Social Security Disability Lawyer in Durham, NC | Durham SSDI Lawyer
Out of Work Due to a Disability? Contact a Durham SSDI Lawyer at Henson Fuerst Today.
Navigating the Social Security disability claims process on your own can be overwhelming. Our dedicated disability lawyers will guide you through the process, advocating for you and fighting for the benefits you need. Contact us today.
Championing the Rights of Clients Throughout North Carolina
At Henson Fuerst, our Social Security disability attorneys are passionately committed to safeguarding our clients' rights. We are here to assist individuals across North Carolina as they navigate the intricate landscape of disability claims. We recognize the hurdles you face and strive to ensure your rights are upheld every step of the way. Whether you’re filing for the first time or need help appealing a denied claim, our team is prepared to support and advocate for you. With a thorough understanding of both state and federal regulations, we work diligently to obtain the justice and benefits you are entitled to.
Leveraging Our Experience to Secure The SSDI Benefits You Need
Our team possesses a solid track record in disability law, using our knowledge to navigate the complex legal landscape of disability claims on behalf of our clients. From initial applications to appeals and hearings, we apply our comprehensive understanding of the law to construct a strong case aimed at securing you disability benefits. Our objective is to ensure you receive the full support to which you are legally entitled, and we work tirelessly to achieve that goal. With our experience and thorough grasp of Social Security laws, we are well-equipped to handle your disability claim.
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Car Accident
Our DURHAM SSDI lawyers can help you
Over 150 years of combined experience
Our Durham disability lawyers have helped thousands of people with their disability cases since 1976. Contact us for a free case review.
Our law firm is highly rated by our clients
You can expect to be treated like family and provided with honest and compassionate legal representation. We have helped thousands of clients just like you.
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Contact our SSDI attorneys day or night to get help with your case. Henson Fuerst will to stand up for your rights.
Steps to Apply for Social Security Disability Benefits in Durham, NC
Applying for Social Security Disability Insurance (SSDI) benefits in Durham, NC, involves several crucial steps. Here’s a helpful guide to walk you through the process:
- Check Your Eligibility: Ensure you meet the basic SSDI requirements:
- You must have worked jobs covered by Social Security and earned enough work credits.
- You must have a medical condition that aligns with the Social Security Administration’s (SSA) definition of disability.
- Collect Required Documentation: Gather the necessary paperwork:
- Personal Information: Your Social Security number, birth certificate, and contact information.
- Medical Records: Comprehensive documentation from healthcare providers, including diagnoses, treatments, and test results.
- Employment Records: Information about your work history and income.
- Complete the Application: You can apply for SSDI benefits in several ways:
- Online: Visit the SSA’s website and fill out the application online, which is typically the most convenient option.
- By Phone: Call the SSA’s national customer service line at 1-800-772-1213 to arrange an appointment or request a paper application.
- In Person: Visit your local Social Security office located at: Social Security Administration, 4300 New Bern Ave, Suite 100, Durham, NC 27610
- Submit Your Application
- Online: Complete your application through the SSA’s website.
- By Mail: If you filled out a paper application, send it to your local SSA office.
- In-Person: Deliver your application directly to the local office.
- Attend Interviews and Provide Additional Information: The SSA may require further information or may set up an interview. Be sure to respond quickly to avoid delays in your claim's processing.
- Await a Decision: After you submit your application, the SSA will evaluate it and make a decision. This review can take several months, during which they may ask for additional information or medical records.
- Appeal if Needed: If your application is denied, you have the right to contest the decision. The appeals process includes several steps, such as reconsideration, a hearing with an administrative law judge, and possibly further appeals.
If you have questions about the SSDI application or appeals process, our disability attorneys are here to assist you. Contact us today.
"Attorney David Mason is amazing. My car accident happened on March 6, 2020 and he came to see me in the hospital the 10th. I hadn’t even signed with the firm yet and he was there to ensure I was alright and explain what this process would look like. This was the last moment before our country “shut down”. Mr Mason knew the ins and outside of a case such as mine. He knew what to ask, look for, and investigate. In the midst of a pandemic, I was kept informed every step of the way. My case has been closed out in a reasonable time, 7 months. I would refer anyone to this firm…ask for David Mason."
Danielle P.
Car Accident
What to Do If Your Disability Claim Is Denied
If your disability claim is denied, it's important to know that you have the right to contest this decision. This means you can formally challenge the outcome of your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) application if it’s turned down by the Social Security Administration (SSA). The appeals process allows you to submit additional evidence, clarify details, and advocate for your case in an attempt to overturn the initial ruling.
