Social Security Disability
Social Security Disability Lawyers — Applications, Appeals & Hearings
More than 70% of initial Social Security disability claims are denied. Most claimants give up. They shouldn’t — and with the right attorney, they don’t have to. Lennon, Camak & Bertics handles SSDI and SSI claims at every level, from initial application through Federal District Court appeal.
Decades of SSD Experience • No Fee Unless You Win • Fees Capped by Federal Regulation
- 50 Plus Years of Combined Experience
- No Fees Unless You Win
- 50 Plus Years of Combined Experience
- No Fees Unless You Win
Denied Doesn’t Mean Disqualified
If you’ve been denied Social Security disability, you are in the majority. The Social Security Administration denies more than 70% of initial applications. About 85% of claimants who request Reconsideration are denied again. The system is structurally biased toward denial at the early stages — and the people who eventually win benefits are, overwhelmingly, the people who keep appealing.
That’s where we come in. The cases that look denied at the first two levels often look very different at the Administrative Law Judge hearing — when there’s a real attorney, real medical evidence, and real testimony in front of a judge with the authority and the obligation to apply the regulations correctly. The hearing level is where most cases are won. It’s also where having an experienced disability attorney matters most.
SSDI vs. SSI — Which Disability Program Are You Eligible For?
The Social Security Administration runs two primary disability programs. They use the same medical disability standard, but the financial eligibility rules — and the benefits paid — are completely different.
Social Security Disability Insurance (SSDI)
SSDI is funded by FICA taxes paid by workers and employers. To qualify, you must be ‘insured’ under the program — generally meaning you’ve worked and paid Social Security taxes for at least 5 of the last 10 years (the rules are different for younger workers and for some special situations). Successful SSDI claimants receive a monthly benefit based on their work earnings history, and become eligible for Medicare 24 months after their disability benefit payment date begins. Dependents — spouses and minor children — may also receive auxiliary benefits on the SSDI claimant’s record.
Supplemental Security Income (SSI)
SSI is a needs-based program for disabled, blind, or elderly people with limited income and assets. There is no work history requirement — but there are strict income and resource limits. Successful SSI claimants receive a monthly federal benefit (with possible state supplement), and qualify for Medicaid in North Carolina. Many people qualify for both SSDI and SSI in ‘concurrent’ claims, especially those whose work history was modest before they became disabled.
Concurrent and Disabled Adult Child Claims
Some claimants qualify under both programs simultaneously. Others — adults who became disabled before age 22 — may qualify for benefits on a parent’s earnings record as a ‘disabled adult child’ even if they themselves never worked. We evaluate every claim under every potentially applicable program so that no benefit is left on the table.
What Counts as a Disability Under the Social Security Rules
To qualify medically for SSDI or SSI, you must show that you have a medically determinable physical or mental impairment that prevents you from engaging in ‘substantial gainful activity’ and that has lasted, or is expected to last, at least 12 continuous months — or to result in death. ‘Substantial gainful activity’ is a defined term: in 2026 it’s roughly $1,620 per month for non-blind claimants. If you’re earning above that level, you generally cannot be found disabled regardless of medical condition. (Always verify the current SGA threshold; the SSA updates it annually.)
The Social Security Administration applies a five-step sequential evaluation to determine disability:
- Are you working? If yes, you are not disabled. If no, move to step 2.
- Is your impairment ‘severe’ — does it significantly limit your ability to do basic work activities? If no, you are not disabled. If yes, move to step 3.
- Does your impairment meet or medically equal a ‘Listing’ in the SSA’s Listing of Impairments? If yes, you are disabled. If no, move to step 4.
- Can you perform any of your past relevant work? If yes, you are not disabled. If no, move to step 5.
- Considering your age, education, work experience, and residual functional capacity, are there other jobs in the national economy you can perform? If yes, you are not disabled. If no, you are disabled.
Medical Conditions That Commonly Support a Disability Claim
Almost any serious medical condition can support a disability claim if it sufficiently limits your ability to work. Some of the conditions our clients most commonly file under include:
Musculoskeletal Disorders
Spinal disorders, herniated discs, failed back surgery syndrome, severe arthritis, joint replacement complications, and other orthopedic conditions are among the most common bases for disability claims. The Listings have specific criteria for spinal disorders and major joint dysfunction.
Cardiovascular and Pulmonary Conditions
Heart failure, severe coronary artery disease, COPD, pulmonary hypertension, and other cardiopulmonary conditions can qualify under specific Listings or, more often, on a residual functional capacity basis.
Mental Health Conditions
Major depressive disorder, bipolar disorder, anxiety disorders including PTSD, schizophrenia and other psychotic disorders, and intellectual disability are some of the most common — and most contested — bases for disability. Mental health claims often depend heavily on long-term treatment records and on detailed evaluation of social functioning, concentration, and adaptation. We have decades of experience presenting these cases.
Neurological Conditions
Multiple sclerosis, epilepsy, Parkinson’s disease, severe migraines, traumatic brain injury, and other neurological conditions often qualify, but require specific medical documentation.
