Is It Hard To Get Social Security Disability in North Carolina?

If you suffer from a disabling condition, you may be wondering, “Is it hard to get Social Security Disability in North Carolina?” Unfortunately, it can be quite difficult. Your disability must meet the Social Security Administration’s (SSA) rigid criteria, and even then, it may deny your claim for a variety of reasons. 

You can hire a North Carolina Social Security Disability lawyer to help if you received a denial. Pilzer Klein can guide you through the different levels of appealing an unfavorable decision. Whether you need to submit additional medical evidence or appear before an Administrative Law Judge, having an attorney by your side can make the process easier.

The SSA’s Qualification Criteria Can Make It Hard to Get Social Security Disability in North Carolina

The Social Security Administration (SSA) has strict qualification criteria in place for individuals seeking Social Security Disability (SSD) benefits in North Carolina. This stringent process is designed to ensure that only those with severe, long-term disabilities that prevent them from working are approved for benefits. 

A Social Security Disability lawyer can help with your claim. Here’s an overview of the SSA’s qualification criteria:

Medical Eligibility

To qualify for SSD benefits, you must have a medically determinable physical or mental impairment that has lasted or is expected to last for at least 12 consecutive months, or result in death. The impairment must be severe enough to prevent you from performing substantial gainful activity (SGA), which is defined as earning above a certain monthly amount ($1,470 for non-blind individuals in 2023).

The SSA maintains a comprehensive listing of impairments that outlines specific criteria for various disabilities. If your condition meets or exceeds one of the listed impairments, you may be eligible for benefits. However, even if your condition is not listed, you can still qualify if it is deemed medically equivalent in severity.

Work History and Credits

In addition to medical eligibility, you must have accumulated a sufficient number of work credits through past employment to qualify for SSD benefits. The number of credits required varies based on your age at the time of disability onset.

Inability to Perform Past Work or Other Work

The SSA will evaluate your residual functional capacity (RFC) to determine if your impairment prevents you from performing not only your past work but any other type of work that exists in significant numbers in the national economy, considering your age, education, and transferable skills.

Continuing Disability Reviews

Even after being approved for SSD benefits, the SSA periodically conducts continuing disability reviews (CDRs) to ensure that you still meet the eligibility criteria. If your medical condition has improved to the point where you can return to work, your benefits may be terminated.

The strict qualification criteria for Social Security Disability in North Carolina reflect the SSA’s commitment to ensuring that benefits are reserved for those with legitimate, severe disabilities. Navigating the complex application and appeals process can be challenging. Working with a disability lawyer may increase your chances of approval.

The SSA’s Approval Rating for Social Security Disability Claims

The outcome of applications for Disability benefits in 2021 was around 36%. The SSA also reported on the approval ratings at various stages of a claim, including:

• 43% of initial applications
• 15% of reconsiderations
• 63% of federal court reviewed cases

These approval ratings for Social Security Disability paint a disheartening picture, but our legal team is dedicated to helping you recover the benefits you deserve. 

You May Have to Wait Longer Than You Expect to Get Social Security Disability in North Carolina

Unfortunately, there is a five-month waiting period for Social Security Disability Insurance (SSDI) benefits that many applicants overlook or misunderstand. This waiting period serves as a qualifying period and is not based on the date you initially applied for benefits. Instead, it begins on the date the SSA determines your disability began, known as the established onset date.

During this five-month waiting period, you will not receive any SSDI payments, even if you have already been approved for benefits. This period is intended to ensure that your disability is expected to last for at least 12 months or result in death, as required by the SSA’s eligibility criteria.

If there is any issue with your initial claim and the SSA denies SSDI benefits, you could be waiting years before you receive benefits. This is due to a complex appeals process; however, a Social Security Disability attorney in North Carolina can assist you with every step necessary in your particular case. 

How a Lawyer Can Help You Get Social Security Disability in North Carolina After a Denial of Benefits

A North Carolina Social Security Disability lawyer can help appeal a decision the SSA made in your claim. In some cases, the process requires us to consult your doctors to submit supplemental evidence of your qualifying disability. In other cases, the process can require much more. 

Here’s how a Disability lawyer can help with the appeals process:

• Evaluating the Reason for a Denial: A Disability lawyer will thoroughly review your case, including your medical records, work history, and the reasons for your initial denial. They will identify any potential weaknesses or oversights in your application and develop a strategy to address them effectively.
• Gathering Additional Evidence: Your lawyer will work with you to gather additional supporting evidence that may have been overlooked or unavailable during the initial application process. This could include obtaining updated medical records, soliciting expert opinions from treating physicians, or obtaining vocational assessments to demonstrate your inability to work.
• Preparing for Hearings: If your case proceeds to an administrative hearing before an Administrative Law Judge (ALJ), a Disability attorney will prepare you for the hearing process. They will help you understand the types of questions you may be asked, coach you on how to present your case, and ensure that all relevant evidence is properly submitted and organized.
• Representing You in Hearings: During the hearing, your disability lawyer will represent you, cross-examine any vocational or medical experts called by the SSA, and present a compelling argument as to why you should be awarded benefits based on the evidence and applicable regulations.
• Navigating Legal Complexities: The appeals process involves intricate legal rules and procedures that can be difficult for non-lawyers to navigate. A Disability lawyer will ensure that all deadlines are met, documents are properly filed, and that your case complies with all relevant laws and regulations.
• Formally Appealing Unfavorable Decisions: If your case is denied at the hearing level, a Disability lawyer can guide you through the process of appealing the decision to the Appeals Council or, if necessary, filing a lawsuit in federal court.

Call Pilzer Klein for Help Getting Social Security Disability in North Carolina

It is hard to get Social Security Disability in North Carolina, but you don’t have to do it alone. You can hire an attorney to guide you through the initial claims process. If you have already received a denial of benefits, a lawyer from Pilzer Klein can help you gather the evidence you need and represent you at various stages of the appeal process. 

Contact us today to begin your case with a free consultation. You can ask us questions and learn more about how we can make getting Disability benefits easier for you.