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Reliable Social Security Attorneys Serving Raleigh

Social Security Disability Lawyers in Raleigh Fighting to Help Clients Obtain Full Benefits

If you have filed a claim for Social Security Disability Insurance (SSDI) benefits and have been denied, you must hire a knowledgeable lawyer to help you file an appeal. Most individuals who file for SSDI are denied the first time. However, an experienced disability lawyer can review your claim and help you fight for the benefits you need to give you a sense of security.

Brent Adams & Associates of Raleigh, NC, is a law firm dedicated to helping individuals obtain SSDI benefits. Our lawyers understand how the Social Security Administration (SSA) assesses claims and will put our knowledge to work for you.

If you or a family member has recently been denied benefits, you must hire a Social Security disability attorney to act as your legal advocate. In most instances, filing an appeal is time-sensitive, so you must ensure you meet all critical deadlines. Contact our law offices immediately and ask to schedule a free initial consultation so that we may review your claim and determine what legal options may be available.

What Are the Advantages of Hiring a Social Security Disability Lawyer?

Initially, many individuals applying for SSDI benefits do not feel they need to hire a lawyer. However, many people quickly realize that the claims and appeals process is far more complex than they first believed.

As a result, it is always best to hire an experienced lawyer to assist you with your SSDI claim.

Some of the most significant advantages of hiring a Social Security Disability lawyer include:

  • A knowledgeable lawyer will review your case and determine what type of disability benefits you may be able to claim
  • A lawyer can help you file a claim for the first time. One of the most common reasons first-time claims are denied is that they may be filled out incorrectly or missing key pieces of information
  • If your claim is denied, your lawyer can assist you with filing an appeal. You have 60 days to file an appeal if the claim is denied. However, the appeals process can be overly complex and challenging to try and navigate independently. A lawyer can assist you with understanding why the claim may have been denied and ensure that your appeal is filed within the 60-day time limit
  • If your appeal, also called a reconsideration, is denied for a second time, you will have another 60 days from the day you receive the notice in the mail to request a hearing, which is the second step in the appeals process. It is crucial that you have legal representation during this stage of the appeals process, as you will be presenting your case in front of an administrative judge
  • Your lawyer can help prepare you by explaining how the hearing process will proceed, determining what witnesses should be called on your behalf, and providing you with the necessary legal representation

Brent Adams & Associates has extensive experience with all aspects of the claims and appeals process and will work diligently to help you obtain SSDI benefits.

How Are Social Security Disability Benefits Calculated by the Social Security Administration?

One of the most critical factors the SSA uses when determining Social Security Disability benefits is their Average Indexed Monthly Earnings (AIME). AIME is the amount of time an individual has worked and their average income during that time period. A mathematical formula is used in conjunction with the AIME to determine the Primary Insurance Amount (PIA). The PIA is then used to calculate the SSDI amount.

However, individuals must have enough qualifying work credits and have worked long enough to be considered “insured” under the SSA’s guidelines. Typically, this is five out of the last ten years for individuals 31 and older.

Some other qualifications for eligibility include:

  • The applicant has paid into Social Security and has FICA or SECA taxes withheld
  • The applicant has been disabled for at least a 12-month period
  • The applicant’s medical condition prohibits them from engaging in work that provides more than a small amount of income or substantial gainful activity (SGA). SGA is based on an individual’s income while engaging in some type of productive work

If you still need help understanding what factors are used to calculate SSDI benefits, you need to consult with a qualified attorney from Brent Adams & Associates, who can answer your questions.

What Are Some of the Most Common Medical Conditions That Qualify for Social Security Disability?

While many medical conditions may qualify an individual for SSDI, there are several that the SSA more commonly accepts.

These conditions may include but are not limited to:

  • Back and neck disorders
  • Cancer
  • Chronic heart disease
  • Deafness and blindness
  • Mental health conditions
  • Multiple sclerosis
  • Neurological disorders
  • Obesity
  • Rheumatoid arthritis

However, it should be noted that because an individual suffers from one of the above-listed orders, a claim will not be guaranteed to be approved. The SSA considers many other factors when determining if an individual should be approved for SSDI benefits.

