When you become disabled from a serious illness or injury and are unable to work, you can apply for Social Security Disability benefits. This federal program is administered by state agencies with many requirements and steps to follow to receive benefits. Understanding the legal language involved can be confusing, especially if your claim for benefits is denied.
At the Shelly Leeke Law Firm, we are experienced in helping clients just like you. We connect you with a North Charleston Social Security Disability attorney who will guide you through the process and assist you with your disability hearing. We can review your application and ensure you have the best chance of approval when you talk to our South Carolina Social Security Disability lawyer.
Receiving Social Security Disability Benefits Takes Time
As with nearly any government program, applying for Social Security Disability benefits requires time, paperwork, and patience. Because each application must be thoroughly reviewed, it is best to apply for benefits as soon as you are left unable to work due to your illness or injury. You should be focused on recovering your health, so hiring a North Charleston Social Security disability lawyer can ease some of the burdens.
Delaying your application can result in a loss of payments that you deserve. Once you apply, you will face an average wait time of 6-12 months before you have your disability hearing. This hearing will usually be held at your regional Office of Disability Adjudication and Review, where an Administrative Law Judge will ask you about your illness or injury, how it affects your daily life, and how it affects your ability to work.
You will have a chance to present any additional medical evidence you have not already submitted, and you can have a representative with you. The judge will render a decision on your case in approximately 2-3 months. The lawyers of Shelly Leeke Law Firm are experts in providing skilled and compassionate support during these hearings.
Why Your Social Security Disability Claim Might Be Denied
The Social Security Administration reports that up to 67% of all claims are denied. The most common reasons cited are incomplete applications, paperwork errors, and lack of supporting evidence of the disability and pain. You can also be denied if you meet any of the following criteria:
- Your impairment is not expected to last 12 months.
- Your impairment is not considered severe.
- You are able to perform your usual type of work or another type of work.
- Your impairment is a result of drug addiction or alcoholism.
- You fail to cooperate or follow prescribed treatment.
- You return to normal or near-normal work levels before your disability is established.
Understanding whether these situations apply to your case can help you avoid mistakes and reduce the stress of applying. Using a Social Security disability attorney in North Charleston will keep you on track with your application and prevent wasted effort. You are also more likely to receive approval when you work with a lawyer for your claim.
Appealing Your Denial of Social Security Disability Benefits in North Charleston
If your claim is denied, you have the right to file an appeal within 60 days. You should not be discouraged or give up. If you let the time expire or start over, you will be put at the back of the line and begin a new waiting period of six months or more.
When you hire a Social Security disability lawyer in North Charleston, they will offer support to help you showcase your plea for help in the best light. There are four levels of appeal actions, usually taken in escalating order. Most of these can be performed online, but even if you are tech-savvy, the process can be confusing.
Reconsideration
When your claim is denied for a medical reason, you can request a reconsideration. This is a complete review of your case by a staff member who was not part of the initial review team. Asking for a set of “fresh eyes” could make the difference, especially if you are able to provide additional medical evidence in your favor.
If you were denied for a non-medical reason, such as your income, resources, or living arrangements, or you have been overpaid benefits, you can still request a reconsideration. It is imperative that you speak with a Social Security disability attorney about your case. Shelly Leeke Law Firm can assist you moving forward.
Administrative Law Judge Hearing
If you are still denied after a reconsideration, you can request a hearing for a review of your claim by an Administrative Law Judge. This judge will not have been part of your first application or the reconsideration. You will be contacted to schedule a hearing at your regional office after you make the request.
Review by the Appeals Council
If you are still denied benefits after a hearing, you can move to the next level. This involves requesting a review by the Social Security Administration’s Appeals Council. A review is not guaranteed.
If they do grant the review, they will decide to 1) deny or dismiss your request, 2) issue a new decision that could be an approval, or 3) return your request to the Administrative Law Judge. The judge would then rule on your appeal. An attorney can help you review the ruling.
Federal Court Review
The final level of appeal is to file a civil action requesting a review in a Federal district court. You can pursue this action if you disagree with the decision of the Appeals Court or if they deny you a review. Filing this requires the help of an attorney who can also represent you in court.
How Our Social Security Disability Lawyer in North Charleston Can Help You
Social Security Disability is your right as an American who has contributed to the Social Security system for years. We know it seems like such a straightforward process, especially when you feel like it is very obvious that you cannot work. Yet, even in these situations, it is critical to remember that most people are denied when filing for disability, and not everyone receives the compensation that is owed to them.