Cancer
Many cancers qualify under the Listings either on a metastatic, recurrent, or non-resectable basis. Compassionate Allowances expedite many serious cancer claims.
Autoimmune and Inflammatory Diseases
Lupus, rheumatoid arthritis, Crohn’s disease, and similar conditions are evaluated under specific Listings and require detailed clinical and laboratory documentation.
Diabetes and Endocrine Disorders
Diabetes itself is rarely a Listing-level disability, but its complications — diabetic neuropathy, retinopathy, nephropathy, and chronic foot ulcers — can qualify.
Combinations of Conditions
Most successful claimants — and most adult-onset disability — involve a combination of physical and mental impairments that, taken together, prevent any sustained work. The SSA must consider all of your impairments in combination, not in isolation. This is one of the most overlooked rules in the regulations.
Almost any serious medical condition can support a disability claim if it sufficiently limits your ability to work. Some of the conditions our clients most commonly file under include:
Musculoskeletal Disorders
Spinal disorders, herniated discs, failed back surgery syndrome, severe arthritis, joint replacement complications, and other orthopedic conditions are among the most common bases for disability claims, especially true for older workers. The Listings have specific criteria for spinal disorders and major joint dysfunction.
Cardiovascular and Pulmonary Conditions
Heart failure, severe coronary artery disease, COPD, pulmonary hypertension, and other cardiopulmonary conditions can qualify under specific Listings or, more often, on a residual functional capacity basis.
Mental Health Conditions
Major depressive disorder, bipolar disorder, anxiety disorders including PTSD, schizophrenia and other psychotic disorders, and intellectual disability are some of the most common — and most contested — bases for disability. Mental health claims often depend heavily on long-term treatment records and on detailed evaluation of social functioning, concentration, and adaptation. We have decades of experience presenting these cases.
Neurological Conditions
Multiple sclerosis, epilepsy, Parkinson’s disease, severe migraines, traumatic brain injury, and other neurological conditions often qualify, but require specific medical documentation and test results.
Cancer
Many cancers qualify under the Listings either on a metastatic, recurrent, or non-resectable basis. Compassionate Allowances expedite many serious cancer claims.
Autoimmune and Inflammatory Diseases
Lupus, rheumatoid arthritis, Crohn’s disease, and similar conditions are evaluated under specific Listings and require detailed clinical and laboratory documentation. We have extensive exprience trying auto-immune disorder cases.
Diabetes and Endocrine Disorders
Diabetes itself is rarely a Listing-level disability, but its complications — diabetic neuropathy, retinopathy, nephropathy, and chronic foot ulcers — can qualify.
Combinations of Conditions
Most successful claimants — and most adult-onset disability — involve a combination of physical and mental impairments that, taken together, prevent any sustained work. The SSA must consider all of your impairments in combination, not in isolation. This is one of the most overlooked rules in the regulations.
How to Apply for Social Security Disability in North Carolina
You can apply for SSDI and SSI online at SSA.gov, by phone at 1-800-772-1213, or in person at your local Social Security field office. You should apply as soon as you believe you are disabled and that your disability will last at least 12 months — there is no advantage to waiting, and back benefits are limited (SSDI back benefits are limited to 12 months prior to your application date).
Your initial application will require:
- Your work history for the past 5 years, including job titles, dates, and physical demands
- A list of all your medical conditions and the providers who have treated you
- Your medical records — though the SSA will also request records directly from your providers
- Your education history
- For SSI, detailed information about your income, assets, and household composition
After you apply, the case is sent to North Carolina Disability Determination Services (DDS), which makes the initial medical decision. DDS may schedule consultative examinations with their own doctors. The initial decision usually takes about five months.
The Five Levels of Disability Appeals
If your initial application is denied, you have 60 days from the date you receive the denial notice to appeal to the next level. Most claimants who win benefits do so somewhere in the appeals process, not at the initial level. Don’t give up after a denial.
First Appeal — Reconsideration
Reconsideration is a paper review by a different DDS adjudicator. About 85% of Reconsideration appeals are denied. Reconsideration usually takes another five months. While Reconsideration win rates are low, the level still serves a purpose — it preserves your right to a hearing in front of a real judge.
Second Appeal — Hearing Before an Administrative Law Judge (ALJ)
This is where most cases are won. After Reconsideration denial, you can request a hearing before an Administrative Law Judge. The wait for a hearing in North Carolina is typically 12 months from your last appeal, but most claimants who win benefits win at this level. The hearing is a quasi-trial — your attorney examines you under oath, presents medical evidence, cross-examines the SSA’s medical and vocational experts, and argues the regulations to the judge.
Third Appeal — Appeals Council
If you lose at the ALJ level, you can request review by the Appeals Council in Falls Church, Virginia. The Appeals Council can affirm, reverse, or remand the ALJ decision. Appeals Council decisions take 12 to 18 months and remand for further proceedings is the most common outcome when there’s been an error of law.
Fourth Appeal — Federal District Court
After Appeals Council review, you can file a civil action in U.S. District Court. The court reviews the administrative record for substantial evidence and legal error. Our firm regularly represents claimants in federal court.
