Social Security Disability — Raleigh, North Carolina

You deserve benefits.
We help you get them.

Benefit Path Disability Law helps people in North Carolina apply for SSDI and SSI, appeal denials, and prepare for hearings. If you have been denied, that is not the end — it is where we begin.

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No fee unless we win
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30+ years combined experience

You were denied. That is normal.

Most people are denied the first time.

The Social Security Administration denies about two thirds of initial applications. That number is not a reflection of whether you deserve benefits. It is a reflection of how the system works.

Many people give up after a first denial. That is understandable. It is also the single biggest mistake. The appeals process — reconsideration, then an ALJ hearing — is where the large majority of approvals happen.

A denial letter is not a final answer. It is an invitation to appeal. We have seen people approved after two or three rounds of appeals. If you are in that position right now, please keep reading.

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Interactive Guide

Where are you in the process?

Pick your situation. We will explain what happens next, what we do at this stage, and what your options are.

A denial is the beginning, not the end.

If you received a denial letter, we want to be very direct with you: this happens to the majority of people who apply, including people who genuinely cannot work. The initial review is often a paper review with limited time spent on your specific case. It is not a thorough evaluation of whether you deserve benefits.

The next step is called reconsideration. You have 60 days from the date on your denial letter — plus 5 days for mailing — to file your appeal. Check the date on your letter and count carefully. Missing that window means starting over from scratch.

Reconsideration is worth filing, but statistically, the ALJ hearing is where the most approvals happen. Claimants who have an attorney at their hearing are approved at significantly higher rates than those who appear alone. This is the stage where representation matters most.

Your appeal window 60 days from the date on your letter, plus 5 days for mailing. Check your letter for the exact date — do not rely on a general count.

What we do File your reconsideration, gather stronger medical evidence, and prepare you for the hearing stage

Timeline to hearing After a denial on reconsideration, an ALJ hearing is typically scheduled 12 to 24 months later in North Carolina

Talk to us today — free

Plain-English Explanation

SSDI and SSI — what is the difference?

These are two separate federal programs with different rules. Many people qualify for one, some qualify for both. Here is what you need to know.

SSDI

Social Security Disability Insurance

For people who have worked and paid into Social Security

Who qualifies: People who have worked enough years in jobs that paid Social Security taxes, and who can no longer do substantial work because of a disability.
Work credits: You generally need 40 work credits, 20 of which must have been earned in the last 10 years. Younger workers need fewer credits.
Benefit amount: Based on your lifetime earnings history — not a flat amount. The higher your past wages, the higher your monthly benefit.
Medicare: After 24 months of receiving SSDI, you become eligible for Medicare — regardless of your age.
Back pay: If approved, you may receive up to 12 months of back pay before your application date, plus all benefits owed since your application.

SSI

Supplemental Security Income

For people with limited income and resources, regardless of work history

Who qualifies: People who are disabled, blind, or aged 65 or older, and who have limited income and limited resources (assets). Work history does not matter.
Resource limits: For most people, you cannot have more than $2,000 in countable resources ($3,000 for couples). Your home and one car generally do not count.
Benefit amount: A federal flat rate (adjusted annually), reduced by any other income you receive. North Carolina adds a small state supplement for some recipients.
Medicaid: SSI recipients in North Carolina are typically automatically enrolled in Medicaid.
Back pay: SSI back pay is counted as a resource in the month it is received. There are ways to manage this — we can explain your options.

Both programs use the same definition of disability: you must be unable to do any substantial gainful work because of a physical or mental impairment that has lasted, or is expected to last, at least 12 months or result in death. The disability definition is identical — only the financial eligibility rules differ.

Also: long-term disability through your employer (ERISA)

If you had long-term disability insurance through a job — whether through a group plan, an employer policy, or a union — you may have a separate claim under federal ERISA law. ERISA claims are different from Social Security claims in one critical way: the administrative appeal record is usually the last chance to add evidence. Once your ERISA appeal is decided, no new evidence can typically be introduced in federal court.

This means getting the ERISA appeal right the first time is essential. We handle ERISA long-term disability claims and know how to build the record that will hold up if the case goes to federal court.

Talk to us about your LTD claim

Common Qualifying Conditions

These conditions can qualify for disability benefits.

This is not an exhaustive list. Many other conditions qualify. What matters is not your diagnosis alone — it is how your condition limits your ability to work. We evaluate the full picture.