For this reason, hiring a Social Security Disability lawyer can give you an advantage. An attorney will review your medical records and ensure all pertinent information is presented to the SSA to help speed up the claims process.

Do You Have to Wait to File for Social Security Benefits?

According to the SSA, you should apply for North Carolina Social Security disability benefits as soon as you become disabled. The Social Security disability process can take a long time.

After your initial application, you must wait at least five months until you can start receiving Social Security disability insurance payments. The reason behind the five-month wait is to ensure that disabled workers and disabled North Carolina residents have a disability that is long-term in nature. For example, if you are no longer suffering from your disabling injury or illness at the end of the five-month waiting period, you are unlikely to qualify for a Social Security disability claim. After the five-month waiting period, the Social Security Administration will assess your physical or mental condition to determine if it qualifies for future benefits.

It can be difficult to wait five months before you are awarded disability benefits, especially if you are unable to work and not making any money. You could apply for financial assistance from programs such as Temporary Assistance to Needy Families or the Supplemental Nutrition Assistance Program (SNAP).

To ensure that your physical or mental impairment meets the SSA’s definition of a disability, please contact our Raleigh Social Security disability attorneys to discuss your questions and concerns in a free case evaluation. Our legal team has extensive experience in Social Security law and would be proud to assist you.

What is Supplemental Security Income (SSI)?

Supplemental Security Income (SSI) benefits are meant to provide financial support to disabled North Carolina residents whose income is below a certain threshold.

SSI income is a monthly financial assistance program to help qualifying individuals pay for basic needs like food, clothing, and shelter. It is possible to file your initial claim for SSI benefits on the same day that you also file for SSDI benefits. However, it is worth remembering that SSI benefits differ from SSDI benefits, mostly because SSI benefits do not require a certain amount of work experience or a history of paying taxes. Additionally, SSI benefits could be available to blind people as well as children with disabilities or individuals over the age of 65 who do not have a disability.

Many applications for Supplemental Security Income benefits are initially denied. If you have a medically determinable physical or mental condition that renders you unable to work and earn a living, it is recommended that you work with Social Security lawyers experienced in assisting disabled clients in the pursuit of disability benefits.

If you have received an initial denial from the SSA claiming that you cannot receive disability benefits from the Supplemental Security Income program, please contact our North Carolina State Bar-certified law firm to discuss your Social Security disability case in more detail. In addition to offering free consultations to prospective new clients, we also operate on a contingency fee basis — this means you will not owe us a dime in legal fees unless we can win your case.

When is a Person Eligible for SSI Benefits in North Carolina?

You must meet several criteria to qualify for SSI benefits in North Carolina. The three basic criteria are that an individual must either be aged 65 years or older, partially or completely blind, or have a qualifying disability.

If you meet one of the above, you must also meet the following criteria:

  • Have not been previously absent from the country for more than a full calendar month
  • Must have limited income
  • You are a United States citizen or U.S. national
  • You cannot be confined to an institution at the government’s expense, such as a prison, halfway house, or rest home
  • You must be a resident of one of the 50 states, the Northern Mariana Islands, or Washington, DC
  • You must be willing to give the Social Security Administration permission to contact financial institutions to confirm your financial status
  • You must have limited resources and assets

What Are the Primary Differences Between SSI and SSD Benefits?

The SSDI program is meant to support disabled workers who have developed disabilities and have a qualifying work history. While working and paying into Social Security, the newly disabled worker will have accrued work credits. These credits can determine whether they will be awarded benefits from the SSDI program.

The SSI program, on the other hand, is determined by age, disability, and financial resources. In most Social Security disability cases, SSI recipients almost automatically qualify for Medicare, whereas SSDI recipients may qualify after 24 months of SSDI benefits.

Can You Apply for Both SSDI and SSI Benefits?

