Social Security Disability Resource Center
What is the criteria for disability? |
Will I Qualify For Disability in NC? |
How long does disability take in NC? |
Hiring a Qualified Disability Lawyer in North Carolina
Claimants filing for disability in North Carolina can expect to find an approval rate of between 24-30 percent, meaning that between 70 and 76 percent of claimants will face the likelihood of entering the appeal process. However, individuals who are represented on SSD and SSI disability claims in North Carolina tend to have a higher rate of approval, a need for fewer appeals, and more favorable "dates of onset" (the date the claimant's disability is proven to have started) that can result in higher amounts of back pay.
Social Security Representation may be obtained through a disability lawyer or a specialized non-attorney disability representative. Many non-attorney representatives are former Social Security Administration Claims Specialists and Disability Examiners with an extended history of working from within the federal system. The author of SSDRC.com, Tim Moore is a former disability examiner.
A qualified disability representative will have a knowledge of Social Security administrative law, particularly with regard to how claims are approved through the Social Security listings and the medical vocational grid rules.
A qualified and competent disability representative or lawyer will also be skilled in the ability to obtain the most relevant case evidence, analyze it correctly, and incorporate it as part of a winning strategy for a claim.
It is in this area that unrepresented claimants often place themselves at a disadvantage because, to win a case, it is not sufficient to simply submit medical records, even in great quantity.
The medical evidence must be recent in order to establish that the individual is currently disabled. It must also address the issue of onset, i.e. when the disability began, so that the claimant will be able to obtain the full amount of back pay for which they are eligible. However, most importantly, the evidence must be reviewed and analyzed to determine if the claim can be won either on the basis of:
A) The claimant having a medical condition that is contained within the Social Security list of impairments (most claims are not won this way), or
B) The claimant having enough functional limitations that they cannot be expected to resume work activity, either in doing a past job, or some type of other work based on their skills, age, and education.
This type of approval is known as a medical-vocational allowance and it is through this means that the majority of approved claims are won.
Because the majority of disability claims are not self-evident and must be proven, it is in this area of focus that a winning case is actually "built". And this is why representation is critical at the disability hearing level, and at the lower levels (disability application and reconsideration appeal) may be crucial as well in many instances.
The experience most NC claimants have after filing for disability
Disability claimants in North Carolina typically experience the Social Security system in this manner: a claim is filed, the claim is denied at the disability application level, a request for reconsideration appeal is filed, that appeal is also denied, and then the second appeal, the request for hearing before an administrative law judge is filed.
In the great majority of cases, if a claim is denied initially, meaning at the application level, then it is almost a sure bet that the claim will be denied on the first appeal, the request for reconsideration. This is because the process does not change at the reconsideration level, other than the fact that a different disability examiner will make the decision on the claim.
In most states, in fact, more than 80 percent of reconsideration appeals are denied. In North Carolina in most years, approximately 86 percent of all reconsiderations are turned down.
Because the chances of being approved on a reconsideration appeal in North Carolina are rather slim, a claimant who has been denied on a disability application should consider finding representation, provided by either a disability attorney or a non-attorney disability representative.
This is for a number of reasons, the most obvious of which is the fact that at the next appeal level, the hearing level, it is completely inadvisable to appear before a judge without the benefit of a representative who is knowledgeable about applicable federal regulations, Social Security court rulings, and the medical-vocational grid rules that direct decisions on the majority of claims.
Going to a disability hearing alone presupposes that a claimant has an indepth understanding of Social Security administrative law and procedure. And this is almost never the case.
However, there are other reasons for being represented on a claim, as well as reasons for being represented prior to the hearing level, and even prior to being denied the first time.
An NC disability representative will ensure that appeal filing deadlines are met, that questions and inquiries brought by up the Social Security office or disability determination services (DDS is where all disability examiners, who make decisions on SSD and SSI claims, are based) are appropriately responded to, and that the status of the case is known at all times.
