Your Winston-Salem Disability Lawyers
It may be frustrating to learn that your Social Security Disability benefits claim has been denied after many years of faithfully paying your fair share into our Social Security system. In fact, many hard-working people that can no longer earn a living seek help by applying for Social Security benefits, and yet sadly, only 35% of those applications are initially approved.
While there can be many reasons why a claim is denied (e.g. documentation errors, ineligibility, leaving out the necessary information), it’s important to note that even after the reconsideration of your claim, statistics have shown that only a portion of reviewed applications are successful.
Whatever reason has caused your benefits to be denied, by enlisting the services reputable disability lawyers, you can greatly increase the chances of having your benefits restored. Here at Lewis & Keller, our Social Security Disability lawyers can help to guide you through every step of the application process.
If your benefits have been denied or if you have become disabled and need help refiling, we can help determine why and put together a strong case for your next hearing.
PROTECTING YOUR RIGHT TO SSDI BENEFITS
If you are legally entitled to receive SSDI benefits for your disability, we will be there to make sure you get what you are owed. If your claim is denied, it’s not the end! Contact us to learn more about appeals.
FREE CASE REVIEWS
Our free case reviews allow our disability lawyers to evaluate your case and offer information about your legal options at no cost. There is no risk and no commitment associated with this review.
COMMITTeD TO SERVING YOU
By staying up-to-date on all the recent changes in the Social Security Disability laws, rules, and regulations, we are able to offer comprehensive legal advice for those that have been denied benefits. For those that have been disabled and need help filing their application, we’re here for you too!
If you find it difficult to file a claim yourself because you are unable to work and facing mounting financial stress, we can help. With the combined experience and dedication of our North Carolina Social Security Disability Lawyers division, we are here to help you receive the benefits you deserve.
The North Carolina SSDI attorneys at Lewis & Keller are committed to fighting hard for you so that you get the SSDI benefits you need. SSDI claim denials are frustrating, but they do not mean that you are out of luck when it comes to getting your much-needed benefits.
With more than 50 years of experience practicing SSDI law, our founding partner Mike Lewis has the experience and critical knowledge you need to help you get your benefits. Call Lewis & Keller today to schedule your free case evaluation.
See What Our Clients Say
ARE YOU ELIGIBLE FOR BENEFITS?
If your SSDI claim was denied, you have rights, including the ability to appeal the decision. There are four levels of appeal, including:
- Reconsideration, where you can submit additional new information supporting your claim, and the Social Security Administration (SSA) will use everything to look at a claim again in its entirety.
- A Hearing in front of an administrative judge.
- Review by the Appeals Council, where a claim may be approved or denied or sent back to the administrative judge.
- Federal court review, where you would take your claim to the federal district court and file a civil suit.
There could be many reasons the SSA decides to deny your claim. Knowing the reason can be helpful for an appeal. Some guidelines exist for appealing, including that you only have 60 days after receiving your denial to file an appeal. When you receive your denial, it is important to know that the SSA will also include a statement about your right to file an appeal.
Why SSDI Claims are Denied
A claim may be denied for technical or medical reasons. The good news is that the SSA is required to inform applicants of the reason for their denial. This information is helpful for determining a strategy and identifying further evidence for a future appeal.
- Technical denials typically refer to the SSA determining that the applicant does not meet the eligibility requirements for benefits. An example would be an applicant who makes too much money. This can be a disqualifying factor.
- Medical denials mean that the SSA does not believe that your disability/injuries are extensive enough to keep you from being able to obtain gainful employment.
Examples of Injuries and Conditions That Qualify for SSDI
The SSA’s Blue Book lists those conditions that qualify for SSDI. Though, even if your condition or detriment is not listed in the Blue Book, that does not mean you will be unable to obtain SSDI benefits. You will just have to do a little bit more work to get the benefits you need. An attorney can help you with this.
The following conditions are a sampling of what can be found in the SSA Blue Book:
- Immune disorders like HIV, inflammatory arthritis, or scleroderma
- Cardiovascular disorders like chronic heart failure, heart transplant, and congenital heart disease
- Musculoskeletal disorders such as spine disorders, amputations, and severe osteoarthritis
- Digestive system disorders like hepatitis, Crohn’s disease, and inflammatory bowel disease
- Respiratory system disorders like COPD, asthma, and cystic fibrosis
- Thyroid disease
- Sickle cell disease
- Breast cancer
- Cerebral palsy
- Mental health disorders like schizophrenia, bipolar disorder, and PTSD
How Long Do You Have to File an Appeal?
Applicants that are denied claims have 60 days after receiving their denial letter to respond by filing an appeal. Due to the complexity that comes with responding to a denial and working through the appeals process, having the help of an SSDI denial lawyer at Lewis & Keller can be advantageous for applicants. Our legal team is a champion for every client!
NEED HELP RECOVERING DISABILITY BENEFITS IN NORTH CAROLINA?
Lewis & Keller can assist you in obtaining the SSDI benefits you need. Whether you are just getting started or looking to appeal a denied claim, our office is prepared to defend your rights.
Our Results Speak For themselves
Settlement For Motorcycle Accident
Settlement For Female Plaintiff
Workers’ Compensation Settlement
WHY SHOULD I HIRE AN SSDI ATTORNEY?
Figuring out how to respond to a denial from the SSA can be difficult without professional assistance. An attorney will know how to evaluate your claim and determine what is lacking so that you can adequately respond to a denial and provide the SSA with what they are looking for to approve your benefits.
The SSDI attorneys at Lewis & Keller know how to manage SSDI claim denials and are dedicated to helping applicants get the benefits they need and deserve. Plus, Lewis & Keller offers free initial consultations to go over your case. Last, we work on a contingency fee basis, meaning that you do not pay us a penny if we do not win your case for you.
NORTH CAROLINA DISABILITY FAQS
What Are the Criteria for Disability Benefits?
To be eligible for disability benefits, you must meet the SSA’s definition of disability. This requires, among other factors, that you have a physical or mental condition that prevents you from engaging in substantial gainful activity and is expected to last at least 12 months or result in death.
For more specific criteria and to find out if you are eligible for benefits, reach out to Lewis & Keller at any time.
Can I Work While Receiving Disability Benefits?
You can work while receiving disability benefits, but there are limits to how much you can earn without affecting your benefits. As SSDI attorneys, we can help you understand these limits and ensure that you are in compliance with all SSA regulations during your initial consultation.
How Long Can I Receive Disability Payments?
You can receive disability benefits for as long as you remain disabled and unable to work. We are always happy to advise you on how to protect your benefits and ensure that you do not lose them due to changes in your medical condition or work status.
Can I Apply for SSDI If I Am Already Receiving Workers’ Comp?
Yes, you can apply for disability benefits even if you are already receiving workers’ compensation. However, the amount of disability benefits you receive may be reduced depending on the amount of workers’ compensation you are receiving.
With our team of disability lawyers on your side, you can be sure you are getting the most out of your benefits.
How Much Can I Receive from SSDI?
Each SSDI recipient will receive a different amount of benefits that are based on what they were able to earn in the past when they were employed. An applicant’s past employment has to have been in a job that Social Security recognizes.