It is technically possible under North Carolina Social Security disability law to qualify for both Supplemental Security Income and Social Security Disability Insurance benefits. However, these two different forms of disability benefits intertwine in a very complicated manner. If you are unsure whether you qualify for SSI or SSDI benefits, we recommend contacting our Raleigh, NC, law office to speak with a knowledgeable attorney about your case. It is possible that you may qualify for both benefits programs, in which case, our lawyers would be happy to assist you in your pursuit of benefits.

What Medical Evidence or Witnesses Will You Need at Your Hearing?

Reports from licensed medical providers are vital pieces of evidence to be used in your disability claim. If you want to ensure that your claims are not denied, you must attend your hearing with the administrative law judge with thorough medical records in hand. It is worth noting that doctors and other physicians are not asked to attend hearings or give depositions.

What Are Common Reasons for Denied Social Security Disability Claims?

North Carolina Social Security agencies render their decisions on whether to accept or deny your claims based on several factors. Are you working? Are you unable to perform the same line of work after your disability? If you cannot work at your current job, are there any other jobs you could perform? Is your disability severe enough to cause functional limitations? Is your mental or physical impairment listed by the government as a condition that grants disability status?

There are many reasons why the SSA could deny your claims. Perhaps the most common reason for the denial of a claim is a lack of medical evidence in the initial application. In order to properly assess your disability, disability determination services must have updated evidence of your injury or illness, as well as a comprehensive paper trail to support your medical treatment. If no such paper trail or evidence exists, the government agencies will likely believe that you are not struggling with your injury enough to be awarded benefits.

Another common reason claims are denied is a failure to cooperate with the SSA regarding your applications. You must follow all requests for additional information that the SSA asks of you.

What Are the Stages of the Appeals Process?

Were your Social Security disability claims denied? As frustrating as this may be, you still have legal options to request an appeal.

The stages of a Social Security disability appeal process in North Carolina are as follows:

  • The reconsideration level: if your initial application is denied, the first step is to request a reconsideration by the Social Security Administration. At this stage, someone who was not involved in the original review of your claim will be asked to participate in a new review and decision
  • Administrative law judge (ALJ) hearing: if the reconsideration level is unsuccessful, the next stage is to request an appearance before an ALJ
  • Social Security Appeals Council review: if the judge renders a decision that you disagree with, you can request a new review by the Social Security Appeals Council. The council can decide whether your case should be returned to an administrative law judge. It is at this stage, more than any other, that you should definitely hire a Social Security disability attorney
  • Federal court review (litigation): if every previous stage of the appeals process fails, you and your attorneys can file a lawsuit in a Federal District Court

What Makes Our Law Firm Stand Out Above Others?

Brent Adams & Associates of Raleigh, North Carolina, is a law firm that strives to maintain its hometown feel with our clients. You only pay us money if we win your case. When you choose us to handle your legal needs, our legal team will immediately begin to gather information and medical evidence to support your claim.

Our legal staff understands the toll the claims and appeals process can take on disabled individuals and their families. That being the case, we strive to inform you of any changes or progress so you always feel safe.

If you want to file a claim for SSDI or have recently been denied benefits, contact Brent Adams & Associates at 910-249-6891 and ask to schedule a free case review to learn your legal options.

Schedule a Free Consultation with an Experienced Raleigh Social Security Attorney Today

Our legal team has years of experience representing clients and complex Social Security disability cases. We would be proud to represent your legal rights and your interests as you pursue disability benefits for your mental or physical impairment. Before you file, we strongly encourage you to contact our North Carolina law firm to discuss your case in more detail. Our law firm offers free case evaluations to prospective new clients interested in retaining our legal services. In addition, we operate on a contingency fee basis, meaning that you do not pay us anything in attorney fees unless we successfully win your case.

If you would like to discuss your questions and concerns in more detail, please contact our Raleigh law office to schedule your free, no-obligation case evaluation today. You may reach the law offices of Brent Adams & Associates at 910-249-6891.