Doctor reviewing medical information with a patient

Musculoskeletal and back conditions

Degenerative disc disease, herniated discs, spinal stenosis, scoliosis, arthritis, fibromyalgia, and chronic pain conditions that limit standing, walking, lifting, or sitting. Back conditions are among the most common qualifying conditions — and among the most frequently denied at the initial level.

Autoimmune conditions

Lupus, rheumatoid arthritis, Crohn's disease, ulcerative colitis, multiple sclerosis, and other conditions where the immune system attacks the body's own tissues. These conditions often cause fatigue, unpredictable flares, and side effects from treatment that are as disabling as the condition itself.

Cardiac and respiratory conditions

Congestive heart failure, coronary artery disease, chronic obstructive pulmonary disease (COPD), asthma, and pulmonary hypertension. Conditions that limit your ability to exert yourself, climb stairs, or maintain sustained activity through a workday.

Cancer

Many cancers meet the disability standard directly. Even when a cancer is treatable, the side effects of chemotherapy, radiation, and surgery — fatigue, nausea, cognitive changes, and physical limitations — can themselves prevent work during and after treatment.

Neurological conditions

Epilepsy and seizure disorders, multiple sclerosis, Parkinson's disease, traumatic brain injury, peripheral neuropathy, and migraines that interfere with concentration and sustained activity. SSA evaluates both physical and cognitive limitations.

Mental health conditions

Depression, anxiety disorders, PTSD, bipolar disorder, schizophrenia, and personality disorders can qualify for disability benefits when they significantly limit your ability to maintain a schedule, concentrate, interact with others, or manage the ordinary demands of a workplace. Mental health claims require careful documentation of treatment and functional limitations.

Long COVID

Long COVID — persistent symptoms lasting months after initial infection — including severe fatigue, post-exertional malaise, cognitive impairment (brain fog), shortness of breath, and cardiovascular effects can qualify as a disabling condition under SSA's existing rules. We have helped clients with long COVID navigate the application and appeal process.

Multiple conditions together

Many people do not have one condition that clearly meets the standard on its own — but have several conditions whose combined effect makes work impossible. SSA is required to consider the combined impact of all your conditions together. We make sure your file reflects the full picture.

Interactive Tool

Evidence builder — what wins a disability case?

Check off the evidence you already have. We will show you what you are missing and why each piece matters to the person making the decision.

0 of 7 key evidence items — get started by checking the boxes below

Treatment records from every provider
SSA needs records from every doctor, therapist, specialist, and clinic that has treated you for your disabling conditions. Missing providers leave gaps that examiners use to question the severity of your condition. Gather the names and contact information for every treating source going back at least two years.
Consistent treatment history
A pattern of regular medical visits shows that your condition is genuine, ongoing, and severe enough to seek consistent care. Gaps in treatment — even if caused by cost, transportation, or insurance — can be used against you. If you have had gaps, we can help you explain them in a way that does not damage your case.
Functional capacity form from your treating doctor Most important
This is the single most outcome-relevant document in a disability case, and most claimants have never heard of it. A functional capacity form (also called an RFC — Residual Functional Capacity assessment) asks your doctor to describe specifically what you can and cannot do: how long you can sit, stand, or walk; how much you can lift; how often you need breaks; whether pain or fatigue would interfere with concentration. A well-completed form from a doctor who knows you and your condition can change the outcome of your case. We help clients understand how to ask for this form and what it needs to contain.
Symptom and activity diary
A daily or weekly log of your symptoms, pain levels, activity limits, and how your condition affects your daily life gives the decision-maker a window into your experience that medical records alone cannot provide. Track what you can and cannot do on good days and bad days. Note when you need to rest, when pain disrupts sleep, and when symptoms are at their worst.
Detailed work history and job duties
SSA evaluates not just whether you can do your old job, but whether you can do any job that exists in significant numbers in the national economy. A precise description of every job you have held — the physical demands, the mental demands, the pace, the tools — is used to map your case against SSA's occupational database. Vague or inaccurate descriptions can lead to bad outcomes.
Medication list and side effects
The medications you take and their side effects are relevant evidence. Drowsiness, cognitive impairment, gastrointestinal effects, and other medication side effects can independently limit your ability to work. Keep a complete, current list of every medication including dosage, frequency, prescribing doctor, and the side effects you experience.
Statements from people who see you daily
Third-party statements from family members, caregivers, neighbors, or close friends who can describe what your daily life actually looks like — how you move, what you can do around the house, how your condition affects your sleep and mood — provide the human context that paper records cannot. These statements are given genuine weight, especially at the hearing level.

