Charleston Social Security Disability Benefits
SSI Disability & Income in Charleston
Has your application for Social Security disability been denied?
Do not lose hope. We can help. If you have been denied disability benefits, we will appeal the decision until all levels of appeal are exhausted.
When you find yourself unable to work because of a long term disability (LTD), the loss of income and medical coverage can be devastating. However, you and your dependents may be eligible for Social Security disability benefits or other disability benefit programs. The Social Security disability process can seem overwhelming. At no cost to you, you can call us and we will walk you through the steps of your claim. We understand South Carolina disability laws and the complex procedures required to obtain Social Security income.
Steps in the Social Security disability claims process
- Initial Claim
If you become completely disabled and you think that you will remain disabled for at least 12 months, you should immediately file an application for disability benefits with Social Security. You can file an initial claim by going to your local Social Security Office, by calling the Social Security Administration by telephone, or by submitting an application online at the Social Security Administration website. We can help you file the initial application or you can file your own claim and contact us to handle an appeal if your initial claim is denied . . . more about your initial claim >>
After you file an initial claim, the disability determination division of the South Carolina Vocational Rehabilitation Department will process your file. A state disability examiner will request copies of your medical records. The disability examiner may call you on the telephone to ask you questions and may send you additional forms to complete. The disability examiner also has the authority to arrange for you to be examined by an independent medical examiner at no expense to you. The disability examiner will then have your file reviewed by their internal medical consultants, who will rate your limitations in carrying out work-related functions based solely on their review of your medical records. A determination and notice will then be sent to you by mail. In South Carolina, only 24% of all initial claims are approved. The initial claim determination may take approximately six months or more.
- If your initial claim is denied | Request for reconsideration
If your claim is denied, you have the right to appeal. You have 60 days to file a request for reconsideration with the local Social Security office . . . more about reconsideration >>
A request for reconsideration can be filed in person, by telephone, or on the Social Security Administration Web site. Your case will then be sent back to the state disability determination division but will be assigned to a different disability examiner. In South Carolina, less than 9% of all requests for reconsideration are approved. The processing time for requests for reconsideration is generally shorter than for initial claims—about two to four months, on average. If you miss your deadline, you should immediately contact Social Security to request a late filing of your appeal, or to file a new application.
- Request for Administrative Law Judge (ALJ) Hearing
The third step in the process is a request for ALJ hearing. This is the level where most of the claims that we handle are approved. There is a 60-day deadline to file the request for ALJ hearing from the date of the reconsideration denial notice . . . more about request for ALJ hearing >>
At this level, the case is processed by Social Security’s Office of Disability Adjudication and Review (ODAR), which operates almost 150 regional hearing offices throughout the country. After the file has been logged into the ODAR docket, an electronic copy of the file is sent to you or your representative. Eventually the file is assigned on a random basis to an Administrative Law Judge (ALJ), and a hearing date is scheduled weeks or months in advance.
A confidential, non-adversarial hearing is held before the ALJ, which may last as long as an hour. The ALJ reviews your file before the hearing and, at the hearing, you are asked questions about the nature of your medical problems, your ability to perform work-related activities, and the limitations you experience in your daily activities. The ALJ often calls a vocational expert witness to testify about how certain medical limitations affect your ability to perform the work you did in the past or other jobs in the national economy. Normally, the ALJ does not announce a decision on your claim at the hearing. Rather, a detailed written decision is mailed to you and to your representative within weeks or months after the hearing.
Currently, approximately 60% of all cases that go to a hearing before an administrative law judge are approved. The processing time in the Charleston ODAR from your request for hearing to the ALJ’s decision is approximately 18 months.
- Appeals Council Review
If your case is denied by the Administrative Law Judge, you have 60 days to file a request for review by the Social Security Appeals Council in Washington, D.C. . . . more about appeals council review >>
At the Appeals Council Review, you may submit new evidence under certain circumstances and a written legal argument. The Appeals Council then issues a decision based on a review of your file. There is no court appearance at this level. The Appeals Council may deny your request for review or may reverse the unfavorable ALJ decision and send the case back to the ALJ for a new hearing and decision. The Appeals Council rarely awards benefits. The processing time can take between six and 18 months.
- Federal Court Appeal
If the Appeals Council denies your request for review, you may file a lawsuit in federal court against the Commissioner of Social Security. You must have an attorney licensed to practice before the federal court . . . more about a federal court appeal >>
In a federal court appeal, your attorney and the government attorneys file detailed legal briefs and other documents. In some cases, your attorney appears before a federal judge to argue the case. In most situations, the federal judge issues a decision based solely on the legal briefs filed by the attorneys. The processing time for a federal court appeal in the South Carolina district of the federal court system is anywhere from nine to 18 months. The federal court can deny the appeal or reverse the unfavorable ALJ decision and remand the case for a new hearing before the ALJ. In some cases, the federal court can award benefits.
- Social Security Disability Termination Cases
Unfortunately, there are times when Social Security Disability is initially awarded and subsequently terminated. You should know that you have the right to appeal termination decisions. However, unless we have previously represented you in a disability appeal, the Law Offices of Robertson Wendt is not in a position to represent termination cases for Social Security disability.
Contacting Social Security disability lawyers in your area will help you determine if you have a case, and if your denied case can be appealed. Attorney Robertson Wendt has the experience and expertise to advise you on your Myrtle Beach, Beaufort or Charleston area disability claims.
