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Social Security Disability (SSD) is there to help those who find themselves disabled and unable to work. Applicants get denied all the time and for various reasons. If you want help navigating the claims process or if you have already been denied, our Asheville lawyers are here for you.
The attorneys at Farmer & Morris Law, PLLC, simply want to make your journey through this complex procedure a little easier. Our social security disability lawyers can handle the entire claims process and provide 24/7 support to our clients. Call now to get a free case review and let us start on your claim as soon as possible.
Instead of Filing for SSD Alone, Let Our Asheville Attorneys Represent You
Disability benefits are a vital source of income for many people in North Carolina. Unfortunately, thanks to the Social Security Administration’s strict and specific rules, the path to receiving these benefits is often long, difficult, and filled with frustration.
As it can sometimes be confusing to navigate all the channels necessary to complete a claim, our Asheville Social Security Disability lawyers hope to lend legal understanding to the process and to protect your rights along the way.
We Deal With All Legal Paperwork Associated With Your Disability Claim
To start the application process, you have to:
- Figure out what type of benefit you qualify for
- Find and fill out the correct forms to apply for that benefit
- Submit medical evidence of your disability
- Submit financial evidence that shows how much you make or have made in the past, including any other benefits you receive
Making even a small error with any of this paperwork could cause long delays and complications. Let our SSD law firm help you build your application and review it before you send it in so that you can avoid the most common errors. Speaking with our legal team can help you better grasp the kind of documentation SSA may be looking for.
We Represent You During the Appeals Process
If your case is denied (or already has been), our Social Security Disability attorneys in Asheville can act quickly to file an appeal and build your case. There is a Social Security Administration (SSA) office right here in Asheville, and we can travel there to present your case in person if necessary. We can also:
- Communicate with the SSA to figure out what went wrong
- Correct any misunderstandings or mistakes in your claim
- Request frequent updates from the SSA to monitor your case’s progress
- Keep you informed about how your case is going and provide legal advice whenever you want it
Farmer & Morris Law, PLLC, understands how nerve-wracking it can be to file a claim and wait out an appeal. We are here to answer your questions all day, every day.
Understanding Different SSD Programs in Asheville, North Carolina
You could be eligible for one or both benefits programs offered by the government under the title “Social Security Disability.” These are Social Security Disability Insurance and Supplemental Security Income.
What Is Social Security Disability Insurance?
Most companies take Social Security payments out of every paycheck unless you have otherwise specified. After you have paid a certain amount of money over a certain period of time, you will become eligible to receive SSDI benefits so long as you:
- Have a medical condition that keeps you from earning more than the monthly income limits, which change every year
- Your accompanying medical documentation shows that your medical condition will last for at least 12 months and/or result in your death
What Is Supplemental Security Income?
If you apply for Supplemental Security Income (SSI), then there are other rules you need to work within to receive benefits. According to Benefits.gov, these requirements, unlike SSDI requirements, do not include any work history. Even if you have never worked at all, you could qualify on the basis of:
- Age (you must be at least 65) and/or disability
- Limited income and resources
As the process of seeking SSI can be complex, many applicants choose to turn to the services our Asheville Social Security Disability lawyer provides. We can tell you if you qualify for SSI and how to prove your eligibility.
Can You Work While on Disability Benefits in Asheville?
Yes, you can work to a limited extent and still keep your Disability payments, but your total income must be less than the maximum amount allowed by the type of benefit you are receiving.
As previously stated, the maximum income amount changes every year and may even depend on your marital status or what kind of disability you have. Our SSD attorney in Asheville would be happy to review your assets and income to determine which benefits you should apply for.
Understanding the Process of Appealing a Social Security Disability Denial
While applicants may file for different sets of benefits, the general process is the same for everyone. The steps look like this:
- You will file a claim for SSDI and/or SSI through the SSA, and your claim is then transferred to a department with the state of North Carolina for evaluation. It may take several months for them to get back to you about your claim.
- If your claim is denied, you can ask them to take another look during the reconsideration process. Your claim will be sent back to the state for them to look at it a second time. This may restart the process, and it could take several more months to receive a denial or approval.
- If your claim is denied again, you can have your case heard before an Administrative Law Judge (ALJ). At this stage, our Disability attorneys can help guide you so you can prove the extent of your disability in front of an actual person who may be more inclined to understand your suffering.
- If your claim is denied again, then you can take your claim to the Appeals Council, where it will be heard again. As a last resort, you can take your claim to Federal Court. Each step has the potential to last countless months.
This may sound—and can be—onerous to someone who is anxiously awaiting the money they need to support their family. To better understand the filing and appeals process and what the SSA is looking for, contact Farmer & Morris Law, PLLC, today for your free consultation.
How Often does the SSA Reject Disability Applications?
As the SSA sees millions of applications each year, they have no problem denying your application time and time again if they have reason to believe you do not meet their explicit requirements. Their large backlog of work means that they:
- Are constantly very busy
- May be more likely to make a mistake and deny a valid claim
- May not give each application enough attention and come to an incorrect conclusion
Let our Disability attorneys advocate for your rights while you focus on taking care of yourself and your family.
Meeting the SSA’s Definition of Disabled
Many claims get rejected on the basis that the applicant does not meet the accepted definition of “disabled” under SSA standards. According to the SSA themselves, the definition of a disability is a “medically determinable physical or mental impairment which can be expected to result in death, or it has lasted or can be expected to last continuously for at least 12 months.”
In short, it must be a serious condition. Further, there must also be tangible medical proof of the condition in the form of proven documentation. This particular aspect is where some applicants have gotten stuck in the past, as they failed to provide ample proof to the SSA. Proving a disability will likely involve diagnoses, tests, and more, depending on the condition at hand.
What Conditions does the SSA View as Disabling?
The definition of disability may vary, depending on whether the applicant is an adult or a child. Adult applicants could meet this definition if they have:
- Lost speech or hearing
- A mental illness (in some cases)
- A respiratory illness
- A serious heart condition
- A bone or joint problem
Even if you do not see your specific condition listed here, you could still qualify for benefits. The best way to find out for sure is by letting a Social Security Disability lawyer from our firm evaluate your case.
How We Prove Our Asheville Clients Are Disabled
Farmer & Morris Law, PLLC, can use materials like the following to prove your case:
- Your medical records, which can include an official diagnosis and prognosis from your doctor
- Statements from other doctors who have examined you and confirmed your own provider’s diagnosis
- Statements from vocational experts who can talk about what effect an injury or illness like yours will have on your ability to work
- Statements from people who know you (friends or coworkers, for instance) who can discuss the changes to your health on a colloquial level
Rest assured that our Social Security Disability attorneys and our entire legal team will do everything possible to get you every benefit you are entitled to.
Our Social Security Disability Lawyers Fight for Asheville Clients
When you retain the services of our Asheville Social Security Disability lawyers, we will try to make the entire filing process as easy as possible so you do not waste any valuable time. Here at Farmer & Morris Law, PLLC, our goal is to get you the benefits your family needs.
To learn more, call our office today for your free initial consultation with a representative. If you have any questions about your options, now is the time to ask. We are prepared to help you compile all relevant evidence and supportive testimony for your Disability claim. Reach out now so we can get started.
