THE SOCIAL SECURITY DISABILITY BLOG

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P: 828-252-2852

Q. What is an Administrative Law Judge Social Security Hearing?

A. Social Security hearings are held by a judge called an Administrative Law Judge (ALJ). The hearings are relatively informal and have no District Attorney or U.S. Attorney present representing Social Security. Some ALJs will ask questions, some will let your lawyer ask all the questions. All you should do is tell the ALJ what is wrong with you and why you are unable to return to work. The ALJ will hear all the evidence and make a decision based on your medical records and testimony heard at the hearing. Sometimes the ALJ will request a Vocational or Medical Expert to testify regarding hypothetical circumstances regarding your condition(s). Your lawyer should help you understand the issues, expected testimony and procedure.

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FREQUENTLY ASKED SOCIAL SECURITY DISABILITY QUESTIONS

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. 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. How much will I receive in SS disability every month?

A. The amount of monthly SS checks will depend on what type of program you are entitled to. If you are a SSI program recipient, the amount will be based on the financial need you have. If you are a SSD program recipient, the amount will be based on an analysis of the taxes you paid into the system before you became disabled. You can call the SS office and receive an annual report detailing your account information, including an estimate of your monthly disability benefits.

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. What type of disability is required before I qualify?

You may be eligible for Social Security (SS) if you have mental and/or physical problems severe enough to keep you from working for a period of twelve (12) months or more at a regular paying job you are qualified to do. You must be unable to work at any reasonable job, not just the one you had before your disability. The inability to return to your present job, your age, education and work experience are all factors that SSA will consider.

Q. Why does it take so long to get my SS disability application approved?

A. Huge numbers of applications, changes in the disability program, a lack of adequate resources have combined to slow down the appeals process. Most applications are rejected twice before getting to a decision maker that will actually interview and listen to the claimant. In 2004, the Commissioner of SS made aggressive moves to speed up the process by electronic filing, closed circuit television hearings, and other changes. Don’t lose hope because of long delays. If you are disabled for twelve (12) months or more, you will eventually be found to be eligible for SS disability benefits.

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 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.