Frequently Asked Questions

No, you dont have to hire an attorney, but you only get one shot at applying-so it is best to go in with the best tools possible. The statistics clearly show that people who do not have legal representation also have a significantly lower success rate. This is the number one reason to hire an attorney.  Social Security Claims require you to meet the legal definition of disability and it is complicated and can be difficult to understand  eligibility. Our focus on disability claims means that we are as familiar with the medical issues involved in these cases as they are the legal ones. 

When choosing a disability lawyer, some people consider large national firms that advertise heavily on television or online. While those firms handle many cases, they often rely on a high-volume approach where clients may interact with multiple staff members rather than working closely with one attorney.

Athena McMahon takes a more personal approach. As a smaller firm, I am able to provide individualized attention and take the time to understand each client’s medical history, work background, and specific challenges. Clients typically communicate directly me rather than being passed between departments.

Working with a smaller firm can mean your case receives more focused preparation. Disability claims often depend on carefully gathering medical evidence and explaining how a condition affects your ability to work. Personalized representation allows us to develop a strategy tailored to your situation.

For many clients, the benefit of a smaller firm is knowing who is handling their case and having direct access to their attorney throughout the process.

Contact me for a free consultation.

While our office is based in Charlotte, NC, we represent clients throughout Mecklenburg County and surrounding areas. We are familiar with local SSA offices, and procedures, which allows us to provide guidance tailored to your local context.

A Social Security disability attorney has experience dealing with the Social Security Administration (SSA) and, as a result, is very skilled at handling the various issues that may arise throughout the application process.   She will l function as the communicator between you and the SSA. The Social Security disability application process is complex and much of the language used is often foreign to the average person. Your experienced disability attorney speaks the same language as the SSA, and thus can communicate on your behalf. In addition to serving as the middleman, your disability attorney will:n answer to this item.

The attorney works on what is called a "contingency basis." This means that if we only get paid our fee if and AFTER you win your case. NO FEES UNLESS YOU WIN YOUR CASE. This means you do not have to pay up front fees to the attorney to get started for representation. Social Security pays the attorney a fee (described below) directly ONLY IF YOU WIN. By law, our fees for any SSD or SSI claim are limited to 25 percent of the “back benefits” owed to you by the Social Security Administration (SSA), or $9,000 dollars… whichever is less. In addition, our fees and costs must be submitted to the SSA for approval before we can charge you anything. Can you save on this cost by hiring a non-lawyer advocate instead of an actual lawyer? No, because advocates are allowed to charge you the exactly the same amount of money. We can explain how this works in more detail at an initial free consultation.

The timeline for a Social Security Disability claim can vary. An initial application may take several months to receive a decision. If a claim is denied and an appeal is necessary, the process can take longer. Many people receive benefits after a hearing before an administrative law judge. Having an experienced disability attorney can help you navigate each step of the process and avoid unnecessary delays.

Many disability claims are denied at the initial application stage. If your claim is denied, you have the right to appeal. The appeals process may include reconsideration, a hearing before an administrative law judge, review by the Appeals Council, and in some cases federal court review. An attorney can help prepare the necessary evidence and represent you during this process.

It may be possible to work while applying for disability benefits, but there are strict limits on how much income you can earn. If your earnings exceed the Social Security Administration’s limits for “substantial gainful activity,” your claim may be denied. It is important to understand these limits before working while your application is pending.

Medical evidence is one of the most important parts of a disability claim. This may include medical records, physician reports, diagnostic tests, treatment history, and statements from your doctors about your limitations. The Social Security Administration uses this information to determine whether your condition prevents you from working.

If your disability claim is approved, you may receive back pay for the months between when you became disabled and when your claim was approved. The exact amount depends on factors such as your disability onset date and when you filed your application.

Social Security Disability Insurance (SSDI) is based on your work history and the Social Security taxes you have paid. Supplemental Security Income (SSI) is a needs-based program for individuals with limited income and resources. Some individuals may qualify for one program, while others may qualify for both.

At a disability hearing, an administrative law judge reviews your case and asks questions about your medical condition, work history, and limitations. Medical or vocational experts may also testify. Your attorney can present evidence and ask questions to help demonstrate why you qualify for benefits.

Many medical conditions may qualify for disability benefits if they prevent you from working for at least twelve months. Examples include severe back injuries, neurological disorders, heart disease, autoimmune conditions, and serious mental health disorders. The Social Security Administration evaluates both the diagnosis and how the condition limits your ability to work.

To qualify for Social Security Disability benefits, your condition must be expected to last at least twelve months or result in death. Short-term or temporary conditions typically do not qualify under Social Security rules.

Yes. Many individuals apply again or appeal after a denial. A previous denial does not mean you cannot qualify for benefits in the future. In some cases, additional medical evidence or legal representation can make a significant difference.

Before applying, it is helpful to gather your medical records, treatment history, medication list, and information about your work history. Being organized and providing complete information can help avoid delays in processing your claim.

Charlotte residents typically work with the Charlotte Social Security Administration office for applications and inquiries. You can also handle some steps online or by phone, but our firm can guide you through the process to make sure your paperwork and evidence meet SSA requirements.
Learn more about filing in Charlotte

Hearing wait times can vary by office. In Charlotte, a typical Social Security Disability hearing may take 6–12 monthsfrom the request to the actual hearing date. Working with an experienced Charlotte attorney can help prepare your case efficiently and ensure it is ready when your hearing is scheduled.
See our SSDI hearing tips

Yes. Many disability claims in Charlotte are initially denied. Our firm specializes in handling appeals, including reconsiderations and hearings before administrative law judges. We can review your case, gather additional medical evidence, and represent you throughout the appeals process.
See our denied disability page