My Social Security Disability case mistakes, Should have consulted an attorney, Over 70 percent of applications denied in NC, Had 136 credits & contributed since 1966


From the Deuterman Law Group.

“When it comes to your chances of getting approved for Social Security Disability Benefits initially, or upon the first appeal (called “reconsideration”), the state you live in makes a difference.

Charles Hall’s excellent Social Security blog posted some interesting statistics about initial and reconsideration denial rates last August, which he got from NOSSCR, the National Organization of Social Secuirty Claimants’ Representatives.

The stats show in Fiscal Year 2013,  72.2 percent of disability claims in North Carolina were denied initially. This is higher than the national average of 67 percent of claims denied initially.

At the reconsideration level, in North Carolina 90.4o percent of claims are denied.  This is again higher than the national average of 88.6 percent denied at reconsideration.

Due to these high denial rates many claimants in North Carolina have to appeal their reconsideration denial by requesting a hearing before an administrative law judge.

Unfortunately, due to Social Security disability backlogs the wait time (which varies by hearing office) to get a hearing is quite long. The good news? The denial rate at the hearing level is much lower than it is at initial or reconsideration, both in North Carolina and nationally.

The vast majority of Social Security disability cases that I win are at the hearing level.”

How Much Will a Social Security Disability Lawyer or Advocate Charge in Attorney Fees?

“Social Security Disability attorneys and advocates work “on contingency,” meaning they get paid only if you win your case.”

“Unlike many attorneys, disability lawyers do not charge up-front fees or require a retainer to work on a Social Security disability case. Most disability attorneys and advocates will be paid a fee only if they win the case (this is called a contingency fee.) Here’s how it works.

Contingency Fee Agreement

When you first hire a disability attorney or advocate, whether you are filing for SSDI or SSI, you must sign a fee agreement that allows the SSA to pay your attorney if your claim is approved. The SSA will review the agreement to make sure it meets the fee agreement guidelines. This is to ensure that your attorney receives only what he or she is entitled to.

Fee agreements must be on a contingency basis (meaning the attorney will only be paid if you win your disability claim).

How Much Is the Attorney’s Fee?

For Social Security disability lawyers, the fee is limited to 25% of the past-due benefits you are awarded, up to a maximum of $6,000.”

20/20 Hindsight.

I had a private disability policy when I became disabled in early 2009. I was required to file a claim with Social Security disability. I did so online.

I should, however, have consulted with an attorney first!

I filed a claim online and the claim was denied. Their reason:

“You do not qualify for disability benefits because you have not worked long
enough under Social Security.”

I had been paying in since 1966!

And I had 136 credits!

It did not matter. Just as in the case of private disability companies, Delay and Deny.

Over 70 percent of claims in NC are denied.

You must consult with an attorney!



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