The Legalities of Disability Claims

by | Jan 21, 2014 | Lawyer

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SSDI, short for Social Security Disability Insurance, is a payroll tax-funded disability benefit provided by the Social Security Administration. This program was designed to offer income to those with health conditions that prevent them from holding down a normal job on a regular and continuing basis. To be found disabled by Social Security, the disabilities have to be proven severe and prevent the claimant from working on a regular and continuing basis for 12 months or longer. While filing for SSDI can be done on an individual basis, it is advisable to find legal counsel for SSDI applications in NC.

SSDI Is a Permanent, Long Term Disability program

SSDI benefits are only available to workers who are unable to work for 12 months or longer. There is no short term disability through Social Security.  When filing an SSDI claim in North Carolina, an attorney should be obtained to help you navigate the process. The proper forms need to be filled out, documentation requested and submitted, appeals filed, and sometimes hearings attended. Not all disability forms are alike and mistakes can easily be made. An experienced attorney will be able to help you start an SSDI claim and pursue the benefits you deserve in an efficient and effective manner.

Establish Physician Documentation

The Social Security Administration gives a lot of importance to treating physicians’ opinions regarding a claimant’s eligibility for disability benefits. A physician’s opinion can determine whether SSDI claims are approved or denied. A good disability attorney is going to help you obtain any and all documentation from doctors and hospitals that have treated you for the illness or injury that has made you unable to work. A good SSD law firm will also help you get your treating physician to complete a medical source statement, which can make a big difference in your claim. All of this information is used to prove to the Social Security Administration, that your SSDI claim should be approved.

The Payment of SSDI Benefits

When a claimant is approved for SSDI benefits, payments are based on your past earnings. Monthly benefit amounts can vary greatly, depending on a claimant’s past work history, their salary, and the amount of taxes that were paid. If a SSDI claim is approved, it can take a couple of months for the claimant to receive benefits, as back benefits are processed by separate “payment center” offices.

Apply for SSDI in NC with the professional services of an attorney from The Clauson Law Firm, PLLC. View their website for further information.