A disability representative in North Carolina may assist a claimant with completing their initial claim paperwork, ensuring that the information provided is detailed, accurate, and, thus, optimal for the claim. A disability representative may also, in certain instances, be able to engage in case development that results in the claim being won at an earlier level, i.e. without the need for a hearing. When this occurs, a claimant may save many months of valuable case processing time and receive their benefits and back pay considerably sooner.
It is important to remember that this is not always the case, but the real purpose of a disability representative, lawyer or non-attorney, is to shepherd the claimant's case so that they receive the most favorable outcome possible.
Filing for NC disability benefits
Applying for Disability in North Carolina - How to apply, qualify, and meet filing requirements
Applying for NC disability benefits
More about filing for disability benefits in North Carolina
How to claim disability benefits in North Carolina
What happens on a disability application in North Carolina?
How long will it take to receive NC disability benefits if your application is approved?
Basic questions about disability benefits in North Carolina
How much can you receive in disability backpay in North Carolina?
How far back do you get disability benefits in North Carolina?
Can You Work and Collect Social Security Disability in North Carolina?
How to Get the Status on Your Social Security Disability Claim in North Carolina
How do I get help to win my disability claim in North Carolina?
The disability process in North Carolina
What condition or conditions qualifies for disability in North Carolina?
How long does it take to get through the disability system in North Carolina?
Is it hard to get disability benefits in North Carolina?
What are my chances of being approved for disability benefits in North Carolina?
How long does it take to receive North Carolina disability benefits after you are approved?
Disability determination services in North Carolina
Disability decisions in North Carolina
How long does it take for the disability decision in North Carolina?
How does the North Carolina Social Security disability determination process work?
Getting disability benefits in North Carolina
Getting denied for disability in North Carolina and filing appeals
What does getting disability benefits in North Carolina involve?
How to get on disability in North Carolina
NC Disability requirements and qualifications
Will I Qualify For Disability Benefits in North Carolina?
What is the criteria for disability benefits in North Carolina?
What are the disability qualifications in North Carolina?
Proving the requirements for disability in North Carolina
How do you meet the Disability qualifications in North Carolina?
SSI and Social Security Disability requirements in North Carolina
How do I Know If I Qualify For Disability in North Carolina?
Winning Disability benefits in NC
How do I win disability benefits in North Carolina?
Improving your chances of getting disability in North Carolina
How to improve the chances of winning a North Carolina disability hearing
Will an attorney or representative help me win North Carolina disability benefits?
Winning disability benefits in North Carolina
Mental Disability benefits in NC
Receiving disability for a mental condition in North Carolina
How do you receive benefits for a mental disability in North Carolina?
Getting approved for mental disability benefits in North Carolina
Disability awards and award notices in North Carolina
Getting a Social Security disability award in North Carolina
The Social Security disability award notice process in North Carolina
What affects how much time it takes to get a disability award in North Carolina?
Disability representation in North Carolina
Should I get a disability representative or lawyer in North Carolina?
Who can provide disability representation in North Carolina?
Hiring a Qualified Disability Lawyer in North Carolina
How do Disability Lawyers in North Carolina get paid their fees?
Denied for disability in North Carolina, should I get an attorney or representative?
Disability attorney fees in NC - paying your lawyer or representative
How does a disability lawyer or representative get paid in North Carolina?
How much does the fee cost for a disability attorney in North Carolina?
Do you pay your disability lawyer in North Carolina or does Social Security pay the fee?
Will your North Carolina disability lawyer charge you upfront for taking your case?
Will your NC disability attorney charge you for any expenses other than the main fee?
NC disability hearings
What kind of decision will you get at a disability hearing in North Carolina?
NC disability hearing - how long for a decision?
Do you have to go to a Social Security hearing in North Carolina to get approved for disability?
The disability hearing in North Carolina- things to keep in mind
How do you prepare for a disability hearing in North Carolina?