Not sure what you have or how to get what you are missing? We can help you build the strongest possible record for your case.

Get help building your evidence

Demystifying the Process

What a disability hearing is actually like

Many people imagine a courtroom with a jury and a judge in robes. A Social Security disability hearing is nothing like that. Here is what actually happens.

The hearing takes place in a small conference room — usually at the SSA hearing office in Raleigh, though video hearings are now common. The room holds the Administrative Law Judge, a hearing reporter, a vocational expert (and sometimes a medical expert), your attorney, and you. That is typically it. There is no opposing attorney. There is no jury.

The judge will ask you questions about your conditions, your daily activities, your work history, and why you believe you cannot work. The vocational expert will testify about jobs in the national economy and whether someone with your limitations could perform them. Your attorney will ask follow-up questions and make arguments on your behalf.

Hearings typically last 45 minutes to an hour and a half. They feel more like an interview than a trial. You are not cross-examined by an adversary. You are asked, plainly and directly, to describe your life and your limitations. We prepare every client for exactly the questions they will face so that nothing comes as a surprise.

The judge's decision typically arrives in writing several weeks after the hearing. At Benefit Path Disability Law, we stay with you through every step — from the hearing day itself through the written decision and any further appeal if one is needed.

A calm, professional conference room setting

We prepare every client for the exact questions they will be asked. No surprises.

Our Fee — Plain English

You pay nothing unless we win.

Social Security disability fees are set by federal law. We cannot charge more than the law allows, and the fee must be approved by the Social Security Administration before we receive it.

No fee up front. You do not pay anything to get started. No retainer. No hourly charges. Nothing.
Contingent fee. Our fee is a percentage of the back pay you receive if we win — currently capped by law at 25% of back pay, with a maximum of $7,200 (subject to adjustment). SSA pays us directly from your back pay award; you never handle the money.
SSA approves the fee. The Social Security Administration reviews and approves the attorney fee before it is paid. You are protected by federal law.
If we do not win, you owe nothing. No win, no fee. We take the same financial risk you do.

Free evaluation — no obligation

The Benefit Path Disability Law reception area

Our Team

People who understand what you are going through

We focus exclusively on disability law. This is all we do — which means we know the North Carolina hearing offices, the judges, and the arguments that move cases forward.

Margaret Osei

Founding Attorney

North Carolina State Bar — Admitted 2003
Focus: SSDI, SSI, and ALJ hearings since 2005
Member, National Organization of Social Security Claimants' Representatives (NOSSCR)
Wake Forest University School of Law, J.D. 2003
Former SSA administrative law clerk, 2003–2005

Margaret founded Benefit Path Disability Law after two years working inside the Social Security Administration as a law clerk. That experience gave her a precise understanding of how cases are evaluated — and what makes the difference between an approval and a denial. She has represented claimants at every level of the appeals process, from initial applications through federal court.

David Carrington

Senior Attorney

North Carolina State Bar — Admitted 2009
Focus: ERISA long-term disability and complex ALJ hearings
Member, NOSSCR — Federal Court Practice Section
UNC School of Law, J.D. 2009
Represented claimants in the Eastern District of NC federal court

David handles the firm's ERISA long-term disability cases and complex hearing-level cases involving multiple conditions, vocational expert challenges, and federal court appeals. He has appeared before the ALJ hearing offices in Raleigh, Durham, and Fayetteville, and has briefed cases before the Appeals Council and the U.S. District Court for the Eastern District of North Carolina.

Sandra Whitfield

Attorney

North Carolina State Bar — Admitted 2014
Focus: initial applications, reconsideration, and mental health claims
Member, NOSSCR
Campbell University School of Law, J.D. 2014
Former legal aid attorney, Pisgah Legal Services

Sandra joined Benefit Path Disability Law after years of legal aid work representing low-income clients in western North Carolina. She brings particular depth to mental health disability cases — depression, anxiety, PTSD, and bipolar disorder — where careful documentation of functional limitations is essential. She is known for taking the time to listen carefully and explain every step of the process.

Client Voices

From the people we have helped

These testimonials reflect individual experiences. Prior results do not guarantee a similar outcome in any other case.

"I had been denied twice and was ready to give up. A friend told me to call Benefit Path. Margaret explained exactly what had gone wrong with my previous applications and what we needed to do differently. We won at the hearing. I finally have the benefits I needed."

