Appealing a Claim in North Carolina

What to Do After Receiving a Social Security Disability Claim Denial

At Golson, McCracken Inc., we do everything that we can to help our North Carolina Social Security Disability (SSD) clients to get the benefits they need with a minimum of delay. In most cases, however, it is simply not possible to ensure that the claim will be approved on the initial submission. The Social Security Administration (SSA) receives nearly 3 million new claims on a yearly basis, an overwhelming influx of applications to sort through and approve or deny.

Approximately 66 percent of all new claims are denied every year, and many of these claims are turned down despite the fact that the claimant has a qualifying disability. Errors and omissions on the application, insufficient medical documentation, or disputes over the validity of the claim are all common reasons that a claim may be turned down. Whatever the cause, it is possible to appeal the decision to deny a claim, and we can help you.

Reconsideration of Denied SSD Claims

The first step in the Social Security appeals process is known as reconsideration. We contact the SSA with a request to have another person review your claim. The individual who performs reconsideration will be someone who was not involved in the original decision to deny your application. Only 14 percent of claims are approved at reconsideration, according to statistics provided by the SSA, and it is therefore normally necessary to proceed to the next stage of the process of appeals.

Disability Hearings for Social Security Claims

In the event that your claim has not been approved upon reconsideration, we will request a disability hearing. This hearing is similar to a trial, though it is much less formal. You will have the opportunity to present evidence and bring witnesses, as well as to tell your story in your own words and explain what has happened to you and why it is that you need to receive SSD benefits. We will be present to serve as your representation at the hearing and will take the time to prepare you for what to expect.

Social Security Administrative Law Judges

Unlike a trial, there is no prosecutor or jury. Instead, the presiding official is an administrative law judge (ALJ) who performs the functions of prosecutor and jury. The ALJ is the person who may question you concerning your case and will make the decision to approve or deny your claim based on what is presented before and at the hearing. Each judge has his or her own rate of approval, with some being more likely to grant benefits and others tending to turn down claims. The ALJ will probably not issue a ruling at the time of the hearing. Instead, you will receive notification through the mail following the hearing date.

How long does it take to appeal an SSD claim?

Appealing a denied SSD claim can take a considerable amount of time. For example, the wait time for a hearing was as high as 514 days in 2008, though that figure dropped to 353 days in 2012. During this time, you will be waiting to receive the disability benefits that you need and deserve. Fortunately, we pursue payment of retroactive benefits for our clients. Once your claim is approved, you can also receive the money that you ought to have been paid from the time when your claim originally should have been approved.

At every stage of the appeals process, we will be standing by your side and working to resolve the situation as quickly as possible. To learn more about the process and get started on your case, contact us now by filling out our client intake form.