Navigating the complex world of Social Security Disability (SSD) benefits can be overwhelming, especially when you’re already managing health challenges. According to the Social Security Administration, a person is considered disabled if they have a medically identifiable physical or mental condition that prevents them from performing substantial gainful work and is expected to last at least 12 months or result in death. This definition is strict, and the application process is rigorous. At O’Malley Tunstall, PC, we understand these challenges and provide specialized legal assistance to help you secure the benefits you deserve.
Law Firm for Social Security Disability: An Overview
- Only one-third of initial Social Security Disability applications are approved, making professional representation crucial for success.
- Working with an experienced disability attorney can triple your chances of securing benefits compared to applying without legal help.
- The SSA’s five-step sequential evaluation process requires substantial medical evidence and proper documentation that attorneys know how to present effectively.
- Attorney fees for Social Security Disability cases are regulated by federal law and typically capped at 25% of past-due benefits.
- Contact O’Malley Tunstall, PC at (919) 277-0150 for a free consultation with our board-certified disability specialist.
Understanding Social Security Disability Benefits in Raleigh, NC
To qualify for SSD benefits, you must first have worked in jobs that pay into Social Security and earned sufficient work credits. You must pass two different types of earnings tests: the recent work test and the duration of work test. For example, in 2022, you would receive one work credit for each $1,510 earned at work, with a maximum of four credits per year.
If you haven’t earned enough credits, you may still qualify for Supplemental Security Income (SSI), which is a need-based program that requires individuals to meet income and asset standards in addition to being found disabled.
Why Are So Many Social Security Disability Claims Denied?
Many SSD claims are initially denied for various reasons:
- Insufficient medical evidence to prove your disability
- Failure to attend consultative examinations
- Missing or incomplete application information
- Conflicting information in your medical records
- Conditions that don’t meet the SSA’s strict definition of disability
The good news is that a denial doesn’t mean the end of your case. You have 60 days to request a reconsideration after your initial application is denied. If the reconsideration is unsuccessful, you can take the next step by appealing the decision through a hearing with an Administrative Law Judge.
The Value of Having a Social Security Disability Lawyer
Improved Chances of Success
Statistics indicate that disabled individuals are three times more likely to secure benefits if they work with an attorney than those without legal representation. This significant advantage occurs because experienced disability lawyers understand what the SSA looks for in a successful application.
At O’Malley Tunstall, PC, our board-certified Social Security Disability attorney, Susan M. O’Malley, has decades of experience handling SSD claims. As an original board member on the state’s specialization committee and past Chair of AAJ’s Disability Section, she brings unparalleled expertise to your case.
Expert Navigation Through the Process
The SSD application process involves multiple steps:
- Filing your initial application
- Gathering comprehensive medical evidence
- Responding to Disability Determination Services requests
- Preparing for reconsideration if denied
- Representing you at an Administrative Law Judge hearing
- Escalating to the Social Security Appeals Council if necessary
- Filing a lawsuit in Federal Court as a last resort
A knowledgeable SSD attorney can guide you through each step, ensuring you meet all deadlines and requirements. This expertise is particularly valuable during hearings, where you have a key opportunity to explain your condition to the SSA in your own words.
Proper Evidence Collection and Presentation
Your Social Security Disability case hinges on medical evidence. Our attorneys know how to:
- Obtain comprehensive medical records from all your providers
- Work with your doctors to get detailed statements about your limitations
- Request specialized medical examinations when necessary
- Present evidence in the format most persuasive to the SSA
Cost-Effective Representation
Many people worry about the cost of hiring a disability lawyer. However, Social Security Disability attorneys work on a contingency fee basis, meaning:
- You pay no upfront costs
- Fees are collected only if you win your case
- The fee is limited to 25% of your past-due benefits, capped by federal regulations
- All fee agreements must be approved by the SSA
This payment model makes legal representation available to all, regardless of financial situation.
When to Hire a Social Security Disability Lawyer
The best time to contact a Social Security Disability lawyer is as soon as you believe your condition meets the SSA’s criteria for disability. Early involvement allows your attorney to:
- Help you properly complete your initial application
- Ensure all necessary medical evidence is included from the start
- Avoid common mistakes that lead to technical denials
If you’ve already applied and have been denied, contact an attorney immediately. You have only 60 days to file an appeal, and waiting too long could jeopardize your right to benefits.
The Appeal Process: Where Lawyers Make the Biggest Difference
Most successful disability claims are won during the appeals process. The firm at O’Malley Tunstall, PC represents clients at all levels of appeal:
- Reconsideration: After an initial denial, your case is reviewed by a different examiner.
- Administrative Law Judge Hearing: Your best opportunity to present your case in person.
- Appeals Council Review: If the ALJ denies your claim, you can request a review by the Appeals Council.
- Federal Court: As a last resort, we can file a lawsuit in the U.S. District Court.
Our attorneys know what evidence is most persuasive at each stage and how to present your case effectively.
Why Choose O’Malley Tunstall, PC for Your Social Security Disability Case?
O’Malley Tunstall, PC has distinguished itself with its lawyers’ devotion to the injured and disabled people of Eastern North Carolina. Our client testimonials speak to our dedication and success.
Susan M. O’Malley is a North Carolina State Bar Board Certified Specialist in Social Security Disability law. This certification means she has demonstrated specialized knowledge and expertise in this complex area of law.
With offices in Raleigh and Rocky Mount, we serve clients throughout eastern North Carolina. We understand the local SSA offices, administrative law judges, and medical resources in our region, giving our clients a significant advantage.
Contact O’Malley Tunstall, PC for Social Security Disability Representation
Navigating the Social Security Disability system can be overwhelming, but you don’t have to do it alone. O’Malley Tunstall, PC, provides experienced legal representation to help you secure the benefits you deserve. Don’t struggle with your disability claim by yourself—contact our team now:
- Phone: (919) 277-0150
- Free Case Evaluation: Click here to schedule your consultation
- Address: 8300 Falls of Neuse Road, Raleigh, NC 27615
Frequently Asked Questions
What is the most a Social Security lawyer can charge?
Under federal regulations, Social Security Disability attorney fees are typically capped at 25% of the past-due benefits you receive. This means a lawyer generally cannot charge more than that percentage, regardless of the complexity of your case.
What is a Social Security lawyer?
A Social Security lawyer is a specialized attorney who helps you navigate the complex SSD system—from determining if you meet the SSA’s definition of disability to representing you in hearings and appeals. Our board-certified Social Security Disability attorney, Susan M. O’Malley, guides you through every step of the process with personalized attention.
When should you hire a Social Security lawyer?
You should contact a Social Security lawyer as soon as you believe your condition meets the SSA’s criteria for disability or if your initial SSD application has been denied. Early involvement by our team enables us to gather the essential medical evidence and file timely appeals to maximize your chances of securing benefits.
Where can I get a free consultation with a Social Security Disability lawyer in Raleigh?
O’Malley Tunstall, PC offers free consultations for Social Security Disability cases. Call us at (919) 277-0150, visit our contact page to schedule online, or visit our office at 8300 Falls of Neuse Road, Raleigh, NC 27615.