Steps to Appeal a Denied Social Security Disability Claim
Should your SSDI application be rejected, the team at Henson Fuerst can guide you through the following steps:
- Examine the Denial Letter: Understand the reasons for your claim's denial and the appeal procedures.
- Request Reconsideration: You must initiate an appeal within 60 days of the denial. This involves a new review by a different SSA representative.
- Gather Additional Evidence: Compile updated medical documentation and other relevant information to bolster your case.
- Request a Hearing: If reconsideration is unsuccessful, you can ask for a hearing before an administrative law judge (ALJ).
- Prepare for the Hearing: Organize your evidence and prepare to present your case during the hearing. Here's a list of questions you can expect to be asked at a hearing.
- Await the Decision: The ALJ will make a ruling following the hearing.
- Seek Appeals Council Review: If the outcome is not favorable, you can request a review by the Appeals Council.
- Consider Federal Court: If necessary, you may escalate the matter to federal court.
Common Mistakes to Avoid When Applying for SSDI
Ignoring Necessary Medical Treatment
Your medical records are crucial in supporting your SSDI claim. If they don’t accurately reflect your disability's severity and nature, the SSA may question your claim's validity. Lack of proper documentation can lead to rejection.
Abusing Substances
If you are struggling with substance abuse, seeking treatment is vital. While you can qualify for SSDI benefits if you manage your addiction, failing to do so can adversely affect your claim. Courts are less likely to favor claims from individuals who do not address their substance abuse issues.
Engaging in Criminal Activity
Participating in illegal activities or being incarcerated can jeopardize your SSDI claim. Judges typically view such claims unfavorably, and benefits are generally not granted during incarceration.
Posting on Social Media
Be mindful of your social media activity. Posts related to your injury or claim can be scrutinized and may harm your case. Authorities may use social media content to challenge the validity of your claim, especially if it suggests you’re more capable than claimed.
Failing to Communicate
Keeping your attorney updated is crucial for a successful SSDI claim. Withholding information or neglecting to inform your attorney of new developments can negatively impact your case. All relevant evidence should be submitted on time, ideally five business days before any hearings, as delays may exclude critical evidence.
Missing Important Deadlines
Adhering to deadlines is essential when dealing with Social Security disability claims. Missing a scheduled hearing, neglecting consultations, or failing to file appeals within the required time can result in automatic denials. The legal system is strict regarding timelines, and overlooking them can significantly diminish your chances of success.
Be mindful of your statements
In cases where the fault is uncertain, avoid admitting guilt or blame. You should also avoid apologizing, as this may be held against you. It is crucial not to provide false information, especially when providing a statement to law enforcement.
Inform your insurance provider
Prompt communication with your car insurance provider is mandatory regardless of the determined fault. Failing to report the incident promptly may jeopardize your insurance coverage.
Cost Structure
Most disability attorneys operate on a contingency fee basis, meaning they only receive payment if you win your case. Their fees are regulated by federal law and are generally a percentage of your back pay, making legal assistance accessible without upfront costs.
A Durham SSDI attorney plays a crucial role throughout the disability claim journey, from initial applications to handling appeals and hearings. Their extensive knowledge can greatly improve your chances of obtaining the benefits you need.
How a Durham Social Security Disability Attorney at Henson Fuerst Can Assist You
If your application is denied, a lawyer can guide you through the reconsideration process. They will gather additional medical evidence and necessary documents to strengthen your claim, leveraging their familiarity with SSA procedures to improve your odds.
Initial Application Support
An attorney is invaluable during your initial SSDI or SSI application. They ensure your application is completed correctly and contains all necessary details. This foundational work can greatly increase your chances of approval. They will help you accurately document your disability to align with Social Security’s criteria for obtaining benefits.
Navigating Appeals
If the ALJ's decision is unfavorable, you may need to appeal to the Appeals Council or federal court. This is where a lawyer's expertise becomes crucial. They will formulate compelling legal arguments to address any errors in the denial and provide robust representation.
Preparing for and Attending Hearings
Should reconsideration not lead to approval, requesting a hearing before an ALJ is the next step. An attorney can assist significantly at this stage, organizing your medical records, drafting a comprehensive brief, and preparing you for potential questions. During the hearing, your lawyer will represent you, question any expert witnesses, and advocate on your behalf.
