Your North Carolina Social Security disability benefits claim may have been denied in error

Your North Carolina disability lawyers can advise you on the options. Here is some info that can help direct you toward your next course of action.

In our work as North Carolina disability lawyers, we often hear, “I’ve tried to work, but I can’t. Why would Social Security have denied my claim?” The simple answer to this question is that your claim was denied because the Social Security Administration determined you are not “disabled,” as that term is defined in the Social Security regulations. Often, however, it is not that simple; often, this determination is made in error. Like any large bureaucracy, the Social Security Administration makes mistakes. Common mistakes made by North Carolina Social Security disability decision-makers in denying a claim for benefits include:

1. Failing to considerallyour impairments;
2. Failing to gather medical evidence that would prove your impairment “meets or medically equals” a Listing impairment;
3. Failing to consider all your symptoms;
4. Underestimating the intensity and severity of your pain and other symptoms;
5. Overestimating your level of education (by, e.g., relying on transcripts showing years of formal education when, in reality, your actual current education level is lower);
6. Underestimating the exertion required in your past work (e.g., concluding your past work was “light” work when, in fact, it was “medium” work); and
7. Improperly evaluating your residual functional capacity – that is, overstating your current ability to perform work-related functions (e.g., to walk, stand, sit, lift/carry, manipulate small objects; follow directions) despite the limitations resulting from your impairment.

If your claim for Social Security disability benefits was denied, but you still cannot work, an experienced North Carolina disability lawyer can determine if the denial was in error and help you with your appeal. If you would like us to review your denial letter, please contact us.