by Clauson on November 24, 2014

Disability claim lawyers provide a critical and valuable service to the disabled citizens of North Carolina.  In this, the disability claim process can be daunting to the inexperienced or novice claimant. The initial part of the process focuses on the gathering of information. Disability claims are most often based upon the disabling effects of physical or mental conditions.  Disability claim lawyers are well versed in obtaining a full and accurate medical history from the claimant.  The lawyer gathers the names of all the medical providers of the claimant, their contact information, and the approximate dates of treatment provided to the claimant by such medical provider. It is a key component of success for the disability claim lawyer to obtain a qualifying statement from a claimant’s treating physician.  A qualifying statement from the claimant’s personal treating physician will most certainly be carefully examined and considered favorably by the Social Security Administration.

Disability claim lawyers also possess the experience needed to analyze the gathered data on the social security disability claimant. The disability claim lawyer will know to closely examine the duration of the disabling condition first.  If the duration of the disabling condition is greater than a year, then the disability claim analysis moves to the next step.  If the duration of the disabling condition is less than a year, then the disability claimant’s case will probably receive a durational denial of benefits. Under those circumstances the claimant should seriously consider seeking the services of a disability claim lawyer.  The disability claim lawyer will have the experience to analyze the situation and locate the additional proof necessary to prove the duration of disability is sufficiently long enough to qualify for disability benefits.

Furthermore, the disabling condition (or conditions as the case may be) must be examined with regard to its effects on the ability of the claimant to engage in gainful activity, or work. The Social Security Administration will examine the last 15 years of a disability claimant’s work history. If a disability claimant’s disabling condition prevents them from performing any of these prior jobs, then the analysis continues. Disability claim lawyers understand that the claimant’s educational, work, and socioeconomic status are also very important parts of the analysis. A disability claim lawyer will understand how to integrate the concepts of substantial gainful activity, the national economy, and skill transferability into the analytical process. Do not try to perfect this process with no experience.  Allow a disability claim layer to assist you in your claim for Social Security disability benefits.



by Clauson on November 24, 2014

There are several reasons for a disability claimant to be denied Supplemental Security Income, or “SSI.” The reasons for the denial of a claim for SSI benefits may be medically-related. In this, to be eligible for SSI benefits, the disability claimant must suffer from a sufficiently-severe condition. The Social Security Administration uses the effect the debilitating condition has on the ability of the claimant to perform work. Furthermore, the debilitating condition must significantly interfere with the regular activities the SSI claimant engages in on a daily basis.

A disability claimant may also be denied SSI benefits if their debilitating condition does not last for twelve months. A claimant will be durationally denied if medical records suggest that his condition will resolve itself within the twelve month frame of reference. Therefore, many denials of SSI claims occur due to the failure to fulfill the twelve month durational requirement.

If a claimant’s condition is not severe enough to prevent them from going back to work, SSI benefits will be denied. In this, the debilitating condition must sufficiently limit a claimant’s mental and/or physical abilities such that they cannot return to the kind of work they have performed in the past. A denial can also result if the SSI claimant has enough educational or vocational experience, education, or training such that other types of work could be performed. A good disability attorney will often challenge denials at trial based on this sort of analysis.

Denials of SSI claims for lack of severity of condition translate into distinct categories. A claimant who cannot perform strenuous work or must remain sitting while working would be categorized as having the work capacity to perform sedentary tasks. A claimant seeking SSI benefits may also be categorized as having the ability to work light or medium level of work. In any event, this remaining ability to perform different types of work is called Residual Functional Capacity by the Social Security Administration. Residual Functional Capacity, or “RFC” as it is called in the disability genre, does not always have to be physically-related.

Mental limitations are taken into consideration in determining eligibility for SSI benefits too. In this, certain mental disabilities may limit an individual’s ability to concentrate, retain information, or learn. Some mental residual functional capacity limitations adversely impact a claimant’s ability to deal with supervisors or co-workers. Disability attorneys play a critical role in assisting those claimants who have been denied SSI benefits by insuring their medical information (both mental and physical) is currently and correctly provided to the Social Security Administration.



by Clauson on November 13, 2014

Many people find disability law both confusing and intimidating. Accordingly, your opportunity for the best outcome may rest with legal representation. Disability attorneys possess the experience and knowledge essential to assisting those who are injured or sick in seeking out and obtaining the disability benefits to which they are entitled. Do not try to navigate the complex maze of rules and regulations alone. Allow one of our expert disability lawyers assist in your endeavors.