Assistance with Reconsiderations
Hiring a Social Security disability attorney in Durham, NC can significantly enhance your chances of obtaining benefits. The application and appeal processes can be intricate and daunting. Here’s how the legal team at Henson Fuerst can support you throughout:
Enhancing Your Chances of Approval
Statistics indicate that individuals with legal representation are more likely to be granted benefits compared to those who proceed alone. An attorney’s knowledge of the disability claims process can significantly enhance your likelihood of a successful outcome.
Potentially Expediting the Process
While attorneys can’t guarantee quicker processing times, they may help facilitate a faster resolution, especially in cases of urgent need due to financial distress or severe health issues.
We have represented thousands of clients in our 45 years.
$7.5M Settlement
A child involved in a truck accident suffered numerous brain bleeds as well as severe and permanent cognitive, physical, and emotional deficits as a result of his Traumatic Brain Injury. The case was filed in court and settled after multiple depositions of the parties and medical experts. The settlement was collected in full.
When to Consider Hiring a Durham Social Security Disability Lawyer
Knowing when to enlist a Durham Social Security disability attorney can greatly influence the success of your claim. Although Social Security does not mandate legal representation for applying or appealing, having an attorney can significantly boost your chances of a favorable outcome. Here’s a guide on when to consider hiring a disability lawyer:
At the Start of Your Application Process
Consulting with a disability lawyer before submitting your application is highly beneficial. If you expect that your condition will prevent you from working long-term, an early consultation can provide valuable insights. An attorney can assess your case's strengths and weaknesses, advise you on strategy, and assist with accurate application completion, potentially increasing the likelihood of initial approval.
Following a Denial of Your Initial Claim
If your initial application for SSDI or SSI is denied, seeking legal help immediately is essential. Having a lawyer during the reconsideration and hearing phases can be immensely advantageous. They can assist in gathering additional medical evidence, securing relevant doctors' opinions, drafting compelling arguments, and preparing you for the hearing. Their expertise in navigating appeals can significantly impact your ability to overturn a denial.
During the Reconsideration and Hearing Stages
If your claim is denied and you move to reconsideration or request a hearing with an ALJ, the presence of a lawyer is even more crucial. They ensure all necessary documentation is submitted, represent you during the hearing, and challenge expert testimonies against your claim. Their ability to cross-examine experts and make persuasive arguments can be vital for a favorable outcome.
At the Appeals Council or Federal Court Level
If your case is denied at the hearing level and you decide to appeal to the Appeals Council or federal court, legal representation is critical. Experienced lawyers understand how to formulate effective legal arguments and navigate the complex appeals process. Their in-depth knowledge is essential for addressing any procedural errors or injustices in your case.
When Facing Urgent Situations
In cases where your health is seriously compromised, or your financial situation is dire, such as facing eviction, a lawyer may help expedite your case. While they can’t guarantee speed, their expertise can help prioritize your situation and advocate for a quicker resolution.
For Ongoing Support and Guidance
If you are dealing with a long-term disability claim, working with an attorney who is well-versed in Social Security regulations can provide continuous support and guidance. Establishing a strong relationship with your lawyer can be advantageous, as disability claims often take years to resolve.
What to Anticipate During a Social Security Disability Hearing
A disability hearing is a crucial part of the appeals process if your initial application and request for reconsideration have been denied. Hearings can take place via phone, video, or in person, though in-person hearings may take longer to schedule. Participants usually include you (the claimant), your attorney, an Administrative Law Judge (ALJ), a hearing assistant, and sometimes a vocational expert. Occasionally, a medical expert may also provide testimony.
During the hearing, you will be sworn in, and your attorney may begin with an opening statement. You’ll testify about your medical condition, its effects on your daily life, and your work capabilities. The ALJ will ask questions related to your medical history, treatment, and attempts to return to work. Your lawyer may also question you to gather additional supportive information.
Witnesses, such as family members or coworkers, may provide relevant testimony, but this is uncommon, with the claimant and vocational expert usually testifying. The vocational expert will discuss job availability, your ability to perform various types of work, and how your disabilities impact your employability. Your attorney can question the vocational expert to clarify their testimony.
Although the hearing is less formal than a courtroom trial, it is important to approach it with respect and seriousness. ALJs are experienced professionals who aim to ensure fairness for all claimants. Hearings generally last around an hour, and after considering all evidence and testimonies, the ALJ will issue a written decision a few months later, explaining whether your claim was approved or denied and outlining the reasons for their decision.
