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Social Security Disability Attorney in Charlotte
A denial doesn’t mean it’s over. We fight for clients and the Social Security Benefits they’ve earned.
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Are You Eligible for Social Security Disability Benefits?
Our attorneys will help you determine your eligibility. To be eligible for disability benefits, you must meet two criteria:
You must be “Disabled” under the SSA’s guidelines. You are considered “disabled” if you
1) have a medical condition that falls within the SSA’s definition of disability;
2) are unable to perform the work you did previously for at least the minimum required length of time—typically a year or more; and
3) cannot perform other work because of your medical condition(s).
You must meet the minimum required number of “Social Security Credits.” As you’ve worked, you’ve accumulated Social Security Credits and paid Social Security taxes. The minimum number of credits you will need to be eligible for Social Security disability benefits is based on your age and on how long you’ve paid into the Social Security system.
What Are Your Options After Denial?
While denial feels like the end of the road, it isn’t. You have several options available even after the SSA has denied your initial application. Our Charlotte Social Security attorneys will evaluate your paperwork to determine why your application was denied and the appropriate next step.
Appeal. Appealing the denial may be an option in your case. Importantly, the SSA typically requires an appeal to be filed within 60 days of receipt of your denial letter, so contact us immediately to discuss your appeal options. Four levels of appeal are available.
- The first level of appeal is Reconsideration. An SSA examiner who was not involved in the initial denial will conduct a new review of your application.
- If your application is again denied after Reconsideration, you may request an Administrative Hearing, which is an in-person or video hearing before an administrative law judge.
- If you are unsuccessful at the Administrative Hearing, you may request a final review by the SSA Appeals Council. The Appeals Council has the option of whether or not to review your case, and will likely only grant your request for review if it believes the judge made the wrong decision or did not comply with all SSA laws and regulations.
- If you’re still dissatisfied after the SSA’s final decision, you may request that your case be reviewed by a Federal Court. This option requires filing a lawsuit with your local U.S. District Court.
The appeals process can be complicated, so the assistance of our experienced Social Security attorneys is invaluable when working with the SSA.
Reapplication. In some cases, the best option may be to file a new application. That will allow you to fix any defects in the previous application while still potentially preserving the original application date. Our Charlotte attorneys can assist in making this determination and help you reapply.
You Can Afford a Great Attorney
For more than 35 years, Morgan & Morgan has been fighting for people like you, recovering billions of dollars for clients. We don’t charge up-front costs or fees. Because we take your case on a contingency fee basis, we only get paid if your case is successful. You have nothing to lose, and everything to gain, by contacting our Charlotte office today.