Our legal team at the Shelly Leeke Law Firm is committed to helping you navigate this system with confidence. We work closely with our clients to ensure their rights remain protected. There are several reasons to work with us.
We Review Your Case
One of the first steps we take is to perform a full review of your case. Please provide us with all of the pertinent information related to your injury. Whether you have already filed and received a denial or you are filing for the first time, our review ensures that:
- You are filing under the right type of condition for your needs
- You are meeting the requirements of that disability claim
- You are presenting all of the necessary evidence to back up that claim
The key here is that there are often numerous conditions you may be able to obtain disability for in some cases, and we want to ensure you are putting all of the necessary evidence and data into your case to ensure the best possible outcome. We review the entire case. Call us today to schedule a free case review.
We Tackle the Denial Reasons, Too
If you have been denied disability from Social Security, we will review why, as it is often due to a lack of information or data to prove your case. Other times, the data is very simplistic, such as missing signatures. More commonly, denials occur because valuable information from your doctor has not been made available or the person reviewing your case simply cannot navigate what you have provided and review the following:
- Why your case was denied
- What needs to be clarified, updated, or otherwise proven to move your case forward
- Ensure we appeal these decisions within the right time frame to reduce the risk of further denials
We are also open and honest with you. If we do not believe you will be able to obtain Social Security Disability, we will tell you that. We can often tell you what additional steps you need to take to improve your ability to obtain compensation.
We Develop a Theory About Your Disability Case
One of the ways our Social Security Disability attorneys in North Charleston may help you is by working to develop a theory about your case. That is, we can try to determine why you meet the requirements for filing disability under the area of disability you are claiming. Typically, there are three theories that we can take to do this.
- Showing that your condition meets the Social Security Disability listing criteria
- Show that grid out of any type of work that you could be able to do otherwise
- Demonstrate that the condition you have prevents you from doing work even at a sedentary level
Our goal will be to showcase which of these theories applies in your case. We then gather the evidence to prove that is the case. When you have questions, we provide the answers.
What Is the Grid System?
A common theory used in determining that a person grids out, which means that the person does not meet the listed criteria for filing disability under the traditional means. However, that person still is disabled and not able to work. Grid rules, as they are called, can range widely, but they can prove that a person is disabled in various ways, including based on factors such as:
- Your age
- The education level you have
- Any residual functional capacity level data
- Work history
- Job skills
- Your educational level
For example, we will help to determine your residual functional capacity, which is the amount of activity you are able to complete with your condition. We use the grid system like this to show that you cannot work, even if the work is adjusted to you. This may help you to obtain compensation for your losses.
Comprehensive Social Security Disability Appeals
It is not uncommon for a Social Security Disability claim to receive a denial. Even though this is common, that does not mean you are going to have success with the appeals process. Many people find that the appeals process is complex, and there are four steps to it, including:
- Initial request for reconsideration
- An administrative law judge hearing
- Appeals Council review
- Federal Court case review
Having an attorney to guide you through this process helps minimize the risk that you will be denied again. We have a proven track record of helping our clients obtain the compensation and support they need in these challenging situations. We know what the court and review board are looking for, and we will work diligently to protect your rights throughout this legal process.
Providing You with Preparation
While we do as much of the hard work for you as possible, you are likely to face questions during the review process. Our North Charleston Social Security Disability attorneys will work to prepare you for the questions you may be asked, including those about what type of care you are receiving and what your symptoms are. We also help you provide clear, concise information about your ability to work and maintain employment.
Most importantly, having our attorney by your side minimizes your risk of having another denial. Do not wait to contact us to learn how we can help you with your claim. We offer free initial consultations for our clients in North Charleston.
Hire a North Charleston Social Security Disability Attorney Today
Facing a confusing federal program like Social Security should not keep you from applying for the disability benefits you deserve when you are sick or injured. If you cannot work, you cannot pay bills or support your family. Social Security Disability benefits are meant to help people in their time of need, but they can be hard to get.
When you need help in applying for or appealing your claim, it is time to hire a North Charleston Social Security Disability attorney from the Shelly Leeke Law Firm. We are committed to protecting your rights and guiding you through the claims process. Contact us and schedule your no-cost, no-risk consultation today.
