Best Workers' Compensation Lawyers in Asheville, NC

A Disability Determination Services employee, working with a doctor, will make the initial decision on the claim. If the claim is denied and the individual requests reconsideration, the case is then sent to another disability examiner, where it goes through much the same process. If a claim is denied at reconsideration, the claimant may then request a hearing with an Administrative Law Judge who makes an independent decision upon the claim. This is the only time that the claimant and the decision maker get to meet.

Disability Insurance Benefits cannot begin until five months have passed after the person becomes disabled. In addition, benefits cannot be paid more than one year prior to the date of the claim. SSI benefits cannot be paid prior to the date of the claim (application).

One reason is that there is no simple way to determine whether an individual is disabled. Most people who are disabled suffer from pain. There is no way of determining whether or not another individual is in pain, much less how much pain they are in. A second reason is that Social Security has been more concerned with making sure that everyone who is receiving Social Security disability benefits is "truly" disabled than with making sure that everyone who is disabled receives the Social Security disability benefits.

Social Security is supposed to consider the combination of impairments that an individual suffers in determining disability. Many, perhaps most claimants for Social Security disability benefits have more than one health problem and the combined effects of all of the health problems must be considered.

Possibly. Work issues are complicated and we will tell you the ins and outs of working and its relationship to disability. Do not waste time trying to figure out work issues on the internet. Also, it's not as simple as "work under the SGA limit is ok". It's not ok.