How to appeal a disability decision in North Carolina?

By Hogan Smith

Updated 06/03/2025


If your application for Social Security Disability benefits has been denied in North Carolina, you're not alone. The Social Security Administration (SSA) denies the majority of initial claims. Fortunately, you have the legal right to appeal the decision—and many people are eventually approved during the appeals process.



This guide walks you through the four levels of appeal, what you’ll need at each stage, and how to strengthen your case to improve your chances of winning.

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Understanding Why Your Claim Was Denied

Before filing an appeal, it’s important to review your denial notice. Common reasons for denial include:


  • Insufficient medical evidence
  • Earning too much income (exceeding Substantial Gainful Activity limits)
  • Failure to follow treatment
  • Incomplete or inaccurate application
  • SSA doesn’t believe your condition is severe or long-lasting enough


Understanding why your claim was denied will help you address the issue effectively in your appeal.


The Four Levels of Appeal in North Carolina


1. Request for Reconsideration

Deadline: Within 60 days of the denial notice


This is a complete review of your original application by someone who wasn’t involved in the initial decision. You can submit:

  • Additional medical records
  • Clarifying statements from your doctors
  • Corrections to any mistakes in your application


In North Carolina, this step is handled by the Disability Determination Services (DDS).


2. Hearing Before an Administrative Law Judge (ALJ)

Deadline: Within 60 days of a second denial


If your reconsideration is denied, you can request a hearing before an ALJ. This is a critical stage, where many claims are approved. You’ll present your case in person or via video conference, and may bring:

  • Witnesses (including medical or vocational experts)
  • Updated medical records
  • A detailed explanation of how your condition prevents you from working


Having strong documentation and preparation is essential.


3. Appeals Council Review

Deadline: Within 60 days of the ALJ’s decision


If the ALJ denies your claim, you can request a review from the Social Security Appeals Council. They may:

  • Approve your claim
  • Send it back to the ALJ for another hearing
  • Deny your request for review


At this stage, the process becomes more legalistic and complex.


4. Federal Court Review

If the Appeals Council denies your case or declines review, your final option is to file a civil lawsuit in federal district court. You will likely need a lawyer for this step, as it involves formal legal arguments and federal procedures.


Strengthening Your Appeal
  • Collect new medical evidence: Include recent test results, treatment records, and doctor letters
  • Clarify functional limitations: Make sure your providers explain how your condition limits daily activities and work tasks
  • Stay consistent: All statements and documents should support a clear, consistent narrative
  • Meet all deadlines: Missing a deadline could force you to start the process from the beginning


You can file your appeal online at www.ssa.gov or by contacting your local SSA office.

How Hogan Smith Can Help

Appealing a disability decision in North Carolina can be overwhelming, but Hogan Smith is here to guide you through the process. We:


  • Review your denial letter and explain your appeal options
  • Help gather and submit compelling new evidence
  • Represent you at hearings and handle communication with the SSA
  • Improve your chances of approval at every level of appeal

Contact Hogan Smith Today

Don’t face the disability appeals process alone. Whether you’ve just been denied or are already preparing for a hearing, Hogan Smith offers free consultations to evaluate your case and explain your best next steps. Call us now or visit our website to get started on your appeal—and take back control of your future.


Further Reading

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Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

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