SSI DISABILITY CLAIMS NORTH CAROLINA

by Clauson on December 24, 2014

In addition to disability, the disability claimant may be eligible for Supplemental Security Income, or “SSI.” To be eligible for SSI benefits, the disability claimant must suffer from a severed condition.  The level of severity is measured by the effect the condition has upon the ability of the claimant to work. Furthermore, the debilitating condition must significantly interfere with the daily activities in which the SSI claimant engages. A disability claimant must suffer from a disabling condition for twelve months. A claimant will be denied if medical records prove the SSI claimant’s condition will resolve itself within the twelve month frame of reference.

If a claimant’s condition is not severe enough to prevent them from going back to work, SSI benefits will not be available.  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.

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.

There are also financial considerations as part of the eligibility determination for SSI benefits.  In this, the SSI claimant’s financial resources and means are taken into consideration.  Financial resources can be attributed to the SSI claimant by virtue of income earned in the household as a whole.  The claimant with excess financial means, assets, and resources may find themselves ineligible for SSI benefits.

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SOCIAL SECURITY LAW FIRM NORTH CAROLINA

by Clauson on December 17, 2014

Many citizens of North Carolina suffer from disabilities of a physical or mental nature yet are unsure if they qualify for social security disability benefits. These potential claimants need to contact a Social Security Law Firm. The social security law firm assists the disabled by first assimilating the information available to support their claim.  The claimant’s work and medical history must be analyzed by the social security law firm.

Work history concerns the disability claimant’s employment over the last 15 years.  The inquiry may reach further as the analysis progresses to the skills and education learned by the claimant over the 15 year window.  The transferability of this knowledge and skill has the potential to affect the disability analysis. The social security law firm understands to focus on these issues in conjunction with the opportunities available in the national economy. This analysis is an absolute must if the case is presented to an Administrative Law Judge.  In this, the Administrative Law Judge will receive testimony and reports from a vocational expert. The vocational expert will provide the court with an opinion as to the ability of the claimant to find work in this economy based his disabling condition, work history, and residual functional capacity.

Medical history is the most important source of disability information. The social security law firm needs a complete record of all medical care and services provided claimant. Once this information is obtained, obvious disabling medical conditions can be identified and properly supported with qualified statements from a claimant’s personal treating physician. These are extremely effective pieces of the disability puzzle. The social security law firm realizes that qualified statements of disability from a claimant’s treating physicians are most persuasive in a hearing before an Administrative Law Judge.

Further, are the disabling conditions of a sufficient duration to qualify a claimant for social security disability benefits? If the social security law firm discovers the disabling condition is expected to persist beyond the twelve month threshold, the disability claim is in the appropriate posture for success. If the condition is not expected to last beyond the threshold of twelve months, the firm must examine the interaction with other potential disabling conditions as well as any side effects of treatment that could result in a lingering impairment of the ability to perform gainful and productive physical activity.

The social security law firm is an essential partner for a successful disability claimant.  Contact your North Carolina Disability Law Firm today.

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NORTH CAROLINA DISABILITY ATTORNEY

by Clauson on December 15, 2014

North Carolina disability claimants should seriously consider exercising their rights to be represented at each level in the disability determination process by a disability attorney.  Reputable and experienced disability attorneys absolutely enhance the opportunity of bringing a successful claim for social security disability benefits or supplemental security income.

Social Security disability benefits are designed primarily for those individuals stricken with a disabling condition that persists for at least 12 months. The individuals must also be able to prove their identity and alien status. The disabling condition is also required to prevent the claimant from engaging in substantial gainful activity or work.  The social security administration will also examine the disability claimant’s last 15 years of work experience as part of the process.  The claimant’s residual functional capacity to perform work as a result of transferable skills, knowledge, and work experience is taken into account.  Furthermore, the disabling condition need not only be physical in nature.  Mental conditions quite frequently result in a determination of eligibility for disability benefits.

Disability attorneys are extremely helpful to the claimant whose initial application was denied. In North Carolina, an unsuccessful disability applicant has sixty days to file for reconsideration.  In reconsideration, another individual is utilized to analyze the file and render an independent decision.  While most reconsiderations are unsuccessful, they are a required step before appealing an unsuccessful decision further. Be advised, there is also a sixty day time limit in  which to file for the next phase in the disability process.

