THE SOCIAL SECURITY DISABILITY BLOG

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P: 828-252-2852

Drug and Alcohol Dependency and Social Security Disability


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 benefit matters. Contact David Gantt at 828-252-2852 to schedule a consultation about your unique circumstance.

TRANSCRIPT OF VIDEO

Social Security generally does not approve folks who use drugs and alcohol. If that is the reason you’re disabled, you will likely be turned don. However, if you would be disabled even if you didn’t use drugs and alcohol the law indicates that she should receive disability. So the key is to, first of all, try to get off drugs or alcohol. That’s the most important thing you can do.  And then if your disability continues you have a pretty easy case. If you can’t get off [drugs or alcohol], there is a technical way that you could get social security disability but most judges will not approve people that are actively using drugs or have actively have a drinking problem that contributes to your situation. Technically the law says that you can still draw if you would be disabled anyway, but again some judges have a rather narrow view of that rule and a narrow interpretation. So, I wouldn’t count on that. I always recommend people – my clients – to go to drug rehab for alcohol treatment if that’s an issue for you.

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P: 828-252-2852

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FREQUENTLY ASKED SOCIAL SECURITY DISABILITY QUESTIONS

Q. How long do I have to wait to file SS disability benefits?

A. No waiting period at all. You can file for SS disability the day you become disabled. SS law requires that your disabling condition either result in death or last for a period of twelve (12) months or more. Since the appeals process generally takes a few years, you should apply for disability as soon as you believe you are disabled.

Q. Am I eligible for SS disability if my ailment is not permanent?

A. Yes. SS law requires only that the disabling condition (1) result in death OR (2) exist for a period of twelve (12) months or more. No part of SS requires the disabling condition to be permanent. While many disabling ailments are permanent, the law does not require any duration longer than twelve (12) months.

Q. How do lawyers get paid for handling SS disability cases?

A. Most attorneys charge a contingent fee which is the lesser of $5300 or 25% percent of your back benefits. A contingent fee means that if your claim is denied, no attorneys fees are owed. The Administrative Law Judge must review and approve employment agreements before any legal fees can be charged. Most lawyers will advance the expenses of a claim with the understanding that these costs will be recovered when the claim is approved.

Q. Are children eligible for Social Security?

A. Yes. Children may be eligible for several different types of Social Security programs. While most people consider “regular” Social Security as the program based on taxes paid while working, several other programs exist to aid qualified children who meet other requirements such as financial need, disabled or deceased parent. Even adult children (over the age of 18) may qualify for benefits under some circumstances. Staff at the Social Security Administration local office are very cooperative and helpful in reviewing what programs a child with special needs might be eligible for. If the child’s application is filed and denied by Social Security, the family should consult with a qualified lawyer to help present evidence and testimony to support the claim.

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. Can I be disabled under SS guidelines if the only problems I have are psychological in nature?

A. Yes. SS law requires a consideration of mental as well as physical factors in deciding disability. The key to establishing disability is the proof that the disability condition continue at least twelve (12) months or more. Mental ailments that have or are expected to last more than twelve (12) months qualify for disability if the condition is supported by mental health professionals. Disability does not have to be permanent for mental or physical conditions.

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.