SOCIAL SECURITY DISABILITY LAWYER
CHARLOTTE · NORTH CAROLINA
Getting You The Benefits You Deserve
When your disability prevents you from working, you may be entitled to Social Security Disability benefits that can help ease the financial stress that comes with being injured and out of work.
You deserve fair compensation after suffering an injury. The Law Office of Nicholas G. Callas, P.A. has helped hundreds of clients recover damages and move on with their lives.
Initial Application
Most initial social security disability applications are not approved – many applicants also do not have attorneys at this initial stage, however.
You can kick off the process with a paper application at the Charlotte, NC Social Security Office (when they begin making appointments again – appointments are currently not available due to COVID-19 restrictions), by phone, or through the Social Security Administration’s website.
In most cases, it will take 4 – 6 months to find out whether or not your initial application was accepted.
Filing a Reconsideration
If your initial application is denied, you have 60 days to request a Reconsideration where a different claims examiner is assigned to review your application. You should find out whether your Reconsideration was granted or denied within 2-6 months.
Requesting a Disability Hearing
If your Reconsideration is denied, don’t give up hope! You still have options available.
The next step is to request an administrative hearing where an administrative law judge will hear your claim, review your medical evidence, and make another decision as to whether you should be given benefits.
After filing your “Request for Hearing by Administrative Law Judge,” your hearing will usually be scheduled within 6-9 months. After your hearing, it may take another 2-4 months before the administrative court notifies you of the decision.
If You’re Denied At Your Hearing
If your benefits are denied at your disability hearing, you still have options – you can:
- Request a review by the Appeals Council, and
- If the Appeals Council denies your claim, you can file a federal lawsuit asking the district court to grant your benefits.
How Can a Charlotte, NC Social Security Disability Attorney Help?
Our NC social security disability law firm has years of experience helping our clients get approved for disability benefits at all stages of the proceedings, from the initial application through the appeals process and federal disability lawsuits.
When you call the Law Office of Nicholas G. Callas, P.A., we immediately begin helping you put together a plan to maximize your chance of having your social security disability benefits approved, including:
- Evaluating your claim to ensure you qualify for benefits,
- Gathering your medical evidence and vocational evidence to effectively present your claim to the Social Security Administration, and
- Presenting your documentation in your initial application, Reconsideration, disability hearing, Appeals Council review, and federal disability lawsuit.
We will answer your questions at every step of the proceedings. We will also help you to understand what the Social Security Administration is looking for, how to present your medical and vocation evidence, and prepare you for questioning by the administrative law judge at your disability hearing.
Your Charlotte, NC social security disability attorney can step in and help you at any stage of the proceedings, but you should contact us as soon as you decide to apply for benefits – before filing your initial application – whenever possible.
How a Disability Lawyer Can Help You.
Calling your social security disability attorney as soon as you make the decision to apply for benefits can save you time and increase the odds of success at each step of the process.
How do you apply for social security disability?
There are three ways to begin the process:
- Apply in person at a local North Carolina Social Security office to complete a paper copy (Currently not available due to the COVID-19 virus),
- Apply over the phone, or
- Apply for SSDI benefits online at www.ssa.gov
Your Charlotte, NC social security disability attorney can help you to gather your medical records and present your medical evidence to maximize your chances of approval, from the filing of your initial application to the final appeals when necessary.
Types of Social Security
Disability Cases We
Routinely Handle
To qualify for a social security disability program, you must have a medical condition that prevents you from performing any substantial work activity.
Social Security Disability Application
To qualify for Social Security Disability (SSDI), you must meet a number of requirements.
Your disability must result in “the inability to do any substantial gainful activity” due to a physical or mental impairment that 1) will result in death or 2) is expected to last for more than 12 months.
The disability also must prevent you from 1) performing the type of work you have done in the past and 2) performing “any other substantial gainful work that exists in the national economy.”
The disability can be a medical condition, a debilitating physical or mental illness, or a long-term injury.
You also must have an established work history of jobs covered by Social Security.
SSDI benefits include:
- Benefits missed from the time you become disabled to the time you began receiving SSDI
- A monthly payment consisting of the amount of money you made before the onset of your disability
- Medicare coverage, which will begin two years after you begin receiving SSDI benefits
SSDI Denied Claims
Many SSDI claims are denied initially.
Whether we are retained before you file your SSDI application or after your application has been denied, your social security disability lawyer will work with your doctor and healthcare team to gather the evidence that you will need to qualify for benefits.
There are several stages of appealing an SSDI denied claim:
Reconsideration: First, the appeal will be considered by the SSA again, and you can submit new evidence.
Disability hearing: If your reconsideration is denied, then the case can go to an administrative law judge.
