

The Social Security Administration keeps a long list of earnings, payments, and non-monetary assistance that it considers countable income when determining whether an individual has limited enough assets to qualify for Supplemental Security Income. Essentially, any items that you receive every month that can be used to obtain food or shelter can be counted against your eligibility for SSI benefits according to the Social Security Administration. There may be certain exclusions, such as the first $20 earned each month, income set aside for self-supporting finances, rent subsidies under HUD programs, Specific state or local assistance programs, impairment-related work expenses, and other examples. Countable resources that can be considered in determining your SSI eligibility include bank accounts, land and vehicle ownership, life insurance policies, cash, and anything else that could be exchanged for cash and used for food or shelter.

What Types of Medical Impairments May Count as Qualifying Disabilities? 

In addition to meeting the financial requirements and work history criteria, individuals must have the necessary medical conditions to qualify as being disabled in the eyes of the Social Security Administration. Your disabling conditions must be serious enough to significantly affect your ability to perform your work-related duties at either your previous job or any future place of employment. While certain medical conditions may automatically qualify as disabilities, other conditions must be severe enough to be deemed disabilities by the SSA.

Examples of disabling conditions that the Social Security Administration typically recognizes for those seeking benefits include the following:

  • ALS
  • Blindness, visual disorders, and loss of special senses such as speech or hearing
  • Cancer, particularly extreme forms of cancer, can result in death. When evaluating cancer diagnosis, the USA considers the origins of the illness, how the cancer may respond to chemotherapy and other forms of health care, and the life expectancy of the individual with cancer 
  • Certain mental health disorders, Such as schizophrenia, severe depression, bipolar disorder, obsessive compulsive disorders, extreme anxiety, intellectual disorders, autism, and more
  • Chronic heart failure and other cardiovascular system disorders
  • Coronary artery disease
  • Degenerative disc disease
  • Dementia
  • Digestive disorders, such as chronic liver disease, inflammatory bowel disease, intestinal failure, and more
  • Early-onset Alzheimer’s disease
  • Endocrine disorders, such as thyroid gland disorders, adrenal gland disorders, diabetes, pituitary gland disorders, hyperglycemia, and more
  • Hematological disorders, such as bone marrow disorders, thrombosis disorders, anemia, sickle cell disease, and more
  • Immune system disorders, such as HIV, aids, and other autoimmune illnesses
  • Multiple sclerosis
  • Musculoskeletal disorders such as a personal injury that causes significant impact to the spine, neurological dysfunction, inflammatory arthritis, fractures caused by cancer, and more
  • Neurological disorders
  • Nervous system disorders, such as epilepsy or cerebral palsy
  • Parkinson’s
  • Respiratory disorders
  • Severe rheumatoid arthritis 
  • Some chronic skin disorders
  • Strokes
  • And more

The above-mentioned disorders are by no means an exhaustive list of the many different disabilities that may affect a person’s ability to perform work duties and thus qualify them for benefits. Additionally, even if an individual has one of the qualifying conditions, this does not necessarily mean they are eligible for benefits, as multiple forms of evidence may be required, such as medical test results, testimonies from doctors or mental health professionals, and other forms of evidence. 

With the many factors that go into determining an eligible disability, you need someone experienced with Social Security disability law to assist you through the claims process in pursuit of financial assistance. Contact us today.

When Can Disabled Individuals Apply for Benefits? 

We strongly recommend that any individual with a disability that affects their capacity to perform regular work duties seek disability benefits as soon as they become disabled. There can be a long process between the initial application and the time at which the SSA approves applicants for benefits, so the sooner you get started, the better. The Social Security Administration can take up to five months to process new applications, and there is a mandatory waiting period of five months between the original onset of your disabling conditions before you can hope to receive your first disability check. So, if you believe you have a disability that affects your ability to return to work and meet your daily expenses, you should take action right away.

It’s also worth noting that more than half of initial benefit applications are denied by the SSA, which can, of course, further prolong the process. With our assistance, we can help you prove the extent of any temporary or permanent disabilities, complete all application forms appropriately, and ensure that they are submitted in a timely fashion.

