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Getting denied for disability in North Carolina and filing appeals
Because the rate of denial is high in North Carolina, you should not feel despondent it if you receive a notification of denial (known as a "notice of disapproved claim") in the mail.
A large percentage of claimants who are denied have a negative reaction to receiving one of these notices. Of course, this is hardly surprising. However, since getting denied for disability in North Carolina at the initial claim level is statistically likely, the best reaction that a claimant who has received a denial notice should have is to immediately request an appeal.
You have 60 days to file a disability appeal. And many claimants do wait until very close to the end of the appeal period to do this, sometimes actually missing the expiration of the appeal deadline...and having to start the process all over again.
When this happens they effectively lose several months in the process, significantly delaying the receipt of their benefits (something that most claimants cannot afford to do).
If your initial disability claim, i.e. Disability application, is denied, strongly consider finding disability representation. Here is the reason: the first disability appeal you file, known as the request for reconsideration, has approximately an 87% chance of denial. In various years, the rate of denial on this first appeal has bounced between 84 and 87%.
Suffice it to say, however, the chances of being approved on this first appeal are very low. This effectively means that a person who gets denied on their initial claim will, most likely, have to file not one but two appeals.
The second appeal will be a request for hearing before an administrative law judge. This is the disability hearing level.
At a hearing, the claimant does not want to appear unrepresented, simply because they will be unaware of how to properly prepare their case, as well as unaware of how to properly present the case to the judge. Presentation includes how to respond to hypothetical situations that may be brought up by a vocational witness who the judge has asked to appear and provide expert testimony for the case.
In addition to a vocational expert, the judge may, and often does, ask a medical expert (who is a licensed medical physician) to provide medical expert testimony at the hearing.
Dealing with expert witnesses at the hearing level is certainly part of the representation service that a disability lawyer in North Carolina, or a non-attorney disability representative in North Carolina, provides.
Finally a last note: regardless of whether or not you have representation on your disability claim, be sure to periodically check the status of your claim. Checking the status is very important.
For example, there are instances in which a claimant submits an appeal well before the required deadline. They do not call to verify that the appeal was received. They also do not perform a status check at some point on their case. If they had, however, they might've learned that the appeal that they sent was not actually received. The result is that they have now missed the appeal deadline.
Another example: Social Security denies the claim and sends out a notification of denial. The claimant, however, does not receive the notice, and likewise does not periodically call to check the status of the claim. If they had, however, they might've learned that the claim had been denied, and therefore been in the position to submit a timely appeal.
Of course, when appeals are not submitted before the expiration of the deadline, the claimant essentially has to start the process all over again from scratch. This basically amounts to having wasted several months of valuable time on the case.
Return to: Social Security Disability Resource Center, or read answers to Questions
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?