Daisley Law Offices, P.C.

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How can an attorney help my disability appeal go faster?

Many people in Charlotte, North Carolina, that are not able to work because of an illness or injury probably have been warned, in some many words, that the process of applying for Social Security disability benefits can take a very long time. Many North Carolina residents get denied social security when they first file their applications, and it can take months or even years to get a case in front of an administrative law judge for further review.

Although there is no guaranteed way to make the process go faster, much less any inside route a disability attorney has to influence the system to work more quickly. To some extent, until the Administration can hire more staff, the process takes the time it takes, like it or not.

Still, a disability attorney can employ several techniques that have in the past worked to speed up the process of getting a hearing and a judge's decision on an application. One technique is to submit a "dire need' letter, which spells out to the Administration that without a quick decision, a North Carolina resident may lose his or her home or be unable to complete necessary medical treatments. These letters are not always granted, especially if there is not a lot of documentation to prove a person is indeed in "dire need."

An attorney may also write to his or her client's congressional representative on the client's behalf. When it comes to scheduling hearings, the Administration may consider the fact that a member of Congress has taken interest in the case and move the process along.

Finally, an attorney may request what is called a review "on the record," meaning there will not actually be a hearing but the administrative law judge will make a decision based on the documents submitted to that point. This can be a great way to move the process along if a person has a strong case, but it is a risky move. An on the record review can backfire if the documents do not convince the judge, as then, the applicant will not have an opportunity to tell the judge his or her story.

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  • North Carolina Advocates for Justice Protecting People’s rights
  • NOSSCR National Organization of Social Security Claimants’ Representatives
  • American Association for Justice formerly the Association of Trial Lawyers of America ATLA
  • ABA American Bar Association
  • NOVA
  • North Carolina State Bar
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