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Social Security Disability Experts in Durham, NC

A Compassionate North Carolina Legal Team Here to Help You Seek Social Security Disability Benefits

If you are suffering from a disability that prevents you from performing daily activities on your own, holding down gainful employment, or returning to your workplace, contact our Social Security disability attorneys to discuss your legal options. It could be possible that you are eligible to start receiving Social Security disability payments that could help maintain financial stability, health care, and other basic needs. However, the Social Security disability process can be complicated, and many people with disabilities find their applications denied by case managers.

Our North Carolina legal team is deeply committed to helping our disabled clients get the benefits that they deserve. As Social Security claimants’ representatives, our lawyers provide a knowledgeable understanding of Social Security disability law and can help explain all of your options for taking action in pursuit of benefits. Our law firm operates out of multiple Law Offices across the state of North Carolina, including Clinton, Dunn, Fayetteville, Southern Pines, and Raleigh, NC. Wherever you are in North Carolina, our Social Security lawyers can be there for you to help you complete a successful application or appeal for disability benefits.

The disability law practice of Brent Adams & Associates offers free consultations to prospective new clients interested in retaining our legal services. Additionally, we operate on a contingency basis, meaning that you will not owe us any money unless we win your case. To schedule your free, no-obligation case evaluation today, please contact our Social Security disability attorneys today.

What is Social Security Disability Insurance (SSDI)?

Social Security disability insurance (SSD or SSDI) is a government program designed to provide monetary benefits to individuals who have a substantial work history but who have developed a new disability that could last up to a year or result in death. Payroll taxes go towards paying for SSDI benefits and funding the program.

SSDI benefits are the most frequently sought-after benefits from the Social Security Administration (SSA). Social Security disability insurance benefits millions of people who have a recent work history but who have become disabled due to catastrophic injury, illness, or other disabilities. In some cases, the dependents of a disabled person may also be able to collect benefits from the SSDI program. The amount of disability benefits you could receive is based on your work history and earnings.

What is Supplemental Security Income (SSI)?

To qualify for Supplemental Security Income (SSI) benefits, you must be at least 65 years of age, blind, or have a qualifying disability. You must also be a U.S. citizen or a naturalized citizen of the United States and have limited income and resources.

SSI is a federal income supplement program developed to provide monthly cash benefits to low-income disabled people and older adults to help them meet their basic needs. North Carolina has many residents who may potentially qualify for SSI benefits because of their low income, age, disability, and small resources. If you believe that you could potentially qualify for Supplemental Security Income, please contact the lawyers of our law firm to schedule your free consultation today.

What is the Difference Between SSI and SSDI Benefits?

Both SSI and SSDI benefits are federal income programs designed to help disabled people who cannot work. The two programs differ primarily in who they help and how they are funded.

Social Security disability insurance is designed to provide financial support to disabled workers with a substantial work history who have developed a disability that is likely to last up to 12 months or result in their deaths.

Supplemental Security Income, on the other hand, is designed to provide basic monetary income for low-income disabled people who have not worked long enough to qualify for SSDI or who have never been able to work.

U.S. Federal payroll taxes, such as FICA and SECA, fund Social Security disability insurance. General tax revenues fund the Supplemental Security Income program.

What Are Common SSDI Benefits?

The Social Security disability insurance program provides several unique benefits to disabled individuals who cannot work due to a qualifying disability.

The key benefits that you could potentially get from SSDI include the following:

  • Dependent benefits
  • Educational benefits
  • Medicare coverage
  • Monthly cash benefits
  • Protection of future benefits
  • Special rules for blind people
  • Vocational rehabilitation services
  • Work incentives

A Social Security disability lawyer from our legal team would be proud to provide legal guidance to you and your loved ones.

What Are the Eligibility Requirements for NC Social Security Disability Benefits?

Several criteria must be met for a disabled individual to qualify for Social Security possibility benefits. Occasionally, a disabled person may not qualify for Social Security benefits because of these rather stringent restrictions.

To qualify for SSDI benefits, you must meet the following:

  • You have a severe physical or mental condition that prevents you from being able to work
  • At the time that you became disabled, you had worked at least five of the last ten years
  • With a few exceptions, you are under the age of 65
  • Your physical or mental condition has lasted or is expected to last at least one year or result in your death

Your disability must also cause significant functional limitations that prevent you from working. Such limitations could include your ability to walk, stand, crouch, crawl, kneel, push, or pull.

How Does the Social Security Administration (SSA) Determine Whether a Person is Disabled?

The SSA uses a five-step process to determine whether or not an applicant for benefits is disabled based on their criteria.

The first question is, are you working? If you have a job and your earnings surpass the amount set for substantial gainful activity, you will be barred from consideration for Social Security disability benefits. The amount for substantial gainful activity changes every year.

Next, they will question whether your medical condition is severe. If they do not believe that your disability is severe enough, you will not receive disability benefits. Thorough medical records must illustrate your disability to the SSA.

Is your physical or mental condition on the SSA’s list of impairments? If your condition is not on the SSA’s list, the Administration must determine if your condition is equal to something on the list.