In certain situations, it may be possible to receive benefits faster, such as through compassionate allowances or presumptive disability programs. Although rare, some individuals may qualify for SSI benefits due to presumptive disabilities or expedited reviews under the compassionate allowance program. These initiatives enable individuals with the most severe disabilities to be approved, sometimes only temporarily, in a matter of a couple of weeks instead of several months.

Do You Need Legal Help from Charlotte Disability Attorneys Submitting Your Initial Application?

The first step toward obtaining Social Security disability benefits is the original application. These applications can be lengthy, require a great deal of information, and can sometimes be confusing to some individuals. Because of the complexities of the initial application phase, many hopeful applicants find things too daunting. They may surrender before ever completing and submitting their applications. Still others may submit the application but make mistakes, such as leaving out important information, which can result in a denial of benefits.

The most opportune time to consult with our Charlotte disability lawyers is before you file your initial application. Our lead attorneys and support staff will help you gather all the necessary medical evidence, ensure that all forms are completed accurately, and assist you in building a compelling claim to increase your chances of approval. 

By establishing your detailed records, complete with medical treatment history, work credits, and more, it may be possible to submit a convincing case from the beginning and avoid the need to take your case to the appeals council or appear in federal court.

What if Your Disability Claim is Denied? 

There are several complex guidelines and procedures that all applicants must follow to be approved for Social Security disability benefits. Unfortunately, many benefits applications are denied, and applicants feel they should give up right then and there.

If your SSD claim was denied, you may be eligible to appeal the decision with the help of our Charlotte disability attorneys.

Many hopeful applicants wonder whether to appeal the decision or file a new application. Our SSD attorneys generally recommend that you consider pursuing an appeal rather than simply filing a new application for several reasons. Perhaps chief among the many reasons is that, unless there is new significant information about your disability case, the new claim will likely also be denied, just like the first one was.

How Can an SSI/SSD Attorney Help You Through the Appeals Process? 

If your initial claim was denied for any reason whatsoever, our attorneys will review your case to determine whether you should file an appeal and go through the necessary legal process of seeking a more favorable outcome upon reconsideration. 

At the reconsideration stage, your initial application is reviewed by an individual at the disability determination services office who was not initially involved in the decision to deny your claim. All previous evidence, as well as any new supporting evidence, such as work history credits or medical records, will be considered at this stage. Requests for reconsideration must be submitted within 60 days of the date on your denial notice.

If the reconsideration phase does not reach any satisfactory conclusion, you can request a hearing before an Administrative Law Judge (ALJ). In many cases, this is your best chance of being approved for benefits. Before the hearing commences, you may be asked to provide additional information about your disability claim. At the hearing, you and any expert witnesses may be questioned by the ALJ before the judge renders their decision.

If the ALJ does not render a decision in your favor, you may request a review by the appeals council, which is made up of several Administrative Law Judges. A request for an appeals council review is not always granted. If accepted, it may uphold, change, or reverse the previous judge’s decision.

The last possibility in the appeals process is that, if the appeals council decision does not go your way, you can file a lawsuit in federal court. Our firm will be by your side throughout the entire process to make sure you make informed decisions about the progress of your case.

Contact Our Law Firm for a Case Evaluation with Our Charlotte Social Security Disability Attorneys Today

If you have a disability that prevents you from substantial gainful activity, or you meet other eligibility requirements, our law firm is here to assist you in pursuing benefits from the Social Security Administration. Depending on your unique circumstances, you may qualify for SSI, SSDI, or other benefits, so we must review your eligibility for each program.

Our legal team operates on a contingency fee basis, meaning we do not charge you anything in legal fees unless and until we reach a satisfactory conclusion to your case. Additionally, we offer consultations to prospective new clients interested in retaining our legal services.

You mustn’t delay seeking legal representation. To get started, please contact our Charlotte law firm to schedule your consultation today. You can reach us at 704-385-5281.