Skip to content

THE SOCIAL SECURITY DISABILITY BLOG

Call David Gantt
P: 828-252-2852

Appealing the Denial of Your Social Security Disability Claim

David Gantt is a North Carolina Board Certified Specialist in Workers Compensation Law. He represents individuals in matters regarding workers’ compensation and Social Security disability benefits matters. Contact David Gantt at 828-252-2852 to schedule a consultation about your unique circumstance.

TRANSCRIPT OF VIDEO

When Social Security denies your claim, the first thing you should do is make sure you file your appeal. You may want to seek legal counsel when you do that, but certainly early on in the process, you should consult an attorney who is familiar with the area. The denials are up in the 90% range in North Carolina and the odds are you’re not going to get Social Security approved the first two times you file applications. The third application that you make is the first time is going front of a person, an Administrative Law Judge or an “ALJ” who will actually look at you, talk to you, listen to you, and try to figure out what’s going on.

housecutout2
P: 828-252-2852

CONTACT DAVID NOW

FREQUENTLY ASKED SOCIAL SECURITY DISABILITY QUESTIONS

Q. How much will a lawyer cost me?

The ALJ must approve any fee charged by a lawyer. Lawyers will take Social Security cases on a contingency or percentage (%) basis. The standard percentage is twenty-five percent (25%) of any past-due benefits you might be entitled to. If your claim is rejected by the ALJ, you will not owe any money for attorney fees. Although if you lose, you are still obligated to pay any "out of pocket" expenses such as costs to obtain medical reports, copies, long distance phone calls and other related calls. No fees will be charged on future benefit payments.

Q. When can I expect a Social Security Hearing?

A. There are a large number of Social Security Appeals and it is often many months before each level of an appeal is decided. You are generally given four to six (4- 6) weeks notice before an Administrative Law Judge (ALJ) hearing and you will be expected to attend that hearing unless you have an extraordinary reason why you cannot attend. The exact number of months between appeals varies from case to case and there is little that can be done by you or your lawyer to speed up the process due to the huge backlog of cases waiting for a hearing. Once a hearing is held, the ALJ will render a decision within a few months of the hearing.

Q. Should I apply for Social Security when I am receiving Workers’ Compensation benefits?

A. Generally, yes. Social Security law requires that you be disabled for a period of twelve (12) months or more. You become eligible for Workers’ Compensation weekly checks when you miss more than one (1) week of work. If you believe that you might miss more than twelve (12) months of work, you should apply for Social Security. Since you may be forced to wait over one (1) year to receive Social Security benefits, you should apply for these benefits unless you are positive you will return to work within the twelve (12) month period. The interaction between Workers’ Compensation and Social Security benefits is very complicated. You should consult a qualified lawyer to make sure you coordinate the receipt of these benefits.

Q. What happens when I am denied?

Most claimants are denied several times before they receive a favorable decision on their claim. DO NOT GIVE UP. Your best opportunity to prove your disability occurs with a lawyer at an Administrative Law Judge (ALJ) hearing. You have paid SS taxes for years and should pursue your rights to get SS benefits aggressively.

Q. What if my disability is caused by drugs and/or alcohol?

A. Congress has passed legislation that severely limits the receipt of Social Security (SS) benefits if your substance abuse problems contribute to your disability. While the current law is very unfavorable to these types of claims, careful analysis by an experienced lawyer may help you find other grounds that are legitimate reasons to qualify for SS benefits.

Q. What is the difference between SS and SSI?

Both SS and SSI benefits have the same requirements for disability--the inability to work at a suitable job for a continuous period of twelve (12) months or more. SS benefits (also called Title II) are based on the amount of SS taxes you have paid in the system for the ten (10) year period before you became disabled. SS benefits are generally higher than SSI benefits. Dependents of SS recipients may also be entitled to benefits. You should report any dependants to SSA even if they do not live with you. SSI benefits (also called Title XVI) are based on a financial need. You may be eligible for SSI benefits even if you have never worked or paid SS taxes in your life. Generally SSA...

SOCIAL SECURITY DISABILITY VIDEOS

Our Video Library is not closed-captioned.  Instead of embedding our videos, we have created posts for them, where full transcripts of can be found. Click on the links below to view the video and its transcript.

Social Security Detail

Social Security – Detail

Social Security part 4

Social Security Part 4

Social Security part 3

Social Security Part 3

Social Security part 2

Social Security Part 2

Social Security part 1

Social Security Part 1

Rules Regarding Social Security Disability and Your Employment

Rules Regarding Social Security Disability and Your Employment

Social Security Hearing Timeframe

Resolution of Social Security Disability Cases: A Timeframe Overview

Contemporaneous Workers’ Compensation and Social Security Disability Claims

Contemporaneous Workers’ Compensation and Social Security Disability Benefit

Working While on Social Security

Social Security Disability and Your Employment

Appealing Social Security Denials

Appealing the Denial of Your Social Security Disability Claim

Work History Requirements

Work History Requirements for Social Security Disability

Drug and Alcohol Dependency and Social Security Disability

Drug and Alcohol Dependency and Social Security Disability

Child Eligibility for Social Security

Child Eligibility for Social Security Benefits and Social Security Insurance

The Administrative Law Judge’s Role in Social Security Disability

The Administrative Law Judge’s Role in the Social Security Appellate Hearing

Compassionate North Carolina Social Security Disability Lawyer

David Gantt describes his History in Helping People with Workers’ Compensation and Social Security Disability Cases