Fifth Appeal — Fourth Circuit Court of Appeals & Beyond
If your federal district court action is unsuccessful (or if SSA appeals a favorable district court decision), the next step is the U.S. Court of Appeals for the Fourth Circuit, which sits in Richmond, Virginia. Beyond the Fourth Circuit, the only further appeal is to the U.S. Supreme Court.
The Medical and Vocational Evidence That Wins Disability Cases
Disability cases are won — or lost — on the strength of the evidence. The most important categories of evidence include:
Treating Physician Records
Long-term, consistent treatment records from physicians who know your condition are far more persuasive than one-time examinations. We help clients document care continuously and obtain detailed treating-physician opinions on functional limitations.
Medical Source Statements
Specific functional opinions from your treating physicians — how long you can sit, stand, walk, lift, and concentrate; how often you’ll miss work; whether you need unscheduled breaks — translate medical conditions into the regulatory framework SSA actually uses to decide cases.
Mental Health Records
For psychiatric and psychological conditions, treatment records, therapy notes, and detailed diagnostic evaluations are essential. The SSA evaluates four functional areas in mental impairments and requires evidence on each.
Lay Witness Evidence
Family members, friends, former employers, and former co-workers can provide testimony or written statements about how your condition affects your daily life and your ability to work. This kind of evidence is permitted, often persuasive, and routinely overlooked by claimants who try to handle their cases alone.
Vocational Evidence
At the hearing level, SSA calls a vocational expert who testifies about whether jobs exist that someone with your limitations could perform. Cross-examining that vocational expert effectively — knowing the Dictionary of Occupational Titles, the SCO, and the relevant job-incidence data — is a specialty skill. We do it regularly.
Special Issues in Social Security Disability Cases
Children’s Disability Benefits
Minor children of disabled parents may qualify for auxiliary SSDI benefits on the parent’s record until age 18 (or 19 if still in high school). Children with their own disabilities may qualify for SSI under a children’s disability standard. Adult children who became disabled before age 22 may qualify for SSDI on a parent’s record as ‘disabled adult children.’
Survivor Benefits
Surviving spouses and children of deceased workers may qualify for survivor benefits on the deceased’s earnings record. We assist with disability and survivor claims for surviving spouses with their own disabilities.
Continuing Disability Reviews
Once you’re approved for disability, the SSA periodically reviews your case to determine whether you remain disabled. These ‘CDRs’ can be triggered by improvement, by random schedule, or by allegations from outsiders. CDRs apply a ‘medical improvement’ standard that is much more favorable to claimants than the original disability standard — but you still need to handle the review correctly. We represent existing beneficiaries in CDRs.
Workers’ Compensation Offsets
If you’re receiving both workers’ compensation and SSDI, your SSDI may be reduced (‘offset’) to keep your total disability income below 80% of your pre-injury earnings. Coordinating WC settlements to minimize this offset is a planning issue we routinely handle for clients who have both kinds of cases — one of the practical advantages of having both practices in the same firm.
Public Benefits and SSI
SSI eligibility interacts with virtually every other public benefit — Medicaid, SNAP, housing assistance, and others. We help clients navigate these interactions so a disability award doesn’t unintentionally cost them other essential benefits.
What It Costs to Hire a Social Security Disability Lawyer
Federal regulations cap attorney’s fees in Social Security disability cases. Our fee is set by the Social Security Administration and is currently capped at the lesser of 25% of your past-due benefits or the federal cap (currently set at $9,200; the cap is updated by SSA periodically). The fee comes out of your back-due benefits — you never pay out of pocket. If we don’t win benefits for you, you pay no attorney’s fee at all.
Why Choose Our Firm for Your Disability Case
A Real Disability Focus
Disability is one of just two practice areas at our firm. That focus gives us depth — in the medical Listings, in the regulations and HALLEX, in vocational assessment, and in the strategies that win cases at every level.
Federal Court Experience
Many disability practitioners stop at the Appeals Council. We represent clients in federal district court and the Fourth Circuit Court of Appeals when those forums are needed.
Member of NOSSCR
Lennon, Camak & Bertics is a member of the National Organization of Social Security Claimants’ Representatives — the leading professional organization for attorneys representing disability claimants. NOSSCR membership signals professional engagement with SSD law and continuing education in this area.
Coordinated WC and SSD Representation
Many of our SSD clients also have workers’ compensation claims. Having both practices under one roof means proper offset coordination, consistent legal strategy, and one team you have to update on your medical situation.
Social Security Disability FAQs
When should I see a Social Security disability attorney?
How much will I receive in disability benefits?
Can my children receive benefits on my disability claim?
Are mental health conditions enough to qualify?
Does it matter what doctor I see?
Can I work while applying for disability?
How long does the whole disability process take?
What if my disability is expected to last less than 12 months?
What if I lose at the hearing?
Get the Disability Benefits You’ve Earned.
Whether you’re filing your first disability claim, fighting a Reconsideration denial, preparing for an ALJ hearing, or thinking about federal court — call Lennon, Camak & Bertics. The consultation is free. The fee is regulated and only paid if we win. And you’ll be working with a firm that has been doing this for decades.