The analysis of your potential eligibility begins with your disabling conditions. Disability attorneys such as ours assist you in identifying each and every physical or mental condition that the Social Security Administration (SSA) considers in deciding if you are truly “disabled” as that term is defined by the SSA. The best disability lawyers have the day to day expertise necessary not only to identify any conditions that would increase your chances for a favorable outcome, but also can assist in transmitting this information to the SSA for consideration and determination.

Disability lawyers provide further assistance in advancing disability claims by providing the causal connection between a disabling condition and the ability of a claimant to perform gainful employment. In order for a disabling condition to be effective in advancing a disability claim, it must be a condition that persists for at least a year and prevents the performance of gainful employment activity. Gainful employment activity is based on several factors including, but not limited to, educational background, vocational training, and socioeconomic background to name a few.

A disability lawyer will also know which benefits are best for the claimant. In addition to disability benefits, the claimant may also be eligible for Supplemental Security Income. SSI, as supplemental security income is often called, is another type of disability benefit that is need based program. SSI also has certain income and financial resource requirements. A disability lawyer will assist the disabled claimant in seeking out the various benefits to which he or she may be entitled.

Perhaps the best service a disability lawyer provides for disability claimants is familiarity with the system and the attendant processes. A disability lawyer knows the deadlines in which to have various aspects of your claim completed and properly submitted to the SSA. For the non-lawyer, the process may seem confusing and stressful. A disability lawyer will assist in filing the appropriate paperwork with the appropriate office by the appropriate date. The value to the disability claimant in the reduction of stress alone is immense.


Filing Smart with a Competent Disability Attorney

by Vaughn Clauson on July 22, 2014

Leading Issues Faced by Disability Recipients

  • Nearly 40% of the working disabled have reported discrimination in the workplace
  • Nearly 20% of that 40% believe they have been refused jobs or promotions because of their disability.
  • Out of all the families in the United States, nearly 20 million families have a family member that suffers from a disability.

Why Hiring a Disability Lawyer is Essential

  • Nearly 2/3 of all disability claims filed are initially rejected.
  • Social security’s rules and regulations are extremely difficult to navigate.
  • A disability attorney can help to ensure that your rights and interests are protected.
  • Statistics show that represented claimants have a better chance of being approved for benefits at the hearing level.
  • A Social Security disability attorney will file an initial application for you, make sure all appeals are filed correctly on your behalf, and that all medical records are requested and submitted to SSA.
  • If a hearing is necessary, an attorney will write a pre hearing brief (explaining to SSA why you are disabled based on Social Security’s rules and regulations, with references to your medical file) and personally represent you at the hearing before an Administrative Law Judge.
  • You don’t pay a cent unless your disability claim is approved.

What to Look for in a Disability Attorney

  • Experience
  • Qualifications
  • Organization
  • Compassion
  • Track Record of Success
  • Diligence
  • Integrity

Contact The Clauson Law Firm, PLLC today at 877-835-0923 if you want quality legal representation for your Social Security Disability Claim. Our North Carolina disability attorney and staff have an extensive amount of experience in handling claims, and they will give your case the personalized attention that it deserves.



Can a Disability Rights Attorney in North Carolina Determine If You Meet the Medical Requirements for SSI?

June 12, 2014

It is important to understand that while an attorney can advise you of your rights, they cannot make the final determination on whether or not you meet all of the requirements for getting SSI benefits. An attorney can point out […]

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How a Disability Lawyer in North Carolina Can Help You Appeal a Denied Claim for a Learning Disability and/or Intellectual Disability

June 5, 2014

The application process for social security can be daunting, especially if a claimant is suffering from a learning disability and or intellectual disability. From gathering the paperwork to speaking with Social Security case workers, the process can prove to be […]

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Can a Disability Law Office in North Carolina Help with a Social Security Disability Claim? 

May 30, 2014

When life happens, many people do not know how to cope. In the case of an unforeseen disability, it may prove exceedingly helpful when filing the claim to seek the assistance of a disability law office. North Carolina firms are […]

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Understanding Disability Benefits

May 29, 2014

While Social Security disability benefits are pretty standard nationwide, it is important to understand disability law. Although SSD rules and regulations are the same across the state, the decision makers vary from state to state. A local attorney will be […]

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Are You Considering Applying for Disability Benefits?

May 28, 2014

Millions of Americans file for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) each year. If you’ve become disabled and are no longer physically or mentally able to work a steady job, it’s important to make sure your […]

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File a Successful Claim with a Disability Attorney in North Carolina

May 26, 2014

Applying for disability benefits can be a complicated and frustrating process for claimants. Recruiting a disability attorney in North Carolina to assist you with the initial application and beyond is generally an advantageous route. Your attorney will answer your questions, […]

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