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Personal Injury Detailed Overview

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Q. What type of disability is required before I qualify?

You may be eligible for Social Security (SS) if you have mental and/or physical problems severe enough to keep you from working for a period of twelve (12) months or…

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Q. What happens when I am denied?

Most claimants are denied several times before they receive a favorable decision on their claim. DO NOT GIVE UP. Your best opportunity to prove your disability occurs with a lawyer…

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Q. What is an Administrative Law Judge Hearing?

SS hearings are held by a judge called an Administrative Law Judge (ALJ). The Western North Carolina area has been blessed with very competent and reasonable ALJs. The hearings are…

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Q. When can I expect a hearing on my claim?

Due to the large number of appeals in Social Security cases, it is often many months before each level of an appeal is decided. You are generally given several months…

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Q. What is the difference between SS and SSI?

Both SS and SSI benefits have the same requirements for disability–the inability to work at a suitable job for a continuous period of twelve (12) months or more. SS benefits…

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Q. Why won’t SS pay for my disability without an ALJ Hearing?

A very small number of applicants are awarded benefits in North Carolina before the ALJ hearing. Social Security decisions and opinions prior to the ALJ hearing are generally made by…

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Q. Should I try to work if I have applied for Social Security?

Yes. While you cannot be eligible for Social Security benefits while you are working full time, the law does permit you to make “work attempts” for periods of time without…

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Q. What witnesses or evidence will I need at the hearing?

Since most of the issues for hearing involve medical questions, medical reports from your treating doctors are critical. Doctors are not asked to attend SS hearings. ALJs will not decide…

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Q. What if I am getting Workers’ Compensation benefits?

SS law requires that all other benefits you receive be accounted for. This accounting normally means that SS benefits are offset or reduced by the other benefits you receive. While…

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Q. What if my disability is caused by alcohol or drugs?

Congress has passed legislation that severely limits the receipt of SS benefits if your substance abuse problems contribute to your disability. While the current law is very unfavorable to these…

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Q. How much will a lawyer cost me?

The ALJ must approve any fee charged by a lawyer. Lawyers will take Social Security cases on a contingency or percentage (%) basis. The standard percentage is twenty-five percent (25%)…

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