Appeals Council: If you are unsuccessful at your disability hearing, we then present your case to the Social Security Appeals Council.
Disability lawsuit: If the Appeals Council denies your appeal, the final option is to file a disability lawsuit in the federal district court.
Our team strives to get your case resolved as quickly as possible, because we know the financial strain that a disability can cause when you are not receiving social security benefits.
We will work with you throughout your case, answering your questions and gathering the evidence and witnesses needed to establish your claim for benefits.
Supplemental Security Income
If you have a permanent or long-term disability, are low-income, or don’t have a sufficient work history to receive SSDI, you may still be eligible for SSI.
You must have under $2,000 in assets (or, if you are married, under $3,000) to qualify for this program.
Your supplemental security income attorney can work with you to determine if you are eligible for SSI and help you to gather the evidence you will need to get your SSI benefits approved.
Asked Are…
Here’s a list of the most common questions we receive from people seeking social security disability in Charlotte, NC.
How long does it take to go through the social security disability process?
The application process for social security disability can be lengthy, and it depends on whether you must file appeals or a federal disability lawsuit before your claim is granted. Each stage of the process could take a matter of months, and the entire process could take years if you are forced to go through the appeals process:
- You could get a decision on your initial application within 4-6 months,
- If your initial application is denied, you have up to 60 days to request a Reconsideration,
- Once the Reconsideration is requested, it could take another 2-6 months before you get a decision,
- If the Reconsideration is denied, you can then request a disability hearing before an administrative law judge, which could take 3-6 months before the hearing date and then another 2-4 months before you are notified of the administrative law court’s decision,
- If the administrative law court denies your claim, you can appeal to the Appeals Council, which could take 6 months to two years to give you an answer, and
- If a federal lawsuit is necessary, the process could take another 12-18 months from the filing date to get a final ruling from a federal judge.
How are the amounts of my benefits determined?
If you have not paid enough social security taxes to qualify for SSDI, you may still be eligible for Supplemental Security Income (SSI). If you qualify for SSI, the 2021 benefit amount is $794.00 per month, but this is subject to change from year to year.
You can determine the exact amount of your benefits by calling the Charlotte, NC SSA office or by creating an account at SSA.gov.
Are social security disability payments taxable?
Social security disability benefits may be taxable. If you receive additional income that exceeds the IRS’s income threshold, a percentage of your benefits can become taxable. The amount of your benefits that will become taxable depends on your filing status (single, married filing separately, or married filing jointly).
What medical conditions qualify for social security disability?
Any medical condition that results in an inability to work and that will last longer than 12 months or that will result in death should qualify for social security disability. The Social Security Administration (SSA) provides a list of impairments that qualify, but you may qualify even if your condition is not on the list if your condition prevents you from working and earning an income.
How can a lawyer help me with a disability case?
Your social security disability lawyer can help you to get approved for disability payments by:
- Helping you to complete your initial application with supporting documentation,
- Answering your questions about the disability approval process,
- Helping you to plan the medical evidence you will need to document your disability and the effect it has on your ability to work, and
- Assisting you with the appeals process, including your Reconsideration, disability hearing, Appeals Council review, and filing a disability lawsuit in the federal district court when necessary.
REVIEWS FROM CLIENTS
The Rules of Professional Conduct require disclosure that this is a “Testimonial” about the attorney.
Please be aware that any result achieved on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.
Nick Callas spent over a half hour explaining things to me that my last attorney failed to tell me. I have some appointments to make but as soon as I’m done Nick will be my first call! He was informative, knowledgeable, and understanding. Plus he was easy to talk to.
Trish Marsello – Client
I needed a second opinion on my disability approval. I’d been approved, but not for retroactive payments. I called the Callas Law Firm and spoke directly with Mr. Callas, which was refreshing. He advised me beyond my expectations in a friendly, kind and respectful manner. I highly recommend counsel like him and his firm. Thank you, Mr. Callas.
Eve Morales – Client
Mr. Callas was a tremendous asset in my workers compensation case. He was always on top of everything involved in my case. He doesn’t let the otherside sit on their hands and beat around the bush. He gets the job done.
Steven Howard – Client
READY TO SPEAK WITH A SOCIAL SECURITY DISABILITY ATTORNEY?
It won’t cost you anything to speak with an attorney about your case.
1901 Gadsden Street, Suite B
Columbia, SC 29201
Monday – Friday
8:30 AM – 5:00 PM
***Available after hours and by appointments***
Serving all of Lexington and Richland County.
Law Office of Nicholas G. Callas PA represents clients throughout South Carolina including Columbia, Lexington, West Columbia, Cayce, Sumter and parts of North Carolina including Charlotte.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
