Charlotte Office 704-815-6055
Asheville Office 828-252-2852
Asheville SSD Appeals Lawyer
Asheville SSD Appeals Attorney
If you have paid into your Social Security over the course of your working life, it is reasonable to expect access to those benefits when the time comes. Being denied your Social Security Disability (SSD) benefits when you truly need them can feel frustrating. You might even feel somewhat betrayed or cheated of your deserved benefits. However, a denial is not the end of the road. With the help of an Asheville SSD appeals lawyer, you can create a compelling, successful appeal.
Why Should You Hire an SSD Appeals Lawyer?
Applying for SSD benefits in can be a complex, confusing, and tedious process. The smallest mistake could potentially cost you an approval and get your application denied instantly. Nearly everybody who applies for SSD benefits is denied on their first application, but many are denied on their second as well. If you want a higher chance of approval, work with an SSD appeals lawyer who can guide your hand from start to finish.
If your initial application for SSD benefits is denied, an experienced lawyer can help you correct any mistakes you may have made and ensure you include the correct documents. They can also help you determine whether you require additional information for your appeal, such as additional medical information or a psychological evaluation.
Why Would Your Claim Be Denied?
There are many different reasons your claim can be denied. Even if you have a perfectly valid claim, your application could be denied outright if it is not filled out exactly the way that the Social Security Administration (SSA) requires. Most of the time, a denial results from a simple mistake that halts your application immediately. After a denial, you can correct your mistake and try again by submitting an appeal.
The SSA may also try to claim that your disability is only temporary, that your income is enough for you to take care of yourself, or that you don’t need additional benefits. Since SSD benefits are intended for people who are unable to support themselves through work, your income can play a major part in determining whether you deserve benefits.
The Levels of Appeal
There are currently four major levels of appeals to go through after the Social Security Administration denies your initial claim. After the first determination that your claim is denied, you will receive the SSA’s decision along with information about how to file an appeal. From there, you should reach out to an SSD lawyer and pursue the following:
- Reconsideration: The first stage of your appeal is asking for a reconsideration of your application from someone who was not involved in making the initial decision to deny it. You can provide additional evidence to strengthen your claim should you have any.
- Formal Hearing: The second stage of your appeal is a hearing with an administrative law judge. This tends to be the stage where appeals are most successful and where having a lawyer is the most helpful. In this hearing, you may discuss your disability and how it affects your ability to work. Your lawyer can use your application and medical records to convince the judge that you can’t work and need these benefits.
- Review: If the judge rejects your application at the hearing, the third stage is to go before the Appeals Council for a review of the hearing itself. The Appeals Council will either reject your claim again or send it back to the same judge for an additional hearing.
- Federal Court: If the judge rejects your application again, your only remaining option is to take your application to a higher court. The fourth stage is filing a Federal District Court claim regarding your disability status. You will need a lawyer who is able to practice before the U.S. District Court.
FAQs
Q: What Is the Most an SSD Lawyer Can Charge?
A: There is no telling how much your SSD lawyer in Asheville, North Carolina, may charge, as every SSD case is different. Every appeals case has its own set of circumstances that make the case unique. Your lawyer’s fee should reflect the particularities of your case. Their fee is typically determined by the case’s difficulty, the amount of resources they need to assist you, the lawyer’s experience and education, and how far you are willing to take your case.
Q: How Long Does an SSD Appeal Take?
A: The amount of time it may take for your SSD appeal to be finalized depends entirely on the complexity of your case and the overall caseload of the SSA. Depending on the details of your case, your appeal could take anywhere from a few months to over a year for your case to be reconsidered and approved.
Q: How Do You Win a Disability Hearing?
A: The most effective thing you can do for your disability hearing is prepare. The last thing you want is to be unprepared for your case, as it can make you look foolish or uncommitted. Your lawyer can make sure you are ready for your case and help you anticipate any roadblocks that may arise. Provide detailed evidence, recent medical records, and any supporting documentation that may help your lawyer convince the judge of your need for disability benefits.
Q: How Hard Is It to Get Disability Benefits in North Carolina?
A: It can be quite difficult to get disability benefits in North Carolina. Most SSD applications are denied because the applicants fail to meet all the necessary criteria. In order to get SSD benefits, you must have a debilitating disability that keeps you from holding down gainful employment, will last at least one year, or will eventually result in your death.
Reach Out to a Lawyer Today
Working on an SSD appeal by yourself can seem like a losing battle. An experienced SSD lawyer can strengthen your application and take over your appeal process. The legal team at Bridgman Gantt Law Offices understands the most effective way to help your case and is ready to provide you with consistent legal support. Contact us today to speak with a team member about your case.
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