What to Do If Your Charlotte SSDI Benefits Are Denied
While seeing the taxes deducted from your paycheck each month can be disappointing, when it comes down to it, you are paying into an insurance policy that you will be grateful for should you be unable to continue working due to disability. The type of work you do will influence what is considered to be a valid disability that prevents you from continuing active employment. For example, plumbers have a range of skills that are specific to their occupation and are not easily transferable to another sphere of work, therefore making it potentially easier for them to qualify for SSDI benefits in Charlotte, North Carolina.
On the other hand, a receptionist position is a primarily sedentary role which means that those applying for SSDI benefits would need to prove that they are unable to sit and concentrate for long durations because of either a mental or physical condition. Furthermore, if, in the past 15 years, the applicant has performed another type of work which they are still capable of performing, it is unlikely your application for disability benefits will be approved.
Who is eligible for SSDI benefits in Charlotte, North Carolina?
In addition to meeting the legal requirements and the federal definition of disability, you will also have to have acquired enough social security work credits to be eligible for disability payments. Unfortunately, social security does not pay out for a partial or temporary disability, and, for you to be compliant with their requirements, you will need to prove that you are not able to do the job you were employed to do before the disability.
You will then be assessed for your capacity to move into a different position or occupation while the extent and longevity of your disability will also be evaluated. You will be eligible for benefits only if your disability has been present for 12 months or longer or is envisaged as lasting for that long or is likely to end in death. Once your eligibility has been established, your accumulated credits will be assessed and, if you have enough, you will be able to apply for compensation under SSDI. Overall, you usually need a total of 40 credits, of which 50% must have been earned in the past ten years, although exceptions are made for some younger workers.
The application process for SSDI benefits in Charlotte
While sound in theory, in practice, the SSDI process can be difficult to negotiate and around 70% of those applying for assistance are denied the first time around. However, an initial refusal does not mean all is lost. Applicants are encouraged to submit a second application for SSDI benefits which is also called a request for reconsideration. There is no guarantee this second request will be successful either, and many applicants will struggle to provide sufficient evidence of their disability to convince the Social Security Administration of the validity of their claim. Most claimants are eventually successful in winning a claim but usually at the level of an administrative law judge disability hearing and even then, only with the representation of an experienced Charlotte SSDI attorney.
How can an SSDI attorney in Charlotte NC, assist me?
The application process for securing disability payments is long and arduous, and many individuals fail to complete the application forms correctly. A qualified legal advisor can ensure you have sufficient proof of your disability and can guide you through the complex appeal process if necessary. Navigating the four levels of appeals can be confusing, and many people give up at the first level even though they have a valid claim. At the first level of appeal, known as a reconsideration, the Disability Determination Services will review your application. You are entitled to submit additional evidence which is particularly advantageous if the initial claim was rejected due to lack of proof of infirmity.
If you are denied assistance a second time, then you will need to attend an Administrative Law Judge Hearing at which it is highly beneficial to have a North Carolina SSDI attorney on your side. Much like appearing in court, you will be questioned at the hearing alongside witnesses and other professionals, while your legal representative will also be required to submit evidence. Many applicants are successful at this third level, but those who have their benefits denied again will have to continue up the ladder, first to the Appeals Council and then, finally, onto Federal Court.
Consult with a North Carolina Social Security Attorney to Discuss Your SSDI Benefits
This lengthy and confusing process is streamlined by having an social security disability attorney in Charlotte, NC on your side, protecting your rights. Attorney Ted Greve has experience in this type of law and can help you through the process of applying for your SSDI benefits.