When you apply for Social Security Disability (SSD) benefits in South Carolina, an agency called South Carolina Disability Determination Services evaluates your claim to determine if you meet the program’s eligibility criteria. This agency assesses your medical evidence and other factors to determine if you qualify for benefits based on the Social Security Administration (SSA)’s rules.
Understanding how the disability determination process works can help you navigate the claims process and possibly improve your chances of approval. If South Carolina Disability Determination Services denies your claim or you need help with your initial applications, a South Carolina Social Security Disability lawyer from our team can help and explain what you need to know.
What is the Role of South Carolina Disability Determination Services (DDS)?
South Carolina Disability Determination Services (DDS) is a state agency that works within the Social Security Administration (SSA) to evaluate claims for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). This agency considers medical evidence, vocational and educational records, and other information to determine if you have a qualifying disability and meet other criteria for disability.
While SC Disability Determination Services does not have the final say in approving or denying benefits, its assessment does play a critical role in this process. It makes recommendations based on its findings, and the SSA generally follows them.
How Does the Disability Determination Process Work?
The process begins when you file your claim for SSDI or SSI. You can apply in person, over the phone, or online. You will need to provide comprehensive information about your medical care, including contact information for your doctors. You will also need to answer questions about your education and work history.
Once you file your claim, a team from Disability Determination Services will review it. This initial review will give it the information it needs to gather your medical records and other documentation necessary to support your claim.
Next, the team will review your medical records to determine if you meet the Social Security Administration’s eligibility requirements. Sometimes, you may need to attend a Consultative Examination (CE) to provide additional information, such as establishing your residual functional capacity.
Lastly, it will determine if they believe you qualify. It forwards approved claims to the Social Security Administration for official approval or notifies you why your claim was denied.
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What Happens if SC Disability Determination Services Denies My Claim?
If you receive a denial notice from South Carolina Disability Determination Services, it should clearly outline the reason why it could not approve your claim. Some of the most common reasons why it might deny your claim include:
- You have insufficient medical evidence. If South Carolina Disability Determination Services does not believe your condition is severe enough to qualify for SSD based on your medical records, the agency will likely deny your claim.
- You do not meet SSA’s definition of disability. If Disability Determination Services determines your condition does not limit your ability to work or will not last long enough, you will likely receive a denial.
- You failed to follow treatment protocols. If your medical records show you did not take all prescribed steps to improve your health, SC Disability Determination Services may deny your claim.
- You did not cooperate with Disability Determination Services. If you did not cooperate with Disability Determination Services during the claims process, the agency may deny your claim. This could include failing to provide additional documentation or missing a scheduled CE.
If South Carolina Disability Determination Services denies your claim, contact our office. You have options for challenging the denial and asking them to take another look at your claim and supporting documents. We can manage this process for you and ensure you have the evidence you need if you must appeal.
Navigating the Appeals Process After an SSD Claim Denial
When it comes to navigating the disability appeals process, you want an attorney on your side who knows how this process works and how to present the right evidence to possibly overturn the denial.
The appeals process for SSDI or SSI includes four steps. You will continue each step until you receive approval for your benefits. In South Carolina, these steps include:
Reconsideration
During reconsideration, an examiner from South Carolina Disability Determination Services will review your claim and the supporting evidence to see if any mistakes were made. If they confirm the denial, you can proceed to the next step in the process.
Administrative Law Judge (ALJ) Hearing
You—or your lawyer on your behalf—can request an ALJ hearing. During this hearing, the ALJ will review your case and consider any new evidence you provide to support your claim. Your attorney will represent you at this hearing and ensure you know what to expect.
Appeals Council
If the ALJ upholds the denial, you can file an appeal. The Social Security Administration has an Appeals Council that could choose to review your case to determine if you qualify. Your lawyer will offer strong evidence that you qualify for benefits as a part of this review.
Federal Court Lawsuit
Most disability claims do not make it to this step in the process. However, if you exhaust all appeals within the SSA system, you can file a lawsuit in federal court to challenge the decision. Your attorney can offer advice, manage this process, and represent you in court.
Talk to Our Team About Your South Carolina SSD Claim
If you want assistance with a disability claim in South Carolina, our Social Security Disability lawyers are here to help. At Farmer & Morris Law, PLLC, we represent clients filing their initial claim for SSD or fighting a denial. We provide free consultations. We have an office in Spartanburg, SC, as well as four offices in North Carolina to serve clients. Call us today to learn more.