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Receiving a denial after applying for Social Security Disability (SSD) benefits can be discouraging. If this happened to you, a Spindale Social Security Disability lawyer can help you challenge the decision.
Farmer & Morris Law, PLLC, has served more than 10,000 clients. If your disability claim got denied, a Spindale SSD appeal lawyer can take on your case and help you pursue an appeal.
How a Spindale SSD Appeal Attorney Can Help
Appealing a denied SSD claim involves much more than simply asking the Social Security Administration (SSA) to reconsider its decision.
A North Carolina Social Security Disability lawyer can assist with your appeal by:
- Reviewing your denial letter: We can determine why your application was denied and identify the strongest strategy for your appeal.
- Gathering medical evidence: We can obtain updated treatment records, physician opinions, test results, and other documentation supporting your disability.
- Assisting with paperwork: We can help ensure all of your forms are completed accurately and submitted on time.
- Representing you during hearings: If your appeal reaches an Administrative Law Judge, we can present evidence and argue your case.
Why Do Social Security Disability Claims Get Denied?
An initial denial does not necessarily mean you are ineligible for Social Security Disability benefits.
Common reasons SSD claims are denied include:
- Insufficient medical evidence
- Missing medical records
- Failure to follow prescribed treatment
- Income exceeding SSD work limits
- Incomplete application forms
- Missed medical exams
- Lack of documentation regarding your work limitations
- Failure to cooperate with SSA requests
- The SSA determining that another type of work is still possible for you
- Technical eligibility issues involving your work credits
How Does the SSD Appeals Process Work?
The Social Security Disability appeals process consists of several stages. If your claim is denied at one level, you can usually continue to the next until all available appeals have been exhausted.
Typically, you will:
- File a request for reconsideration: The first step is asking the SSA to have a different disability examiner review your application along with any new medical evidence or updated records you provide.
- Attend an Administrative Law Judge hearing: If reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ), where you may testify about your medical condition, work history, and daily limitations.
- Request an Appeals Council review: If the ALJ denies your claim, you can ask the Appeals Council to review the decision. The Council may affirm the denial, reverse it, or send the case back to the ALJ for another hearing.
- File a lawsuit in federal court: If the Appeals Council declines to review your case or upholds the denial, you may file a civil action in federal court. The court will review whether the SSA correctly applied the law and followed proper procedures.
An SSD appeal lawyer in Spindale can provide guidance and support throughout this process.
What Happens During an Administrative Law Judge Hearing?
Many successful SSD appeals are approved during the hearing stage.
During the hearing, you may be asked questions about:
- Your medical conditions
- Your symptoms
- Daily activities
- Past employment
- Physical limitations
- Mental limitations
- Medications and side effects
- Medical treatment
- Why you can no longer work
How Long Do You Have to Appeal an SSD Denial?
In most cases, you have 60 days from the date you receive your denial notice from the SSA to file an appeal. The SSA generally presumes you received the notice within five days after it was mailed unless you can show otherwise.
If you miss this deadline, you will likely have to restart the application process, potentially delaying your benefits by several months or longer. However, if extraordinary circumstances prevented you from filing on time, the SSA may allow a late appeal.
How Often Do SSD Appeals Get Approved?
Approval rates for SSD appeals vary depending on the stage of the appeals process you reach and the strength of the evidence supporting your claim. While most first-time applicants get denied, many ultimately receive benefits through appeals.
You will have better odds of approval if you can present strong medical documentation and you comply with all of the SSA’s procedural requirements.
What Evidence Helps Win a Disability Appeal?
The strongest disability appeals are supported by evidence showing not only that you have a medical condition but also that it prevents you from performing substantial gainful activity.
Helpful types of evidence may include:
- Medical records: Medical records document your diagnosis, treatment history, symptoms, and the progression of your condition over time.
- Diagnostic testing: Diagnostic tests such as MRIs, CT scans, X-rays, laboratory results, and nerve conduction studies provide objective evidence of your disability.
- Residual Functional Capacity (RFC) assessments: An RFC assessment explains the physical or mental limitations that prevent you from performing full-time work.
- Physician opinion letters: A detailed statement from your treating physician can explain why your condition prevents you from maintaining substantial employment.
- Medication records: Medication records can show the treatments you have received, how effective they have been, and whether side effects interfere with your ability to work.
- Work history information: Employment records can illustrate how your medical condition affected your job performance or prevented you from continuing to work.
- Personal statements: Your written statement can describe how your symptoms interfere with activities such as standing, walking, lifting, concentrating, remembering information, or interacting with others.
How Long Does a Disability Appeal Take With a Lawyer?
There is no fixed timeline for an SSD appeal. Some are resolved within months, while others take over a year. The specific timeline for your disability appeal will depend on several factors, including how many stages of the appeals process you move through, the complexity of your medical condition, and the SSA’s workload.
An SSD appeal attorney in Spindale can help you avoid unnecessary delays with your claim.
Contact an SSD Appeal Lawyer in Spindale
If your Social Security Disability claim has been denied, you still have options. A Spindale SSD appeal attorney from Farmer & Morris Law, PLLC, can guide you through the appeals process, protect your rights, and help you obtain the benefits you have worked to earn.
Schedule a free case review to start building your appeal.
