If you live in Greenville, NC, The Bishop Law Firm can handle your Social Security Disability case. In this article, I will discuss the steps you need to take to get your claim started and how our firm can help. We offer free case reviews by phone or you can start your free case review online now.
There are two types of benefits (generally) that you may be eligible for: Social Security Disability Insurance and Supplemental Security Income.
Social Security Disability Insurance (SSDI)
SSDI (Social Security Disability Insurance) is based on the credits from the work you have done in your life. You must be found disabled before your date last insured (DLI) to be found eligible for SSDI. Your DLI is calculated by counting your “quarters of coverage” from your earnings record.
You must have 20 “quarters of coverage” of the last 40 quarters. Simply put, you must have worked 5 years of the last ten years (in general). In addition, Adult Disabled Children can be eligible for benefits off their parent’s account.
Supplemental Security Income (SSI)
SSI (Supplemental Security Income) is a need-based program and you must meet income/asset standards in addition to being found disabled under the five steps above. In 2023, SSI is $914.00 per month for an individual and $1,371 for an eligible couple. SSI will be reduced by 1/3 if you are receiving financial help from others. In NC, SSI recipients are also entitled to Medicaid.
What happens after you apply for Social Security Disability in NC?
After you apply for Social Security Disability benefits at your local SSA office or online, your case is sent to Disability Determination Services (DDS) in Raleigh, NC. An examiner (similar to an insurance adjuster) will be assigned to your case. They will order your medical records and send you forms to complete. DDS can be slow and they deny about 70% of the applicants that they see.
Responding to requests from the examiner and keeping the examiner informed about your medical treatment are important steps. If you do not respond to the examiner, they can deny your case on a technicality. Ignoring the examiner will not help with getting an approval and may even reflect poorly on your case later on.
If you receive a initial denial, do not be discouraged. If you are unable to work because of your health, you must appeal any denials that you receive within 60 days. If you do not appeal the denial within 60 days, you will have to start your claim over.
Once an appeal is filed, called the “reconsideration”, your case will again be sent back to DDS and assigned to a different examiner for them to receive your disability claim. Most people are also denied at the reconsideration level as well.
If you receive a reconsideration denial, you will need to appeal again. This appeal is called a “request for hearing.” Your case will be sent to the Social Security Administration’s Office of Hearing Operations (OHO) where a SSA Administrative Law Judge will be assigned to hear your claim for Social Security Disability benefits.
If you live in Greenville, NC, your local hearing office is in Raleigh, NC but hearings are held at a satellite office at the Greenville Social Security Administration on Charles Blvd or by phone/video.
The hearing will take some time to schedule, but you have the best statistical chance of being approved for Social Security Disability benefits at this level. You will be given an opportunity to make arguments, give testimony and present evidence that supports your claim for disability benefits. Proper preparation for your hearing is essential to your Social Security Disability case.
Frequently asked Questions:
Is it hard to get disability in North Carolina? No, it would seem just the opposite. In 2022, NC had the 2nd highest hearing level approval rating in the nation according to Atticus at 62%. This means that 62% of the applicants who received hearing decisions were approved. However, that does not guarantee personal success.
How far back does disability pay in NC? Social Security Disability Insurance pays backpay up to one year prior to your application while Supplemental Security Income does not become payable until the first month after you apply for it.
What is the 5 year rule for Social Security Disability Insurance? You must have 20 “quarters of coverage” of the last 40 quarters for Social Security Disability Insurance. Simply put, you must have worked 5 years of the last ten years (in general) to be disability insured.
What is the most a Social Security disability lawyer can charge? Currently, SSA allows attorneys to charge 25% of the client’s backpay up to a maximum for $7,200. For example, if the client attains $10,000 in backpay the attorney will receive $2,500. If the client receives $100,000 in backpay, the attorney receives $7,200.
Do you need a Greenville Social Security Disability Lawyer?
As Social Security Disability representatives, we have clients come to our firm after receiving denials with messy, disorganized and incomplete files. The first step in winning a Social Security Disability claim is seeking medical treatment. The second step is obtaining medical records and giving it to the decision maker in a format that they can use. If all your evidence is not given to the decision maker (DDS or ALJ), you can not expect them to make the right decision in your claim.
After organizing and submitting the evidence, arguments should be made as to how the evidence presented demonstrates why an claimant should be found disabled. If a claimant can handle all these tasks alone, wouldn’t that suggest that they can work? Unfortunately, as harsh as it seems, this can be the prevailing view of a Social Security Disability claimant who tries to represent themselves.
A Greenville Social Security Disability Lawyer on your case can improve your chances of winning by knowing the process and what SSA is looking for to approve your claim. Providing all evidence, making the appropriate arguments and asking you the right questions about your impairments during a hearing can make the difference between a approval or denial.
Lastly, since our firm is not paid unless you win, we have a vested interest in seeing you succeed. If you are unable to work because of your health and live in or around Greenville, NC, just know The Bishop Law Firm handles Greenville Social Security Disability cases at any level and is willing to assist you throughout your disability case. Start your free case review now!