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.

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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 the strengths and weaknesses of your case, but they cannot guaranty success or tell you that you will surely be approved for benefits. In order to apply for supplemental security income (SSI) there are a series of medical requirements and financial criteria that you must meet and an attorney can help you understand them. It may be a good idea to contact a disability rights attorney. North Carolina attorneys can provide clarification on SSI requirements

General requirements
The first thing you need to do is to read and complete the application for Social Security Benefits and the Disability Report. You will be required to provide a list of the medications you take, contact information for your doctor, copies of medical records, lab test results, W-2s and an explanation of where you worked in the past. SSI is “need-based” and in order to qualify you must meet the income requirements, and have little to no income.

Income Requirements
Social security sets an income and resource limits that applicants must meet in order to qualify for SSI benefits. The income and resources limit requirement is pretty stringent. The best way to see if you meet the income and resource requirements is to call your local social security field office or review your completed packet with a disability rights attorney. North Carolina law firms are good at reviewing these materials for their clients. Once you meet the income and resource requirements then your disability application is forwarded over to your state’s Disability Determination Services office. Your doctors will be contacted by the staff at the Disability Determination Services office and questionnaires, as well as records will be requested and processed. If more information is needed you will be contacted to go and have a special consultative examination performed.

It may be helpful to contact a local and experienced NC SSI lawyer.

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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 an arduous task to complete. If you have submitted a claim for a learning disability and it was denied, the next step is to appeal the decision. If you live in the greater North Carolina area, having a disability lawyer in North Carolina can be of great assistance. Here are a few tips to get you started on your quest of reversing the appeal.

Which Learning Disabilities Qualify?
The term learning disability can refer to any professionally diagnosed developmental disorders that affect a person on an academic, and global developmental level. Common learning disorders include: dyslexia, global developmental disorder, autistic spectrum disorders, speech and language disorder, hearing disorder, and a host of others. A learning disability does not serve as an indicator of low level intelligence. It is more of a label assigned based on how a person’s brain can process information.

Intellectual Disability
Many claimants with learning disabilities do suffer from intellectual disabilities as well. An intellectual disability may qualify based on Social Security’s listings if a person has an IQ of 59 or less, or an IQ of 60-70 with physical and/or mental impairments that impose an additional and significant work-related limitation of function. For listing 12.05C, deficits in adaptive functioning that started early in life must also be present. Proving disability may require school records that reflect the learning disability and/or intellectual disability. However, if you are filing a claim on the basis that the learning disability and/or intellectual disability prevents you from working then you might need a disability lawyer in North Carolina to assist with the process.

When a Claim is Denied
If you get denied then you should appeal that claim as soon as possible. Social Security allows sixty days to appeal. It is important to file the appeal within that window of time. First, you should contact your local Social Security Administration office and let them know that you would like to initiate an appeal, or file the appeal online. If you are working with a lawyer, then he or she will take care of the appeal for you and advise you of what avenues to take in order to ensure that the process runs smoothly.

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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 plentiful and helpful when it comes to understanding the whole disability application process.

Filing for Benefits
If you ever become disabled, one of the first things that you should do is apply for Social Security disability benefits, which is a long term disability program administered by the Social Security Administration, as soon as possible. There are a few ways that you can do this. The first is by going on the Internet to the Social Security Administration’s website. The second way is by calling up Social Security directly. The last is to consult with a disability law office. North Carolina lawyers can be helpful with this process. If you choose to contact Social Security directly, please know that your phone call is only going to secure you an appointment to file your claim either via telephone or in person at one of the local field offices of Social Security. You will then be mailed at Disability Starter kit or you will be encouraged to go on the Social Security Administration’s website in order to download the Disability Starter Kit.

Next Steps
Prior to your appointment (whether via telephone on in person) you should review the Disability Starter Kit. It will provide a good basis of understanding what you claim interview will be like. Also, prior to your interview, you should complete a form called the Disability Report. This is one part of the application process and the form is also available on the Social Security Administration’s website. Another form that you are required to complete is the application for Social Security Benefits. Since the review process can take anywhere from three to five months, you should consider applying as soon as possible for your long term Social Security benefits. To avoid the hassle of completing all the forms and the appointments on your own, it may be helpful to contact a NC SSD lawyer.

If your application meets the minimum technical requirements to receive disability benefits then it will be forwarded to the Disability Determination Services office – there is one in every state. The Disability Determination Services office makes the final medical decision regarding your disability application. This is where having a law firm on your side can be handy, because if your claim is denied, then you will have to appeal it.

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