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

by Clauson on 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 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 look at the entire claim.  The claimant has the right to include any new medical evidence that was either not included in the previous levels of the process or newly acquired as a result of more recent treatment dates. 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. The Administrative Law Judge also gets an opportunity to personally evaluate the claimant’s testimony, appearance, and symptoms.  Most importantly, the claimant has the right to be represented by a disability attorney at all levels in the process.  It is perhaps most successfully utilized in a hearing before the ALJ.

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 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.  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.  It is highly recommended that the right to a disability lawyer is exercised at all stages in the reconsideration and appeals process.

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