THE SOCIAL SECURITY DISABILITY BLOG

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P: 828-252-2852

Contemporaneous Workers’ Compensation and Social Security Disability Benefit

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

Yes, you can draw workers’ comp and Social Security at the same time. There is an important limitation on that rule. The public policy for Social Security is that there is no way that the government wants you to get more money for not working than for working if you can work. So there is a limit. If you take what you get in workers’ comp, which is two-thirds of what you were making, and you put Social Security on top of that, you might get more than you got before you got hurt. Social Security does not want that to happen. So the Social Security Administration has put in 80% limit on how much you can get. If you are drawing two-thirds of your money, or 66%, in workers’ comp you just have a very little bit left to get to that 80%. So anything over 80% Social Security will take back and keep. So there is a limit. It’s a complicated area. There is a way to settle your workers’ comp case and get both 100% of your Social Security check and get a settlement workers’ comp.  I would recommend that you talk to a lawyer that is familiar with this area because it is a complicated area and you have to be extremely careful when you’re doing your settlements.

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FREQUENTLY ASKED SOCIAL SECURITY DISABILITY QUESTIONS

Q. Why won’t Social Security pay for my disability without an Administrative Law Judge (ALJ) Hearing?

A. A very small number of applicants are awarded benefits in North Carolina before the ALJ hearing. Social Security (SS) decisions and opinions prior to the ALJ hearing are generally made by people who have never seen or talked to you. Many SS doctors will give opinions on your physical condition without the benefit of an actual exam. It is extremely important for you to maintain a good relationship with your treating doctor and to fully explain the reasons you are applying for Social Security. If you are persistent and have evidence of your medical disability, you will get your disability benefits.

Q. What if I am getting Workers' Compensation benefits?

SS law requires that all other benefits you receive be accounted for. This accounting normally means that SS benefits are offset or reduced by the other benefits you receive. While Federal law requires you to report all payments you receive, the offset can often be lessened or eliminated with very careful planning and legal wording in your Workers' Compensation settlement. You should consult your lawyer for proper wording.

Q. What happens if I try to work when I am receiving Social Security benefits?

A. Social Security law requires that you report any income or benefits while you are receiving checks. You cannot work and be disabled at the same time. However, Social Security law permits you to make some efforts to work without jeopardizing your eligibility. If you fail to report any earnings made while trying to work, your Social Security check could be terminated. The law on making work attempts is complicated and changes on a regular basis. You should consult a qualified lawyer before deciding how you approach this issue.

Q. Why won’t SS pay for my disability without an ALJ Hearing?

A very small number of applicants are awarded benefits in North Carolina before the ALJ hearing. Social Security decisions and opinions prior to the ALJ hearing are generally made by people who have never seen or talked to you. Many SS doctors will give opinions on your physical condition without the benefit of an actual exam. It is extremely important for you to maintain a good relationship with your treating doctor and to fully explain the reasons you are applying for Social Security. If you are persistent and have evidence of your medical disability, you will get the benefits you are entitled to.

Q. Can I work for any period of time and still receive SS disability benefits?

A. Generally, No. You are required to report any earnings or substantial gainful activity to the SS office as a condition of receiving monthly disability checks. Congress has recognized the need for work incentives and has created several programs to encourage attempts to return to work without automatic loss of disability payments. You can review all SS programs under www.socialsecurity.gov/disabilityresearch for specific info.

Q. Once I am approved for SSD, will I be reviewed for continued disability?

A. Probably. You have an ongoing requirement to report any earned income while you draw SS disability checks. SS will not terminate your benefits unless your medical condition has improved. Most people who have their cases reviewed continue to get benefits. If Social Security proposes to end your benefits, you have the right to appeal their decision. If you appeal within ten (10) days of being notified of their decision, you can ask Social Security to continue your benefits while your appeal is pending.

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 ~

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.

Martindale Review 2019

January 21, 2019

5.0/5.0 in Social Security. David was very professional, pleasant and focused on me and my situation while I was in his office. He did not allow interruptions. His office staff was helpful and readily available when I had questions.

Martindale Review 2018

October 8, 2018

Recommended 5.0/5.0 in Social Security. I highly recommended David Gantt. He is a kind and generous person. He puts you at ease from the minute that you meat him. Very efficient and does what he says he’ll do. His staff is awesome too. Trust me… You can’t go wrong with David Gantt.