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A denial for Social Security Disability benefits can be frustrating when a health condition has kept you from earning a living. The denial does not necessarily end your claim. You may have a chance to ask the Social Security Administration (SSA) to review its decision.
A Tryon Social Security Disability lawyer from Farmer & Morris Law, PLLC can review the reason SSA denied your claim and determine what comes next. Our firm has served more than 10,000 clients across its practice areas and helps people in North Carolina with Social Security Disability claims.
Your Tryon SSD appeal lawyer will also look for gaps in the medical evidence or other problems that may have affected the first decision. Contact our office today to discuss your disability claim and the next steps in the appeal process.
Our Tryon SSD Appeal Attorney Will Take a Fresh Look at a Denied Claim
A denial notice gives reasons for SSA’s decision to reject a claim. Those reasons provide a starting point for an appeal. Our attorney will review the notice along with the information SSA considered when deciding your claim.
Our team may find that medical records are missing or that the file does not fully explain what you can and cannot do. We can gather updated records, review your work history, communicate with the SSA, and prepare the paperwork needed for an appeal.
Our North Carolina Social Security Disability lawyer will also keep track of the appeal as it moves through the SSA process. This gives you someone familiar with your file who can answer questions and prepare for the next stage.
Social Security Disability Insurance Provides Benefits Based on Your Work Record
Social Security Disability Insurance (SSDI) pays benefits to people who meet SSA’s disability requirements and have enough qualifying work history. SSA looks at your past work and whether your medical condition keeps you from doing substantial work.
A denial may involve the medical requirements, your work record, or another part of the claim. We will review the reason for the denial before deciding how to address it in an appeal.
A Social Security Disability Appeal Has Several Stages
SSA provides several levels of appeal for people who want to challenge the denial of benefits. You may not need to go through every level. The stage that applies to you depends on where your claim stands and what decisions SSA has already made.
Reconsideration
Reconsideration is generally the first appeal after an initial disability denial. Someone who did not take part in the first decision reviews the evidence in the claim. The review can include evidence SSA already had and new information submitted for the appeal.
Our Social Security Disability appeals attorney in Tryon can review the denial, update SSA about your medical care, and determine whether other records may help explain your limitations.
Hearing Before an Administrative Law Judge
If SSA denies the claim at the reconsideration stage, you can generally request a hearing before an Administrative Law Judge (ALJ). The judge reviews the case and may hear testimony from you and other witnesses. SSA says medical or vocational experts may also testify.
Your attorney can prepare you for the hearing, review the evidence in your file, and address questions about your medical condition and ability to work.
Appeals Council Review
An unfavorable hearing decision may be taken to the Appeals Council. The council can deny or dismiss the request for review, decide the case, or send it back to an administrative law judge for further action.
Federal Court
A claimant who has completed the administrative appeal process may have the option of filing a civil action in federal district court after an unfavorable Appeals Council action.
For a review of your options and how we can help, call Farmer & Morris Law, PLLC for a free consultation.
Medical Records Need to Show How Your Condition Limits You
A diagnosis tells SSA what medical condition you have. Your records also need to provide information SSA can use to decide how that condition affects your ability to work.
That may include problems with walking, standing, lifting, concentrating, using your hands, remembering instructions, or staying on task. Treatment notes may also document pain, fatigue, medication side effects, or changes in your symptoms.
Our Social Security Disability denial lawyer in Tryon, N.C., can help with an initial disability claim as well. Starting with detailed information about your treatment and limitations may help SSA get a clearer picture of why you are applying for disability benefits.
A Disability Hearing Gives You a Chance to Explain What Keeps You From Working
We know that medical records do not always tell the entire story. A doctor’s notes may list pain or weakness without explaining that you have to change positions often, need breaks during the day, or cannot complete tasks at the pace you once could.
At a disability hearing, the judge may ask about your past jobs, symptoms, treatment, and daily activities. The questions may also cover tasks you can still perform and things that have become difficult.
Preparing ahead of time can make these questions easier to answer. Your lawyer can go over the types of issues likely to come up and help you understand what to expect at the hearing.
Watch the Deadline on Your Social Security Denial Notice
The SSA generally gives a claimant 60 days to request an appeal. It also generally assumes the notice arrived five days after the date printed on it. The notice also tells you how to appeal the decision.
Waiting can create another problem on top of the denial. If you receive an unfavorable decision, keep the notice and note when you received it. Our SSD appeal attorney serving Tryon will review the notice, identify the stage of your case, and take the steps needed to request the proper appeal.
FAQs About Social Security Disability Claims and Appeals in Tryon
Even if you receive a denial notice, you may have questions that the notice itself does not fully answer. Below, we cover a few issues that may come up as you decide what to do next.
Do I Have to Start a New Disability Application After a Denial?
You usually can appeal an SSD denial instead of filing a new application. After an initial denial, the next step is generally to request reconsideration.
The denial notice should tell you why SSA denied the claim and how to appeal. Our attorneys can review that notice and determine what needs to be filed next.
Can I Send New Medical Records During an Appeal?
You can submit new medical evidence during an SSD appeal. Records from recent doctor visits, tests, treatment, or hospital stays may help show how your condition affects your ability to work. An attorney from our firm can determine which records should be added to your claim.
Can I Appeal If My Medical Condition Has Changed Since I Applied?
Changes in your condition may be relevant to a pending disability claim. Updated records can show new symptoms, additional treatment, test results, or greater limits on what you can do.
We can review those changes and determine what information should be provided to SSA during an appeal.
Does SSDI Have a Waiting Period?
Generally, SSDI has a five-month waiting period. If SSA finds that you are disabled, entitlement to benefits generally begins in the sixth full month after the established onset of disability. Some exceptions apply, including certain claims involving ALS.
The waiting period is separate from the time SSA takes to decide an application or appeal.
Call Farmer & Morris Law, PLLC About an SSD Appeal in Tryon
A denial can raise new questions for people seeking Social Security Disability benefits. How did SSA reach this decision? Is something missing from the file? What happens next?
A Tryon Social Security Disability lawyer from Farmer & Morris Law, PLLC can review your claim and explain the appeal available to you. Ond of our attorneys was voted The Best of Rutherford County from 2011 through 2023 and we have six attorneys with experience across several areas of law.
Our commitment to clients reflects the values behind Integrity. Experience. Results. Call today to discuss your Social Security Disability appeal during a free case evaluation.
