What is the definition of disability used by the Social Security Administration?
Under the Social Security Act, "disability" means "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."
Can I get both workers' compensation and Social Security disability benefits?
Yes. Disability benefits are reduced by workers' compensation benefits in North Carolina, but in most cases you will still receive some money from Social Security disability. Our disability and workers' comp lawyers will work together to make sure you receive the maximum amount of benefits available.
How do I know if I will be found disabled by Social Security?
No one can be certain how Social Security will decide on a particular claim. The decision to apply should not be based upon whether you feel Social Security will find you disabled. You should make the decision to file a claim for disability based upon your belief that you truly are unable to work. Our lawyers can tell you whether or not we believe you have a chance of receiving benefits. If you apply and are denied, you should consult with an attorney familiar with Social Security disability to get an opinion as to the chances of success on appeal.
Is there a list of diseases that qualify as disabilities?
The Social Security Administration has identified certain conditions considered disabling. The requirements to be found disabled under these "listings" are quite high, and it helps to have an experienced attorney who can present your case in the best light to prove that your condition meets the requirements.
Do I have to be permanently disabled to get Social Security disability benefits?
No. You have to have been disabled for at least a year or are expected to be disabled for at least a year. You may still be eligible to receive some benefits if your condition kept you from working for a year but are now able to return to work.
How does the Social Security Administration determine if I am disabled?
In general, Social Security decides whether you are able to do your past work.
If Social Security decides you are unable to do your past work, they are supposed to consider whether there is any other work which you can do considering your health conditions, education, and age.
What can I do to improve my chances of winning my Social Security Disability claim?
Be honest with the Social Security Administration and make sure to tell your doctors about everything that is going on with you, even if you do not think it is related to the condition the doctor is treating you for. Many diseases and conditions result in symptoms that do not seem to be related to your main medical condition, and patients downplay these symptoms to their doctors. beyond being honest and complete with Social Security and your doctors, the most important thing that you can do is to keep appealing your disability denials and hire an experienced person to represent you. Most claims are denied at the initial level but are approved at higher levels of review.
If I win my claim, how much money will I get?
For disability insurance benefits, it depends on how long you have worked and what you earned in the past. Every year you should receive a statement from the Social Security Administration that explains your eligibility for disability insurance benefits and outlines roughly how much you would receive. For all types of SSI benefits, there is a base amount that an individual with no other income receives. Other income and resources that an individual has reduces the amount of SSI and individual can receive.
How far back will I be paid benefits if I am found disabled?
For Disability Insurance Benefits, there is a waiting period of five full months before you can start receiving benefits. In addition, benefits cannot be paid prior to the start fo the month following the date of the claim.
What do I do if Social Security denies my claim for disability benefits?
First, do not be surprised. Many people with disabilities are denied every day. There are appeals available to you. If you are denied at the initial or reconsideration level, you should consider speaking with an attorney about representing you in your appeals.
What happens if I am denied on my request for reconsideration?
You have 60 days to file another appeal called a Request for Hearing. At this level, you are asking for an Administrative Law Judge to hear your case and decide whether or not you are disabled.
When will I have my hearing on my Social Security Disability claim?
There is no way to know for sure. Some SS offices schedule hearings a few months after receiving a Request for Hearing while it takes other offices a year or longer to schedule. A new hearings office opened recently in Fayetteville, so hopefully it will speed up the wait for a hearing in that location.
What can I expect at the Social Security hearing?
Hearings are usually very informal. The only people likely to be there are the judge, a secretary operating a tape recorder, you, your attorney, and anyone else you have brought with you. In some cases, the Administrative Law Judge has a medical doctor or vocational expert present to testify at the hearing. There is no jury or attorney representing Social Security to try to get the judge to deny your disability claim.
Do I really have to hire a lawyer to represent me in my Social Security disability claim?
No. You can go through the process on your own if you wish, but statistically claimants who are represented by an attorney win more often than those who are not represented.
How do lawyers who represent Social Security disability claimants get paid?
In almost all cases, the attorney receives 25 percent of the back benefits if the claimant wins and no fee if the claimant loses. Usually Social Security pays the attorney directly so the claimant does not have to worry about writing a check to the attorney.
I am disabled, but I have never or rarely worked? Can I still get Social Security benefits?
If your household income and assets are low enough, you can qualify for Supplemental Security Income (SSI) if you are disabled, even if you have never worked.
The Veterans Administration (VA) says I am disabled, so why is Social Security denying my Social Security disability claim?
Social Security's position is that VA decisions are not binding upon them. Social Security and VA have very different standards for approving disability claims.
The VA gave me a 60% disability rating. Do I get 60% of my Social Security disability benefits?
No, for purpose of Social Security disability benefits, you are either disabled or not disabled. Even if the VA assigned you only a percentage of disability you may be able to win Social Security Disability benefits. It is a good idea to consult an attorney to assess your chances of winning a Social Security Disability claim.
Can mental illness or depression serve as the basis for a Social Security Disability claim?
Yes, we have obtained benefits for many clients who suffer from mental illnesses and/or depression.
What is the difference between Medicaid and Medicare?
Medicaid is an income-based program. Many disabled people get Medicaid because they are on Supplemental Security Income (SSI). It is also possible to apply for Medicaid directly through a local Medicaid office without even applying for SSI.
Medicare, on the other hand, is not based on income. If you have been on Disability Insurance Benefits for 24 months, you qualify for Medicare.
If you have other questions, please call our office.
In Fayetteville, call 910-864-6888.
In Wilmington, call 910-509-7480.
Or send us an email.
