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When you are left unable to work due to an injury or illness, it can be a difficult time. You worry about how to pay your medical bills and provide for your family. At Daggett Shuler, we believe your only focus should be on your treatment and recovery.
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs offered through the Social Security Administration (SSA) can provide financial assistance for sick or injured workers. Unfortunately, applying for these benefits can be both complicated and frustrating. Even legitimate claims are frequently denied. That’s why you should turn to an experienced attorney to help you get the Social Security Disability or SSI benefits you deserve.
Eligibility for Social Security Disability depends on several factors—including the severity of your medical condition and your work history. Generally, you must prove your medical condition is disabling—and became disabled while you were insured. To be insured, you must have worked a certain number of years and paid FICA or Social Security taxes on that work. If you qualify, you may be eligible.
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Eligibility for Social Security Disability depends on several factors—including the severity of your medical condition and your work history. Generally, you must prove your medical condition is disabling—and became disabled while you were insured. To be insured, you must have worked a certain number of years and paid FICA or Social Security taxes on that work. If you qualify, you may be eligible. At Daggett Shuler, our lawyers will help you with the following:
Do you have questions about Social Security Disability, SSI, or Long-Term Disability? Do you have questions about your rights or eligibility for these programs? Don’t struggle on your own. If you’ve been denied, the Board-Certified Specialists at Daggett Shuler may be able to help.
At Daggett Shuler, your Social Security Disability or SSI case will be handled by an attorney who is a Board-Certified Specialist in Social Security Disability Law with extensive experience handling cases before judges in North Carolina.
The first step is completing the application which is reviewed by Disability Determination Services (DDS). If the application is denied, then you have to file a request for reconsideration which is an appeal of the unfavorable determination by DDS. This is simply a second review by DDS of your disability claim. Most applications and requests for reconsideration are denied by DDS.
If the request for reconsideration is denied, you can file a request to have a hearing in front of an Administrative Law Judge. At the hearing, your attorney will present legal arguments and medical evidence in support of your disability claim, solicit testimony from you about your medical condition and functional abilities, and question the vocational expert. carefully reviewing all of the evidence and legal arguments, the judge will issue a decision.
If you receive an unfavorable decision from the Administrative Law Judge, you can file an appeal with the Appeals Council. The Appeals Council reviews the unfavorable decision to see if it is supported by substantial evidence and to make sure the judge did not make a legal error. The Appeals Council can reverse the judge’s decision and approve your claim, remand your case to the judge for another hearing, or deny your appeal.
If you disagree with the Appeals Council’s decision, you can file a lawsuit in federal court to further challenge the Social Security Administration’s unfavorable decision. If the district court upholds the unfavorable decision, then you can appeal the decision to the U.S. Circuit Court of Appeals and possibly the U.S. Supreme Court.
While any illnesses, injury, or condition—if serious enough to limit one’s ability to work—may potentially qualify an applicant to receive Social Security Disability (SSD) benefits; the Social Security Administration (SSA) provides a wide list of impairments that potentially qualify for SSD benefits in their “Blue Book.” Please note that this list is not comprehensive.
The Social Security Administration (SSA) approves Social Security Disability (SSD) benefits on a case-by-case basis. They base the amount on an individual recipient’s past earnings, current earnings, and number of dependents. In 2018, most applicants who have been approved for SSD benefits receive between $700 and $1,700 each month—or $1,197 per month on average.
Any illnesses, injury, or condition may potentially qualify for Social Security Disability (SSD) benefits. The Social Security Administration (SSA) considers an individual to be disabled provided their “disability has lasted or is expected to last for at least one year or to result in death.” A temporary disability expected to last more than one year may still qualify.
The Social Security Administration (SSA) does not place a limit on how much a person receiving Social Security Disability (SSD) benefits can earn from investments, interest, or a spouse’s income. However, the SSA limits how much beneficiaries can earn through work to $1,180 per month for disabled applicants—or $1,970 per month for blind applicants.
While many potential applicants believe they must be out-of-work for six months to one year before applying for Social Security Disability (SSD) benefits, the Social Security Administration (SSA) has no such requirement. However, applicants must demonstrate their “disability has lasted or is expected to last for at least one year or to result in death” to qualify.
After what the Social Security Administration (SSA) calls the “trial work period,” recipients of Social Security Disability (SSD) benefits are limited to 45 hours of work per month—roughly 10 hours a week. In nearly all cases, the SSA limits how much beneficiaries can earn through work to $1,180 per month for disabled applicants—or $1,970 per month for blind applicants.
The Social Security Administration (SSA) provides Social Security Disability (SSD) benefits based on an applicant’s inability to work due to an illness, injury, or condition. These benefits compensate SSD recipients for their inability to work. The ability of recipients to work and receive SSD benefits is limited to 45 hours a month—or approximately 10 hours a week.
The Social Security Administration (SSA) provides Social Security Disability (SSD) benefits to those applicants who are unable to work due to an illness, injury, or condition—provided their “disability has lasted or is expected to last for at least one year or to result in death.” These benefits compensate SSD recipients for their inability to work.
Social Security Disability (SSD) benefits are not guaranteed for life. Beneficiaries must meet ongoing requirements to continue receiving benefits. The Social Security Administration (SSA) conducts reviews to determine if disabling conditions have improved and applicants can return to work. If you are no longer disabled under SSA guidelines, SSD benefits may cease.
Unlike Supplemental Security Insurance (SSI), the Social Security Administration (SSA) does not apply an asset test for recipients of Social Security Disability (SSD) benefits. There is no limit placed on assets, cash, or resources that an applicant can own. Therefore, there is nothing to prevent beneficiaries from owning both the home and land on which they currently live.
2140 Country Club Rd,
Winston-Salem, NC 27104
3859 Battleground Ave,
Greensboro, NC 27410
Our attorneys have been helped North Carolina residents recover from car accident injuries, workers' compensation claims, social security disability, personal injury claims, and more. Our clients know that we stand beside them when they are going through a difficult time.
