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Q
My job requires me to be on my feet, but after foot surgery I am not able to. My employer fired me. Am I eligible for Social Security Disability in NC?

A

disability lawyers raleighIf you feel you have experienced employment discrimination due to your disability, you may qualify for compensation. Were the terms of your job loss memorialized in writing? An email or letter from your employer explicitly stating that you were terminated due to your disability would be powerful evidence for a claim, both out-of-court and in court. Whether you qualify for federal disability benefits is a separate issue. In order to qualify for Social Security Disability, applicants must go through a detailed legal process. First, they must have worked in a job covered by Social Security. Next, it has to be determined if your specific medical condition meets the Social Security's definition of disability, which requires a review of your medical treatment records. 

After a review of the federal adult disability checklist, applications can be made online or at the local Social Security Administration office. To complete the application process, you must fill out an adult disability report, which includes your medical and work information, then complete form SSA-827 (medical information disclosure). Applicants then have to wait for a decision to be made by the Social Security office. 

If you meet the set standards and are unable to work for a year or more due to your condition, you could be eligible for a monthly cash benefit. In most cases, your cash benefits will continue until you’re able to return to back to work on a regular basis.

You could also qualify for “work incentives,” which are additional benefits that extend healthcare coverage, to make your transition back to work even more seamless.

If the form is not completed correctly or on time, your application could be rejected. You have the right to appeal the disability decision if you are denied benefits, although the process can take months to complete. 

To find out if you’re eligible for Social Security Disability, or if a Social Security office has recently denied your claim for benefits, contact the Social Security Disability lawyers in Raleigh, Fayetteville and Dunn with Brent Adams & Associates. If your foot surgery was required as a result of a work injury, it is important to discuss the details of the work accident with a lawyer so that you can pursue benefits through the North Carolina Industrial Commission.