If you have been denied Social Security Disability (SSDI) benefits, then call the Wake Law Office for a free consultation with an experienced attorney. We can help you evaluate your case, appeal the SSDI denial, and represent you at your hearing. Social Security Disability cases, if initially denied, can take almost two years to get to a hearing, so patience and keeping in touch with your attorney is the key. Continue getting medical treatment and keep track of your paperwork. If you win your appeal, you will be entitled to back due benefits starting from the disability onset date.

To apply for SSDI, you must have worked long enough and recently enough under Social Security to qualify for disability benefits. Social Security work credits are based on your total yearly wages or self-employment income. You can earn up to four credits each year. The amount needed for a credit changes from year to year. In 2007, you earn one credit for each $1,000 of wages or self-employment income. When you've earned $4,000, you've earned your four credits for the year. The number of work credits you need to qualify for disability benefits depends on your age when you become disabled. Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled. However, younger workers can qualify with fewer credits. The Social Security Administration publishes a chart  indicating how many credits you need to qualify according to your age.

Many people are denied SSDI because they are not disabled enough to qualify. Disability under Social Security is based on your inability to work. You must be unable to do work that you did before and unable to adjust to other work because of your medical condition(s). Your disability must also last or be expected to last for at least one year or to result in death.

If you are working and your earnings average more than $900 a month, you generally cannot be considered disabled. If you are not working, your condition must interfere with basic work-related activities. The SSA has issued a list of medical conditions that are so severe that if you suffer from them, you are automatically deemed to be disabled. If your medical condition is not on the list, it must be of equal severity to one that is on the list, or if not, the SSA will determine if it interferes with your ability to do the work you did previously or if you cannot adjust to do any other kind of work. They will factor in your medical conditions, age, education, past work experience and any transferable skills you may have. If you have not been seeing a doctor for your conditions, you will not be able to win your claim. Note that there are special considerations for people who are blind. Information about how blind people can get SSDI is available at http://ssa.gov/dibplan/dqualify8.htm .

The easiest way to apply for SSDI is online, on the Social Security Web site. You may also call the Social Security Administration at 1-800-772-1213 or, for those who are hearing-impaired, TTY 1-800-325-0778. Or, if you have a day to spare, go to your local Social Security office. The office in Raleigh is at 4701 Old Wake Forest Road , north of I-440. The office in Durham is at 3004 Tower Boulevard, near Pickett Road. They are open Monday through Friday, 9 a.m. - 4 p.m. and are closed on federal holidays.

You should have as much of the following information as possible to speed up your application:

  • Your Social Security number;
  • Your birth or baptismal certificate;
  • Names, addresses and phone numbers of the doctors, caseworkers, hospitals and clinics that took care of you and dates of your visits;
  • Names and dosage of all the medicine you take;
  • Medical records from your doctors, therapists, caseworkers, hospitals, and clinics that you already have in your possession;
  • Laboratory and test results;
  • A summary of where you worked and the kind of work you did;
  • Names, addresses and phone numbers of people who know about your medical condition(s); and
  • A copy of your most recent W-2 Form (Wage and Tax Statement) or, if you are self-employed, your federal tax return for the past year.
In general, you do not need an attorney to apply for SSDI benefits. The vast majority of people are denied initially, however, and it is at that point that you should find a lawyer to help you appeal. Keep in mind that there are strict deadlines and required forms that you must send back to the Social Security office to appeal. If you miss the deadline, you will have to reapply and wait all over again. Even after you send in the forms and appeal, you will most likely have to wait a year or more before you receive notice of your hearing. During this time, you might be required by the Social Security Administration to go see a doctor for a one-time evaluation. People who know about your condition and inability to work may have to fill out a form describing what they know about your limitations.

The Social Security Administration Office of Hearings and Appeals typically will give you notice of your appeal hearing 3-4 weeks before the hearing date. That is why it is important to find an attorney to represent you when you first get denied SSDI, instead of waiting until you get a hearing notice. At the time of this writing, attorneys' fees are limited to 25% of your back due benefits or $5300, whichever is less.

While no attorney can make guarantees, an experienced SSDI attorney will help you evaluate your case, review your medical records (including communicating with your doctors when appropriate), compile all the documents, and better formulate and present your case to win your SSDI benefits. The Wake Law Office can represent you to the fullest in your SSDI claim, so call today for a free initial consultation.

 

The Wake Law Office provides experienced and honest legal counsel for individuals and small businesses throughout eastern North Carolina, in cities such as Raleigh, Cary, Durham, Chapel Hill, Knightdale, Holly Springs, Apex, Morrisville, Garner, Roxboro, Fayetteville, and Wilson.  You'll find a lawyer you can count on at the Wake Law Office.
The information contained in this site is for general knowledge only, and is not to be construed as legal advice or advice creating an attorney-client relationship.  Please schedule a confidential consultation to have your specific legal questions addressed by an attorney.