The next phase for the claimant unsuccessful at reconsideration is a request for a hearing before an Administrative Law Judge or ALJ.  A disability attorney is advisable prior to proceeding with the hearing before the ALJ. The disability attorney will have the expertise and knowledge to bring the ALJ’s medical file up to date, including previously omitted information and including newly generated information such as recent medical procedures and treatment.  The ALJ will also take testimony from a vocational expert regarding the ability of the claimant to find work in the national economy based upon his residual functional capacity, transferrable skills, and vocational knowledge. The vocational expert that is not convinced of the claimant’s work abilities and capacity may be persuaded to change his opinion by the skillful and experienced disability attorney.  The knowledgeable disability attorney will cross examine the vocational expert on the effects of claimant’s medicines and treatment regimens as the same pertain to the ability of the claimant to perform substantial gainful activity.

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FEDERAL DISABILITY LAWYER NORTH CAROLINA

by Clauson on December 10, 2014

A disability lawyer is essential to the successful claim for disability benefits from the federal government’s Social Security Administration.  If your disability claim for these benefits from the federal government has been denied in North Carolina, do not let your claim expire. Immediately consult with a disability lawyer about keeping your claim alive through the reconsideration and appeals process. Disability lawyers are more familiar with the process and procedures established by the Federal Government in the Social Security Act for the evaluation and adjudication disability claims.

In North Carolina, a denied claimant has the federal right to seek a reconsideration of a denied claim for disability benefits.  Under federal law, the deadline for filing for reconsideration is sixty days from the date of the denied claim for disability benefits. In some states, the right to the reconsideration phase of the appellate process has been completely eliminated. In any event, under reconsideration, a new claims examiner from the Disability Determination Services must fully analyze the entire claim. In states like North Carolina reconsiderations are a prerequisite to the exercising of the next right in the appellate process: the right to a hearing before an Administrative Law Judge.

If the disability claim is denied at reconsideration, a claimant must request a hearing before an Administrative Law Judge within sixty days of the denial. The Administrative Law Judge will also take testimony from vocational expert.  Vocational experts testify as to the ability of the claimant to engage in substantial gainful activity in light of the duration and severity of their disability, their residual functional capacity, and the employment opportunities of the national economy.

Most disability lawyers are successful before the ALJ than at most other phases in the appellate process.  However, this success is offset by the length of time it takes for the claim to actually reach the hearing.  Many claimants find this long wait extremely frustrating in light of their inability to earn a living.  Despite the length of time it takes to even reach the hearing itself, the unsuccessful claimant’s federal right to appeal the claim further. The ALJ’s unfavorable decision may be reviewed by the Appeals Council.  The success rate at this level is very low as the ALJ must have made some type of technical or substantial error that warrants a reversal under federal code.  The disability claimant who is unsuccessful before the Appeals Council has the right to continue the process by filing his case in the United States District Court.

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DISABILITY RIGHTS ATTORNEY NORTH CAROLINA

December 5, 2014

In North Carolina, a denied claimant has the right to seek a reconsideration of a denied claim for social security disability benefits.  The deadline for filing for reconsideration is sixty days from the date of the denied claim for disability […]

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DISABILITY LAWYER IN NORTH CAROLINA

December 2, 2014

A disability lawyer is essential to the successful claim for disability benefits from the Social Security Administration. If your disability claim has been denied in North Carolina, do not let your claim expire. Immediately consult with a disability lawyer about […]

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DISABILITY LAW OFFICE NORTH CAROLINA

November 28, 2014

Many citizens of North Carolina suffer from disabilities of a physical or mental nature yet are unsure if they qualify for social security disability benefits. These potential claimants need to avail themselves of the Disability Law Office immediately. The experienced […]

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DISABILITY CLAIM LAWYER NORTH CAROLINA

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 […]

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DENIED SSI BENEFITS NORTH CAROLINA

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 […]

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BEST DISABILITY LAWYER NORTH CAROLINA

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 […]

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