What If My Charlotte SSDI Request is Denied?
Receiving Social Security Disability Insurance (SSDI) can help a number of Georgia residents cover their financial expenses while being unable to work. When you apply for Charlotte SSDI and receive a denial, it does not mean it is not possibly for you to receive benefits under the program. You have a right to appeal the decision and get the compensation you deserve for your disabilities.
Under the law, Charlotte SSDI provides monthly payments as well as medical coverage for those that are suffering from a disability and cannot work. This can allow you to receive treatment for your disability without worrying about excessive costs as well as help you live without a paycheck from working each month.
Obtaining SSDI in Charlotte can be difficult. You need to prove the extent of your disabilities as well as their limiting capacity that prevents you from performing general job duties. For this reason, many individuals are denied SSDI on their first application process and need to go through the appeals process to ensure they receive benefits.
Hiring a Charlotte SSDI attorney during the appeals process is always a good idea, as they will represent you in court and help to prove your disabilities throughout your case. It can be difficult for an individual who is unfamiliar with SSDI law to present their medical case clearly during these proceedings, causing them to get further denials and have to appeal over and over again. This is why hiring an attorney is in your best interests.
The Charlotte SSDI appeals process splits into four stages. Each stage of the appeals process can be more difficult and challenging to endure. A SSDI attorney is well versed in each stage of the appeals process and can walk you through the complex system.
How Do I Appeal a Denied Charlotte SSDI Request?
You will need to provide a written communication through an appeal form with the Social Security Office that states you want to appeal your denied Charlotte SSDI claim. This needs to occur within 60 days of the date of the denial letter from Social Security. It is imperative that you file your request for an appeal as soon as possible. Waiting past the 60-day deadline could cause a denied appeal without further recourse in your disability case.
What is Reconsideration for a Charlotte SSDI Denial?
The first step in the appeals process is a reconsideration. This allows another representative of the Social Security Office to review your medical files and application for Charlotte SSDI and determine if you should receive benefits. This does not require you to be present during their review, and you will hear from the Social Security Office again on their determination of your qualification for benefits.
You will receive a letter in the mail notifying you of the judge’s decision. If you are denied Charlotte SSDI after the reconsideration process, you will need to file another appeal to move on to the hearing stage.
What is a Charlotte SSDI Denial Hearing?
During the hearing of a denied Charlotte SSDI claim, your case will go before an administrative law judge. Here, you will be able to provide new evidence towards your disability case. This is also an opportunity to have witnesses speak on your behalf about the severity of your disabilities. You may have medical professionals testify or work-related individuals provide testimony on your behalf.
It is wise to attend the hearing as a judge may have questions for you and will determine the outcome of your Charlotte SSDI benefits based on the facts presented during the hearing. Having a SSDI attorney there to represent you can make sure all the evidence about your disabilities is presented and heard during the hearing.
If you receive a denied claim after an appeal hearing, you will need to appeal again for a review by the Appeals Council.
What is a Review by the Appeals Council of Denied Charlotte SSDI?
With a denied Charlotte SSDI letter, you can file for a review by the Appeals Council. They will determine if your case needs further review or will side with the decision of the administrative law judge in your hearing case.
If the Appeals Council decides to review your case, they may either make a decision themselves as to whether you are to receive Charlotte SSDI or if your case needs to be looked at again by the administrative law judge. In either instance, your case will be reviewed and it will be determined if you will receive SSDI.
You will receive notification of their decision by mail. You are not required to be present at this stage of the appeal process. If you receive a denial of your SSDI, you can appeal one last time to the Federal Court.
What if I Need to File a Lawsuit in Federal Court for Denied Charlotte SSDI?
If you are still denied SSDI in Charlotte following a review by the Appeals Council, you have a right to file a lawsuit against the Social Security Office in Federal Court. This is the last stage of the appeals process and it is best to have a SSDI attorney there to represent you. They can ensure all the information that supports the claims of your disability are presented and can help walk you through the legal process.
A court case can be time-consuming and difficult to endure. A Charlotte SSDI attorney can make the process easier as well as quicker as they understand what is needed to prove your disability before a judge. This can make fighting for SSDI smoother and allow you to have fair and accurate representation during your court trial.
Consult with a Charlotte SSDI Attorney to Discuss Your Claim Denial
When your request for Charlotte SSDI gets denied, you need a disability lawyer in Charlotte to help you through the appeals process. The lawyers at Ted A. Greve & Associates can help guide you through each stage of the appeals system and help you understand the law as it relates to your disability and SSDI coverage. Allow the attorneys at Ted A. Greve & Associates to assist you with your SSDI case and get you the insurance benefits you deserve. Contact us today to set up a consultation!