~ What Our Clients Say ~

Google Review 2020

April 8, 2020

My first time meeting Mr.Gantt, he was very open and honest about what it takes to get my SSDI. He was optimistic about my case. He walked me through what he needed on my part. I was very happy with the results of my hearing. I am very pleased with Mr.Gantt and definitely recommend his…

Yelp Review 2019

December 19, 2019

David Gantt and his staff were excellent very informative, kept me updated on every move and with this dedication I was able to win my Social Security hearing. Highly Recommend.

November 2019 AVVO Review

November 27, 2019

Amazing! When my husband was injured, we didn’t know who to turn to. I started googling to find a attorney, I called Mr. Gantt, I couldn’t be more thankful! The nightmare was over as Mr. Gantt and his amazing team handled everything from that very moment! Not only was professional but extremely caring, taking time…

November 2019 AVVO Review

November 27, 2019

David Gantt and his staff handled my disability claim and they were excellent. I highly recommend him, he is the best in Western North Carolina. Mrs. Kelly Reaves 5.0 stars November 5, 2019

October 2019 Martindale Hubble Review

October 29, 2019

David is clear, precise, and delivers as promises.

2019 Google Review

August 7, 2019

The entire staff were welcoming, knowledgeable, helpful, and nice people! David was professional. He knew exactly what he was talking about and did what he said he was going to do. I have had a wonderful experience with this firm and will not hesitate to use them in the future.

2019 AVVO Review “Get ‘er done Gantt!”

July 10, 2019

I was very satisfied with David Gantt’s expertise and knowledge in all aspects handling my case. He dealt with all the paperwork and contacted all necessary providers to get my medical history – it was extremely hassle free! He communicated and counseled me on what to expect – being very forthcoming (he’s a straight shooter)!…

2019 Facebook review

June 5, 2019

I highly recommend Mr. Gantt. He is very kind and always professional. He prepared me for my disability hearing and calmed my nerves. Everything happened exactly as he said it would. I honestly do not think that I would have been approved for disability without his help. Also, his office staff were always ready to…

2019 Google Review

May 28, 2019

Mr. Gantt took good care of me. I will be forever grateful for him getting me the social security payments I need for a disability due to military service. He seems like a genuine compassionate good man. I highly recommend! ~C.M.

2019 Google Review

May 10, 2019

David and his entire staff are so nice and show compassion to everybody. He was there when I had any questions. David Gantt is the best attorney in his field, he goes above and beyond. I am extremely grateful to him and his staff. ~M.H.

2019 Google Review

May 9, 2019

Very nice and friendly service. They always answered any of my questions. Had a great experience working with them on my disability case. I highly recommend there services! After trying for 6 years and 2 unfavorable decisions, David and his team did a great job representing my case and won. I appreciate there time and…

2019 Google Review

May 9, 2019

The whole office is very respectful. Answered all my questions. So Glad they were there cause I had no clue after fighting for 2 years. Thank you guys soo much. ~K.H.

2019 Google Review

May 9, 2019

I am very grateful to David Gantt & his staff! They were wonderful and made the confusing process much easier to understand. I wish I had contacted them sooner. They were super to work with and such nice people! Thank you so much! ~K.S.

Avvo Review 2019

May 7, 2019

Mr. Gantt is a highly compassionate and professional lawyer. He worked hard for me to show my disabilities. Always pleasant and supportive, while being very much on top of his cases. I recommend David Gantt to anyone. Great Attorney! 5 Stars. ~ Dakota

Google Review 2019

April 10, 2019

Wonderful client services..very friendly and willing to go the extra mile to help clients. highly recommend him for anyone needing assistance for the Disability SSI. ~T.D.

2019 Google Review

April 9, 2019

I am so grateful to Mr. Gantt & his staff. They have been so professional and knowledgeable. They’ve answered all of my questions and made a very stressful situation, bearable. I would not hesitate to recommend Mr. Gantt. He is knowledgeable, professional & caring. ~J.H.

Avvo Review 2019

April 8, 2019

Linda Calloway Mundy David Gantt is an outstanding Lawyer. I highly recommend him. He was beside me all the way and I would like to thank him. ~Linda 5 Stars

2019 Google Review

March 9, 2019

David Gantt and his staff are very professional, upfront, honest and nice. They made me feel at ease discussing my case. They helped me with every step of the way towards my disability approval. I would recommend them to anyone. They kept me updated on everything. Just wish I had contacted them sooner. ~D.P.S.

2019 Google Review

February 10, 2019

When I applied for Social Security Disability I saw no reason that I would need a lawyer since my case seemed clear. It wasn’t until the second rejection that I realized that I had no idea how the system worked. A couple of local lawyers I had contacted suggested that I talked to David Gantt…

2019 Google Review

February 10, 2019

This office is fantastic. The staff is helpful and friendly. He is honest with you about the pros and cons of your case. He works hard to get a positive result. ~S.G.