The Social Security Administration will question whether your medical condition prevents you from returning to your old line of work. If you are able to return to work that you did before, you will be denied benefits.

If you cannot do the work you did in the past, the SSA will question whether you can do any other type of work. If you cannot perform other types of work, you will likely be awarded disability benefits.

Do You Have Enough Work Credits for SSD Benefits?

In order to qualify for benefits, you must show that you have enough work credits. The most work credits you can earn in a single calendar year is four. Your initial application must establish that you pass two different types of earnings tests: the recent work test and the duration of work test. The number of work credits you require to pass these tests may depend on how old you were when you became disabled.

To learn more, please get in touch with a Social Security disability attorney at our law firm today.

Does Your Physical or Mental Condition Meet the SSA’s Definition of a Disability?

To qualify for disability benefits, you must have a medical condition that meets the SSA’s definition of a disability. There are a wide range of physical and mental health issues that are sometimes covered by Social Security disability. However, even if your disability is on the list, the SSA must still determine that your disability is severe enough and prevents you from working before they award you benefits.

Qualifying medical conditions may include the following:

  • Arthritis
  • Autism
  • Bipolar disorder
  • Cerebral palsy
  • Cervical neck impairments
  • Chronic pain or numbness
  • Coronary artery disease
  • Diabetes
  • Digestive tract conditions
  • Extreme anxiety
  • Foot and ankle impairments
  • Heart disease
  • Immune system disorders
  • Inability to sit or stand for long periods of time
  • Kidney disease
  • Knee surgery or knee impairments
  • Lower back impairments
  • Parkinson’s disease
  • Post-traumatic stress disorder (PTSD)
  • Respiratory disease
  • Schizophrenia
  • Sensory and speech conditions
  • Severe depression
  • Various types of cancer
  • And more

Before filing your application for benefits, please contact a Social Security disability lawyer at our law firm. We would be pleased to provide legal advice.

What is the Role of Medical Evidence in an SSDI Claim?

Medical evidence is the foundation upon which every successful Social Security disability insurance claim is built. The SSA relies heavily on your medical records to determine the severity of your disabilities and the impact of those disabilities on your ability to hold down a job.

When submitting a claim, including comprehensive and up-to-date medical records is essential. These records could include reports from your primary care physician, specialists, and other health care providers.

Reports describing how your medical condition limits your ability to perform daily activities on your own or work-related tasks are also crucial. Such reports will help the SSA comprehend how your disability affects your employability and functionality.

Can Disabled Workers Receive Workers’ Compensation in Addition to Social Security Disability Benefits?

Many workers develop long-term disabilities due to work-related injuries and occupational illnesses. These disabled workers typically can seek workers’ compensation benefits. However, if the disabled worker qualifies for permanent disability benefits, your workers’ compensation benefits will likely reduce the amount you could potentially qualify for in terms of SSDI benefits.

What if Your Initial Application is Denied?

Claims are usually denied because of technical or medical reasons. Technical denials relate to the SSA determining that the disabled applicant does not meet eligibility requirements for benefits. Typically, this means that the applicant either does not have the appropriate number of work credits or they make too much money. Medical denials occur when the SSA states they do not believe your disability, injuries, or illness are severe enough to prevent you from obtaining gainful employment.

Even if you have been denied, try not to despair. You still have legal options. Our Social Security disability attorneys have extensive experience representing North Carolina residents who have been denied disability benefits.

The SSDI appeals process involves several critical steps, each requiring careful planning and close attention to detail.

The first step after receiving a denial notice is to file a request for reconsideration. At the reconsideration level, the SSA will task a new representative to review your application, including any new evidence or documents that could potentially strengthen your claim.

If your claim is denied at the reconsideration level, your next step is to request a hearing before an administrative law judge (ALJ). The administrative law judge will thoroughly review your case before making a decision. It is advisable to have a Social Security disability lawyer in your corner for such a hearing.

If the administrative law judge denies your claim, you can request a review by the Social Security Appeals Council.

If the Appeals Council denies your request or upholds the decision made by the administrative law judge, the final step in the appeals process is to file a lawsuit in federal court.

How Soon Can You Begin the Application Process After Becoming Disabled?

It is strongly advisable that you apply for disability benefits as soon as you become disabled. It can take several months for the SSA to process an application, and there is a mandatory waiting period of five months from the onset of your disabling condition before you can start receiving benefits.

Schedule a Free Case Evaluation with Our Durham Social Security Disability Lawyers Today

If you are applying for disability benefits, you are strongly encouraged to retain the professional legal representation of professionals experienced in North Carolina Social Security law. Our legal practice has years of experience in Social Security disability, personal injury law, and related practice areas, and we would be proud to represent your interest as you seek the benefits you deserve. If your application has been denied, we can help you pursue justice by taking you through the appeals process in hopes of the most optimal outcome to your case possible.

To learn more about the legal services we provide our clients, please schedule your free consultation with our law firm today. You can reach us at 910-249-6891.