If you need a Cary Social Security Disability Lawyer to help with your , The can help you. We do not get paid unless we win and we offer free reviews, (919) 615-3095 or start your free case review now.
Types of Disability Benefits
The Social Security Administration generally has two types of benefits that the disabled can apply for: Insurance benefits () and (). is based on credits from the work that you have done in your life while is a need based program.
Generally, if you have worked 5 of the last 10 years, you are eligible for . If not, you could be eligible for . If your work earnings were low enough, you may be eligible for both types of . But, you must be found disabled by SSA before you are entitled to either type of .
The Appeals Process
Applying for can involve several appeals. The , reconsideration level, hearing level, Appeals Council and District Court can all be a part of your journey to attain . You can be approved at any level in the but statistically speaking you have your best chance of approval at the hearing.
At every level mentioned above (except for District Court), SSA uses the Five Step Sequential Evaluation to determine if you are disabled.
- Step 1 – Are You Working? The Social Security Administration defines work as “Substantial Gainful Activity” (SGA). SGA is roughly defined as work from earnings that average more than $1,470 (2023) a month. If you are making that amount you generally cannot be considered disabled.
- Step 2 – Is Your Condition “Severe”? Severe is defined by the Social Security Administration as: your condition must interfere with basic work-related activities for your to be considered.
- Step 3 – Is Your Condition on the List of Disabling Conditions? The Listings are very hard to meet in most cases and not always interpreted as a common reading would suggest. If you meet a listing you are gravely ill. The listings are found here.
- Step 4 – Can You Do the Work You Did Previously? The Social Security Administration will look at your past work and determine if it was sedentary, light, medium, or heavy. They also will evaluate the skill level: unskilled, semi-skilled and skilled. For instance, an would be sedentary skilled work. The Dictionary of Occupational Titles is found here.
- Step 5 – Can You Do Any Other Type of Work? If the Social Security Administration finds that you cannot do what you used to do, they then look to see if you can do anything else. This is where the “grids” come into play. The grids are the Medical-Vocational Guidelines. The grids are only for exertional impairments. Non-exertional impairments are not considered by the grids. If you are found to be capable of any other work, you will be found not disabled. Read The Grids and Your .
Next Steps
The most important step to attaining or is the first step, which is to apply:
- Call The for your free evaluation at 919-615-3095. We will send you some information to get you started.
- Call your local Social Security Office and set up an appointment to file for or . The SSA office for Cary is located in Raleigh at 3315 Poole Road. Their phone number is 800-772-1213. You will need this information to file.
- Make a list of your and the medications you take. You will also need a family member/friend who will be willing to give information about your impairments to Social Security.
- After you apply, your will be sent to DDS ( Determination Services) for the initial level of review. An examiner at DDS will review your information and send you forms to fill out. Fill out this information as soon as possible and return it to the examiner.
- Meet with us! One of our paralegals will set up some time to discuss your with your representative at our Raleigh Office. Bring your medications and list of doctors with you to this meeting.
You should know that DDS denies most of the claims that they see. If you receive a denial, do not be upset. Many people receive denials from DDS and they go on to be approved at a later level. Unfortunately, this seems to be part of the process.
Do you need a Cary Social Security Disability Lawyer?
While it is not required to have a to help with your , it can help your for go more smoothly. claims revolve around medical evidence demonstrating your impairments. A can gather all your medical evidence and ask your treating doctor for their medical opinion regarding your illness.
If your goes to the hearing level, this evidence will need to be presented to the SSA (ALJ) in a orderly and complete manner for them to make the right decision on your . In addition, an will make arguments to the ALJ regarding your eligibility for .
The handles in Cary, NC. We do not get paid unless we win and we offer free reviews by phone, (919) 615-3095.