How do I appeal a denied Social Security disability claim in North Carolina?
1. Federal Program. SSDI (Title II), SSI (Title XVI); 5-step evaluation (20 C.F.R. § 404.1520; § 416.920).
2. Initial Determination. North Carolina DDS within NCDHHS processes claims. About 65% denied initially.
3. Level 1: Reconsideration. SSA-561 within 60 days.
4. Level 2: ALJ Hearing. HA-501 within 60 days. OHO offices in Raleigh, Charlotte, Greensboro, and Fayetteville. Wait 11-14 months.
5. Level 3: Appeals Council. HA-520 within 60 days.
6. Level 4: Federal District Court. 42 U.S.C. § 405(g); Eastern, Middle, or Western District of NC within 60 days.
7. North Carolina Supplemental. None. State employees access NC Disability Income Plan, but no private-sector TDI mandate.
8. Continuing Disability Reviews. Every 3-7 years.
9. Attorney Fees. 25%/$9,200 cap (42 U.S.C. § 406(a)).
10. Concurrent State Aid. North Carolina is a "1634 state" — SSI auto-Medicaid through DHB.
This is legal information, not legal advice.
- Your reconsideration was denied
- You need representation at your ALJ hearing
- Your benefits were ceased after a CDR
- 42 U.S.C. § 405(g)
- 20 C.F.R. § 404.1520
- 20 C.F.R. § 416.920
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.