Oak Island Social Security Disability Lawyer

Oak Island Social Security Disability (SSD) Attorney

If you are in real need of the help that SSDI offers, the process of seeking that help can be excruciatingly stressful and time-consuming. Any mistake in following the procedure can lead to almost endless delays, and the Social Security Administration is looking for the slightest reason to deny a claim. We wish the process were much simpler, but at least there is some help. By working with the team at Christina Rivenbark & Associates, you can know that you are working with a team that understands the process from application through appeals. Our attorneys can give your case a strong chance of approval.

What SSDI Is For

SSDI is a program that is meant to, through the Social Security Administration, offer assistance to those who are unable to work due to a disability of some sort. The disability in question could be either physical or psychological in nature. The SSA has its own medical staff who will evaluate cases to determine if they meet the requirements.

There is also a component of approval that takes into consideration a person’s past history with Social Security and if they have paid into the program enough to qualify. This is done on a credit-based system in which a person can earn one credit for each quarter worked. It requires someone to have earned somewhere between 6 and 40 credits, depending on their age. For those old enough for the requirement, there is also a requirement for the worker to have earned 20 credits within the last 40 quarters, which means having paid into the system five out of the last ten years.

Reasons Why SSDI Is Often Rejected

The overwhelming majority of SSDI applications are rejected on their first time through the process. This is probably an overreaction to the fraud that the program has experienced over the years. Some of the more common reasons cited for rejection include:

• Temporary Disability – For a disability to qualify for SSDI, it must be expected to last at least a year or result in your death. If the SSA medical examiner determines that this is not the case with an injury, the claim will be rejected.
• Failure to Adhere to Doctor’s Orders – It’s possible that a doctor will describe some therapeutic measures that are meant to address a condition and further the healing process. Failing to do this could result in rejection.
• Income Is Too High – There is an inflation-adjusted cap on the income that you can earn in a month before your SSDI claim is rejected.
• Failure to Cooperate With the SSA – If you don’t allow the SSA to have access to certain medical records and other information, your claim could be rejected.

FAQs About Oak Island, NC Social Security Disability Laws

What Are the Social Security Disability Requirements?

To be eligible for Social Security Disability (SSDI), you must meet the eligibility requirements of the program. First of all, this means that you must have a sufficient number of credits. Credits are earned based on the amount of work that you have done in the past. Workers will need to have earned between 6 and 40 credits based on their age. For those who are old enough, they must also have a minimum of 20 credits within the last 40 calendar quarters. This roughly translates to having paid into the system for five of the last ten years.

The other requirement is that someone seeking SSDI be disabled according to the Social Security Administration. The general criteria for this are that someone has a condition that will:

• Prevent them from participating in any significant gainful employment for at least one year.
• Eventually cause their death.

The condition is not limited to the physical but can also be a mental condition as well. Whether a condition fits these criteria will be determined by in-house medical examiners for the SSA.

Can I Appeal an SSDI Decision?

The reality is that the majority of SSDI applications are initially rejected. This is probably due to the high rates of fraud that SSDI and other government programs experience. Fortunately, though, there is an appeal process. While that can take time, it does offer the opportunity to get a rejection reversed and begin receiving SSDI benefits.

How Can a Lawyer Help in an SSDI Claim?

The SSDI process can sometimes be complex and difficult to navigate. The first thing that a lawyer can help with is the process of seeking SSDI according to the required protocols. Additionally, there is quite a bit of paperwork involved in an SSDI claim. If this paperwork is filled out appropriately, that can increase the likelihood of your claim being accepted. We have familiarity with what administrators are expecting to see in this paperwork, which can increase the likelihood of acceptance. Lastly, if it’s necessary to appeal a decision, we can help you through that process and make a case for you as needed in hearings.

What Type of Evidence Is Needed to Prove Disability?

You may think that medical evidence is the only way to prove disability, but that’s not the case. Many medical conditions affect different people differently. To make the case that you do indeed have a disability, the administration will also consider letters or testimony on the nature of your condition and the limitations that it creates. These can be from people like friends, family, teachers, former employers, and other physicians.

Get Help With SSDI Claims

SSDI can be an invaluable bit of support for those who really need it. Unfortunately, though, like so many government programs, it is subject to fraud. To ensure the security of the program, claims have become increasingly scrutinized. A side effect of this is that many claims that should have been approved are wrongfully rejected. While the appeal process is available, it can take quite a bit of time.

If you want to significantly improve your chances of getting approval on your claim quickly, and possibly even the first time around, it can be helpful to work with an experienced legal team. At Christina Rivenbark & Associates, we understand the SSDI process and can help you with your claim. Contact us today to discuss your situation.