R.T. Durham, NC — SSDI for spinal stenosis

"Sandra took the time to actually listen to what my life is like. The paperwork, the phone calls, the preparation for the hearing — she handled all of it. I just had to show up and tell the truth. I was approved at my first hearing."

K.P. Raleigh, NC — SSI and SSDI for depression and fibromyalgia

"My long-term disability insurer denied my claim after two years of paying benefits. David handled the ERISA appeal and got it right. He knew exactly what evidence to include and why. I would not have known where to start."

J.M. Cary, NC — ERISA long-term disability appeal

How long does the disability process take?

It varies significantly by stage. An initial decision typically takes 3 to 6 months. If you are denied and request reconsideration, that takes another 3 to 5 months. If you are denied again and request an ALJ hearing, the wait for a hearing in North Carolina is currently 12 to 24 months. We know this is a very long time. We stay in contact with you throughout the process and update you when anything changes.

What if I cannot afford to see a doctor regularly?

We understand. The cost of medical care is a real barrier for many of our clients. We can help you identify community health clinics, federally qualified health centers, and other low-cost care options in the Raleigh area. Consistent treatment, at whatever provider you can access, is important to your case — and we work with the records you have while helping you build toward stronger documentation.

What is the difference between a disability examiner and an ALJ?

At the initial and reconsideration stages, a disability examiner — a non-attorney employed by the state agency — reviews your paperwork. You typically never meet this person. At the hearing stage, an Administrative Law Judge (ALJ) holds a live hearing, hears testimony from you and from expert witnesses, and makes a decision. ALJs are experienced federal hearing officials. The hearing stage is where most approvals happen, and it is where legal representation makes the biggest difference.

Can I work while my disability case is pending?

In limited ways, yes — but this is an area where you need to be careful. Working at a level above what SSA calls "substantial gainful activity" (SGA) while your claim is pending can result in a denial. SGA is currently defined as earning more than a certain monthly amount (adjusted annually). Occasional or irregular part-time work below that threshold may be possible, but every situation is different. Talk to us before you take on any paid work while your claim is open.

What happens if I am approved? When do I get paid?

After an approval, SSA will send a notice explaining the amount of your benefit and the amount of back pay you are owed. Monthly benefits typically begin within one to two months of the approval. Back pay is usually paid in a lump sum, though SSI back pay above a certain amount may be paid in installments. SSDI has a five-month waiting period built in — meaning your benefits begin five months after your established onset date, not the date you applied. We explain all of this clearly when we review your approval notice with you.

My employer's insurance company denied my long-term disability claim. What do I do?

File an appeal immediately — and get an attorney before you do. Under ERISA, the federal law that governs most employer group disability plans, the administrative appeal is the last opportunity to add evidence. Once the insurer issues its final denial, no new evidence can typically be introduced if the case goes to federal court. The appeal record is everything. We know how to build a complete ERISA appeal record and how to write the appeal brief that the insurer and, if necessary, a federal judge will read.

What does it mean that SSA says I can do "sedentary" work?

SSA uses a classification system: sedentary, light, medium, heavy, and very heavy work, based on how much lifting, standing, and walking a job requires. Even if SSA finds you are limited to sedentary work, you may still qualify for benefits — depending on your age, education, and previous work experience — under SSA's grid rules. The grid rules become more favorable as you get older. This is one of the reasons age matters a great deal in disability cases, and why the analysis is more nuanced than a simple yes or no on your physical ability.

Contacting you — does that create an attorney-client relationship?

No. Calling or emailing us does not create an attorney-client relationship. An attorney-client relationship is formed only when we both agree in writing that we are representing you. The free case evaluation is a conversation — it carries no commitment on either side. We encourage you to reach out.

Free Case Evaluation

Tell us a little about your situation.

There is no charge and no obligation. One of our attorneys will review your information and contact you — usually the same day or the next business day. You can also call us directly at 919-555-0173.

Short form. Simple questions. We ask only what we need to have a useful conversation.

Serving all of North Carolina from our Raleigh office. Phone and video consultations available statewide.

Your name

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Where are you in the process?

What conditions are affecting your ability to work? (optional — brief description is fine)

Submitting this form does not create an attorney-client relationship. We will contact you to discuss your situation at no charge.

You deserve benefits.
We help you get them.

Most people are denied the first time.

Where are you in the process?

Starting an application