If you cannot work because of a disability, you can apply for Social Security disability benefits. Unfortunately, the Social Security Administration (SSA) denies many of the initial applications filed. That results in the need to file an appeal.
You can appeal the denial if your application is denied, but you must act quickly to protect your rights. This blog explains the Social Security appeals process and gives tips for winning a Social Security disability hearing.
Appealing a Social Security Disability Denial in Charlotte, NC
The Social Security Administration (SSA) is the government agency responsible for overseeing SSI and SSDI disability benefits. You begin by filing a disability application with the SSA. If the SSA denies your initial application, you may find yourself in the position of appealing the denial for Social Security disability.
The appeals process for Social Security disability is summarized as follows:
- Request that the SSA reconsider its decision to deny your disability application
- Request a hearing with an administrative law judge if the SSA denies your application after reconsideration
- Request a review by the Appeals Council if you disagree with the administrative law judge’s decision
- File a court action with the U.S. District Court if you disagree with the decision from the Appeals Council
When you appeal a Social Security disability denial, the SSA assigns the file to another agent to review. This phase is called a “reconsideration.” Ask the SSA if anything is missing from your file. You want to ensure that you provide all requested information to avoid another denial due to a lack of documentation.
The new agent should review your file as if it were a new case. If the agent approves your application upon reconsideration, you should begin receiving your disability payments. However, if the agent denies the reconsideration, you must ask for a hearing before an administrative law judge (ALJ).
Tips for Winning a My Social Security Disability Hearing
The administrative law judge (ALJ) serves as the fact-finder, meaning they decide if the evidence you present proves you are entitled to disability benefits. The ALJ reviews all relevant materials submitted, including medical records, statements from medical professionals, and test results.
You also have the right to testify at your hearing and call witnesses to testify about your case. The ALJ may also ask you questions about your medical condition and disability claim.
Tips for winning a Social Security disability hearing include:
- If an attorney does not represent you, contact a Charlotte Social Security disability lawyer immediately for a free consultation.
- Review your case with your attorney before the hearing, including your medical records and documents presented to the SSA. You need to ensure you remember what you told the SSA in your initial application and what issues you need to address at the hearing.
- Provide recent medical records to prove that your disability continues and prevents you from working. Your attorney may retrain medical specialists to testify at your hearing to corroborate the medical records.
- Your lawyer may have you see a vocational expert before the disability hearing. A vocational expert evaluates your impairment to determine if you can perform gainful activities to earn a living.
- Practice your testimony by rehearsing responses to questions commonly asked by ALJs. An attorney with experience handling disability hearings is familiar with the standard questions judges ask during the hearing.
- Be consistent throughout your testimony and the case. You should also be honest and avoid exaggerating or minimizing your symptoms. Judges listen for inconsistencies and discrepancies in testimony.
- Arrive early and remain calm. Dress professionally for the hearing. If you do not have a suit, ask your attorney about appropriate attire for the hearing.
- Listen carefully to each question the ALJ asks. If you do not understand a question or the information requested, ask for clarification before responding. Also, do not guess at answers. If you are unsure, it is better to state that you do not know.
- Review the hearing format with your lawyer. Understanding the steps the hearing will follow helps you remain calm and focused during the hearing.
You should do whatever is possible to maximize your chance of winning your disability hearing. That begins with hiring an experienced attorney to present your case to the administrative law judge.
Work With an Attorney To Appeal Your Social Security Disability Denial in North Carolina
An administrative law judge has extensive knowledge and experience with the laws and regulations governing Social Security disability claims. Therefore, it benefits you to have a representative who understands the law and how to present the evidence to demonstrate you are entitled to disability.
Hiring a Charlotte Social Security disability lawyer gives you the best chance of winning your Social Security disability hearing. Call Riddle & Riddle Injury Lawyers to schedule a free consultation to learn more about how an attorney can help you with a denial of disability benefits.
Contact a Personal Injury Lawyer from Riddle & Riddle Injury Lawyers for Help Today
For more information, please contact Riddle & Riddle Injury Lawyers to schedule a free consultation with a personal injury lawyer in North Carolina today. We have five convenient locations in North Carolina, including Greenville, Raleigh, Goldsboro, Jacksonville, Kinston, Charlotte, Greensboro, Durham, Fayetteville, Wilmington, Winston-Salem & Garner.
Riddle & Riddle Injury Lawyers - Greenville Office
300 E Arlington Blvd Suite 2A #110, Greenville, NC 27858
252-397-7400
Riddle & Riddle Injury Lawyers - Raleigh Office
4600 Marriott Dr STE 500, Raleigh, NC 27612
919-459-7855
Riddle & Riddle Injury Lawyers - Goldsboro Office
601 N Spence Ave, Goldsboro, NC 27534
919-759-6963
Riddle & Riddle Injury Lawyers - Jacksonville Office
3391 Henderson Dr, Jacksonville, NC 28546
910-910-1860
Riddle & Riddle Injury Lawyers - Kinston Office
807 N Queen St, Kinston, NC 28501
252-397-0134
Riddle & Riddle Injury Lawyers - Charlotte Office
1914 J N Pease Pl Suite 142, Charlotte, NC 28262
704-781-7980
Riddle & Riddle Injury Lawyers - Greensboro Office
7B Corporate Center Ct Suite 15, Greensboro, NC 27408
336-395-5349
Riddle & Riddle Injury Lawyers - Durham Office
100 E Parrish St STE 200, Durham, NC 27701
919-925-6039
Riddle & Riddle Injury Lawyers - Fayetteville Office
2517 Raeford Rd, Fayetteville, NC 28305
910-387-0861
Riddle & Riddle Injury Lawyers - Wilmington Office
1608 Queen St Suite 12, Wilmington, NC 28401
910-889-3926
Riddle & Riddle Injury Lawyers - Winston-Salem Office
102 W 3rd St, Ste 1007, Winston-Salem, NC 27101
336-396-6310
Riddle & Riddle Injury Lawyers - Garner Office
500 Benson Rd Suite 111, Garner, NC 27529