Charlotte NC Social Security Benefits Lawyer
Social Security Disability
In addition to providing retirement benefits, Social Security provides benefits to persons who are disabled. However, to qualify for disability benefits a person must be totally disabled and meet strict guidelines regarding what constitutes a disability. Not only does this require that a person have some physical or mental condition that prevents them from doing their previous work, the condition must also prevent them from being able to perform any other available work. In addition, the disability must be long term; Social Security benefits are not available for persons with short term or partial disabilities.
If you feel like you qualify for disability benefits through Social Security, the first step is to submit an application to the Social Security Administration. Some medical conditions are recognized as so severe that persons suffering from one of those conditions automatically qualify for benefits. If an applicant is not suffering from one of those conditions, he/she must submit evidence to establish that they are suffering from a physical or mental condition that renders them unable to do any work. Once the evidence has been submitted and reviewed, the Social Security Administration will issue a determination as to whether the applicant qualifies for benefits. Unfortunately, in a large number cases, benefits are denied. BUT THAT IS NOT THE END OF THE SOCIAL SECURITY DISABILITY PROCESS.
If you have been denied disability benefits, you have a right to a hearing before an Administrative Law Judge. At that hearing you can present evidence to support your claim. This evidence must not only establish that you have a disabling condition but also that the condition renders you unable to perform your previous work AND that there is not any work available in the economy that you would be able to perform. This usually requires not only medical evidence, but evidence as to what, if any, work you might be able to perform and evidence as to whether or not there is any work of that type available. In addition, the evidence must also establish that your disability is long term. While the rules of evidence applied at these hearings are less stringent than those that apply in court, there are still rules that apply, and if your evidence does not qualify under those rules, it will not be considered.
If a person loses at the administrative hearing, he may still appeal the denial of his claim to the United States District Court for the district in which he lives. This involves a full fledged trial before a federal judge. At this hearing, all the formalities of a federal trial, including all the Rules of Evidence, apply.
Most people start the process of applying for benefits on their own by submitting an application to the Social Security Administration. If you have been denied benefits based on your initial application, you should give serious consideration to retaining an attorney. An attorney can help you collect the evidence you will need to present at the administrative hearing, make sure the evidence complies with the applicable rules and direct the presentation of that evidence so that it most effectively presents your case.
If you or a loved one has an issue regarding Social Security benefits, call Richard A. Peniston & Associates, P.A. now at 704-557-0919 or Contact Us. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.