Frequently Asked Questions
What is Social Security Disability Insurance (SSDI)?
Social Security Disability Insurance (SSDI) is a federal program that offers financial support to individuals unable to work due to a qualifying disability. Eligibility for SSDI benefits depends on your prior earnings and work history, as well as your contributions to Social Security through tax payments.
What is Supplemental Security Income (SSI)?
Supplemental Security Income (SSI) is a federal initiative aimed at helping individuals with limited income and resources who are disabled, blind, or aged 65 and older. Unlike SSDI, SSI eligibility is determined by financial need rather than work history.
When can I apply for SSDI?
You can submit your SSDI application as soon as you find yourself unable to work due to a disability. It’s advisable to apply promptly if you believe your condition will be long-lasting or permanent, as delays can slow down the benefits you receive.
Can I receive temporary disability while my case is pending?
Social Security does not offer temporary disability benefits. However, some states do have temporary disability programs, and you may qualify for other types of assistance, such as short-term disability insurance or unemployment benefits, while your SSDI claim is under review.
What are my chances of being approved for benefits?
Approval rates vary based on several factors, including the severity of your condition, the quality of your medical documentation, and how well your case aligns with Social Security’s criteria. Many initial applications are denied, but having robust medical evidence and legal support can enhance your chances of approval.
When should I apply for Medicaid?
It’s advisable to apply for Medicaid once you're approved for SSI benefits, as SSI recipients automatically qualify for Medicaid. If you are only applying for SSDI, your eligibility for Medicaid will depend on your state’s specific rules and your financial circumstances.
If I have physical disabilities along with mental health issues, will Social Security take those into account?
Absolutely. Social Security considers both physical and mental health disabilities when assessing eligibility. You will need to provide medical documentation that demonstrates how your mental and emotional conditions affect your ability to work and carry out daily activities.
How long does the SSDI application process take?
The SSDI application process can be lengthy, often requiring several months to over a year. The initial review of your application typically takes around 3 to 6 months. If you face a denial and need to appeal, the reconsideration and hearing stages can take additional time.
Can I do anything to speed up my hearing wait time?
While you can't always expedite the process, working with an attorney experienced in Social Security disability cases can help ensure your case is thoroughly prepared, potentially minimizing delays. Submitting complete and accurate medical evidence can also help avoid unnecessary holdups.
How much will my disability benefits be if approved?
The amount of SSDI benefits you receive is determined by your earnings history and the Social Security taxes you've paid. In contrast, SSI benefits are based on federal benefit rates, which may vary depending on adjustments for the cost of living in your state.
If I receive SSDI benefits, will I also qualify for Medicare?
Yes, once you are approved for SSDI benefits, you typically become eligible for Medicare after 24 months of receiving those benefits. SSI recipients qualify for Medicaid instead of Medicare.
How long does it take to receive disability benefits in North Carolina if I hire a lawyer?
The timeline for receiving disability benefits in North Carolina with legal assistance can vary. While an attorney can help streamline the preparation and management of your case, the overall process may still take several months to years, depending on the complexity and whether appeals are necessary.
Is there a time limit for filing Social Security disability claims?
There is no formal statute of limitations for filing a Social Security disability claim, but it is best to submit your application as soon as you become disabled. Benefits may only be paid for months before your application date, so timely filing is crucial.
Living with a Disability in North Carolina? You’re Not Alone
Approximately 2,706,470 individuals in North Carolina live with a disability, making up around 32% of the population, or 1 in 3 adults. If you are navigating the challenges of living with a disability, know that you are part of a large and supportive community. Many individuals and families share similar experiences, and there are numerous resources and networks available to help you manage daily life and access necessary assistance.
Contact the Disability Attorneys at Henson Fuerst for a Free Consultation
If you are dealing with a disability claim, the knowledgeable attorneys at Henson Fuerst are ready to assist you. We understand the difficulties you face and are dedicated to providing tailored legal support. Our team of committed disability lawyers offers a free initial consultation to discuss your situation and explore your options. Whether you are applying for Social Security disability benefits or require help with an appeal, we are here to guide you through each step. Reach out to us today to schedule your free consultation and take the first step toward obtaining the benefits you deserve. Let us leverage our experience on your behalf so you can focus on what truly matters—your security, stability, and well-being.
Contact us today for a free, no-obligation consultation by filling out an online form or calling our office at 866-677-0420.
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