Navigating the complex Social Security Disability (SSD) benefits system can be overwhelming, especially when you’re already dealing with a disabling medical condition. Timing is crucial when applying for disability benefits, and knowing when to seek legal assistance can significantly impact your case’s outcome. At O’Malley Tunstall, PC, our board-certified Social Security Disability specialists provide expert guidance through every step of the process, from initial application to appeals, helping Raleigh residents secure the benefits they deserve.
Key Takeaways
- Disabled individuals are three times more likely to secure benefits with attorney representation compared to those without legal help.
- 70% of all Social Security Disability applications are initially denied, but many denials can be reversed through the appeals process.
- Strict deadlines apply at each stage of the application and appeal process, making timely legal consultation crucial.
- Working with an attorney costs nothing upfront—legal fees are only charged if you win your case and are capped at 25% of past-due benefits.
- Contact O’Malley Tunstall, PC at (919) 277-0150 for a free consultation with our board-certified Social Security Disability specialist.
Before You Apply: The Benefits of Early Legal Consultation
Understanding Eligibility Requirements
Before submitting your Social Security Disability application, you’ll need to know if you meet the Social Security Administration’s (SSA) definition of disability. The SSA considers someone disabled if they have a medically verified physical or mental condition that prevents them from doing substantial work and is expected to last at least a year or lead to death.
To qualify for benefits, you must also have:
- A sufficient work history in jobs covered by Social Security
- Earned enough work credits (maximum of four per year)
- A medically determinable impairment supported by objective medical evidence
Consulting with a Social Security Disability attorney before applying can help determine if your condition meets these requirements and ensure you pursue the right type of benefits—either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
Strengthening Your Initial Application
The best time to consult a Social Security lawyer is before submitting your initial application. An experienced attorney can:
- Help gather comprehensive medical evidence to support your claim
- Ensure your application is complete and accurate
- Advise on how to properly document your work history and limitations
- Guide you through listing all relevant medical conditions and treatments
The O’Malley Tunstall, PC team knows exactly what the SSA looks for in successful applications. Attorney Susan M. O’Malley is a North Carolina State Bar Board Certified Specialist in Social Security Disability law, bringing unparalleled expertise to your case from the very beginning.
After a Denial: The Critical Appeal Window
Acting Quickly After Denial
Approximately 70% of all Social Security Disability applications are initially denied. If you receive a denial letter, this is a crucial time to contact a disability attorney. You have only 60 days from the date you receive the denial notice to file an appeal, making prompt action essential.
Many applicants give up after receiving a denial, not realizing that:
- Many SSD denials are reversed on appeal
- The appeal process is often where cases are won
- Each level of appeal has strict deadlines
Our disability attorneys at O’Malley Tunstall, PC, can analyze why your application was denied and develop a strategy for your appeal.
The Reconsideration Stage
The first level of appeal is called reconsideration, where a different Disability Determination Services examiner reviews your case. An attorney can help strengthen your case by:
- Identifying and addressing the specific reasons for denial
- Obtaining additional medical evidence
- Ensuring all forms are completed correctly and submitted on time
- Preparing you for potential consultative examinations
Even if your reconsideration is denied, having an attorney involved at this stage lays important groundwork for the next level of appeal.
Before Your Hearing: Maximizing Your Chances of Success
Administrative Law Judge Hearing Preparation
If your claim is denied at the reconsideration level, the next step is to request a hearing before an Administrative Law Judge (ALJ). This hearing is often your best opportunity to win benefits, making it perhaps the most important time to have legal representation.
Our attorneys will:
- Gather updated medical records and opinion evidence from your doctors
- Prepare you for the types of questions the judge will ask
- Develop a theory of your case based on Social Security regulations
- Present your case effectively at the hearing
In Raleigh, hearings are typically held before the Administrative Law Judges (ALJs) assigned to the Raleigh Hearing Office. Our familiarity with these judges and their decision-making patterns gives our clients a significant advantage.
Expert Witness Testimony
At the hearing stage, testimony from medical and vocational experts often plays a crucial role. An experienced Social Security attorney knows how to:
- Question these experts effectively
- Challenge unfavorable testimony
- Present your medical evidence in the most compelling way
This expertise can be the difference between approval and denial of benefits.
During Ongoing Appeals: Navigating Higher Review Levels
Appeals Council and Federal Court
If your claim is denied by an Administrative Law Judge, you can appeal to the Social Security Appeals Council and, if necessary, file a lawsuit in Federal Court. These higher levels of appeal require specialized legal knowledge and experience.
O’Malley Tunstall, PC represents clients at all levels of the disability process, including Federal Court appeals. Our attorneys understand the complex legal arguments required at these stages and have a track record of success in Eastern North Carolina’s federal courts.
After Approval: Ensuring Proper Payment
Calculating Your Benefits
Even after approval, having an attorney can ensure you receive the full amount of benefits you’re entitled to. Your SSD benefits are determined by the Social Security Administration using your average monthly earnings, but miscalculations can sometimes happen.
Our attorneys will:
- Review your award notice for accuracy
- Ensure your onset date is correctly established
- Calculate your expected back pay
- Verify that dependent benefits are included when applicable
Why Choose O’Malley Tunstall, PC for Your Social Security Disability Case?
The law firm of O’Malley Tunstall, PC has distinguished itself with its devotion to the injured and disabled people of Eastern North Carolina. Susan M. O’Malley is not only a board-certified specialist in Social Security Disability law but was also an original board member on the state’s specialization committee.
Our clients appreciate our:
- Decades of experience handling SSD claims
- Personalized attention to each case
- Deep understanding of the local SSA offices and procedures
- Record of success with satisfied clients
Contact O’Malley Tunstall, PC for Social Security Disability Representation
Applying for Social Security Disability benefits can be overwhelming, but you don’t have to navigate the process alone. O’Malley Tunstall, PC provides experienced legal representation at every stage of the disability process. Don’t risk a denial or delay in your disability case—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 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. O’Malley Tunstall, PC’s board-certified Social Security Disability attorney, Susan M. O’Malley, guides you through every step of the process with personalized attention.
How does a Social Security lawyer work?
Our Social Security Disability lawyer works by reviewing your medical records, assisting with the application process, gathering and organizing key evidence, and representing you at hearings and appeals—all on a contingency fee basis, so you pay nothing unless we win your case. We handle the complex paperwork and communications with the SSA, allowing you to focus on your health.
Do you have a better chance of getting SSDI with a lawyer?
Absolutely. Our experienced team at O’Malley Tunstall, PC significantly improves your chances of obtaining SSD benefits by meticulously preparing your case and representing you effectively during hearings and appeals. Statistics show that applicants with legal representation are three times more likely to be approved than those without an attorney.
Where can I find a Social Security Disability lawyer in Raleigh?
O’Malley Tunstall, PC offers expert Social Security Disability representation in Raleigh and throughout Eastern North Carolina. Contact us at (919) 277-0150 for a free consultation, visit our contact page to schedule online, or come to our office at 8300 Falls of Neuse Road, Raleigh, NC 27615.
