Social Security Disability Appeals Lawyers in Rocky Mount, NC
Providing Clients with Another Chance
Making a claim for Social Security Disability benefits can be a daunting process. Here is a general summary of the steps you may need to take in order to apply:
1. Collect the necessary documents. You will need to provide information about your work history, medical history, and finances.
2. Complete an application. You can find the application online or at your local Social Security office.
3. Have your doctor complete a form called a “medical source statement.” This form provides information about your medical condition and how it affects your ability to work.
4. Submit your application and supporting documents. You can submit them online, by mail, or in person at your local Social Security office.
5. Await a decision on your claim. The Social Security Administration will review your application and supporting documents and make a determination on whether you are eligible for benefits.
If you are denied benefits, don’t give up! You have the right to appeal the decision. The appeals process can be complex, so it is best to seek legal assistance from an experienced Social Security Disability appeals lawyer. O’Malley Tunstall, PC, is here to help you through the process and get you the benefits you deserve. For a free consultation with our experienced injury and disability law firm in Rocky Mount, North Carolina, call (252) 823-2266 to get started today.
What is Social Security Disability?
Social Security Disability (SSD) is a U.S. federal government program that provides financial assistance to people who are unable to work because of a physical or mental disability. SSD benefits are paid out of the Social Security trust fund, which is funded by payroll taxes.
To be eligible for SSD benefits, you must have worked enough quarters (usually 10 years) to qualify for them, and your disability must be expected to last at least one year or result in death. If you meet these criteria, you can apply for SSD benefits online, by phone, or in person at your local Social Security office.
Once you have applied for SSD benefits, your application will be reviewed by the Social Security Administration (SSA). If the SSA finds that you are disabled and eligible for benefits, you will be notified by mail and will begin receiving benefits. If the SSA denies your application, you have the right to appeal the decision.
There are four levels of appeal: reconsideration, hearing by an administrative law judge, review by the Social Security Appeals Council, and federal court review. The vast majority of SSD appeals are resolved at the first two levels.
If you are denied SSD benefits, you should immediately contact an experienced SSD attorney to discuss your options for appealing the decision. An SSD attorney can help you navigate the complicated appeals process and give you the best chance of winning your appeal.
Why Was I Denied Benefits?
If you’ve been denied benefits, it can be difficult to understand why. The Social Security Administration (SSA) uses a very specific set of guidelines to determine whether or not someone is eligible for benefits. Unfortunately, even if you meet all of the criteria, there’s no guarantee that you’ll be approved for benefits.
There are four main reasons why someone might be denied Social Security Disability (SSD) benefits:
1. Your condition is not severe enough to qualify as a disability.
2. You have not been out of work for at least one year due to your condition.
3. You are able to do some type of work, even if it’s not the same work you did before your disability began.
4. You have not provided enough medical evidence to prove that you have a qualifying disability.
If you’ve been denied benefits, it’s important to understand why. This can help you decide whether or not to appeal the decision. In some cases, it may be possible to provide additional information or evidence that could lead to a different outcome. Our lawyers can help you with this process to make sure you get the benefits you need.
How Do I File an SSD Appeal?
If your initial application for Social Security Disability (SSD) benefits has been denied, you have the right to file an appeal. The appeals process can be confusing and overwhelming, but understanding the basics will help you get started.
There are four levels of appeal:
Reconsideration – This is the first level of appeal. You can request a reconsideration of your claim if you believe that the original decision was incorrect. To do this, you must submit new and material evidence that was not considered in the original decision.
Hearing by Administrative Law Judge – If your reconsideration is denied, you can request a hearing before an administrative law judge. At the hearing, you will have the opportunity to present testimony and evidence in support of your claim.
Appeals Council Review – If you are not satisfied with the decision of the administrative law judge, you can appeal to the Social Security Administration’s Appeals Council. The Appeals Council will review your case and may either decide the case itself or return it to an administrative law judge for further review.
Federal Court Review – If you are not satisfied with the decision of the Appeals Council, you can file a civil action in a federal district court.
To request a reconsideration, hearing, or Appeals Council review, you must submit a written request within 60 days of the date you receive notice of the initial determination. You can get more information about filing an appeal by contacting our experienced law firm today.
Call O’Malley Tunstall, PC Today to Get Started!
We understand how important these benefits are for you and your family, and we will fight to get you the compensation you deserve. For a free consultation with our experienced injury and disability law firm in Rocky Mount, North Carolina, call (252) 823-2266 to get started today.