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THE SOCIAL SECURITY DISABILITY BLOG

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P: 828-252-2852

Qualifying for SSD and SSI Benefits

Qualifying for Social Security Disability Benefits

There are certain requirements you must meet to be eligible for Social Security disability benefits (also called Title II). Many factors will be considered, including the following:

  • Physical and/or mental problems that restrict you from working for 12 months or more
  • The inability to work at any reasonable job
  • Your age
  • Your education level
  • Your previous work experience

You pay into SSD benefits through your weekly paycheck. The benefits you are entitled to are based upon the 10 or more years you worked prior to becoming disabled. We work hard to ensure clients rightfully receive the benefits they have contributed to with their paychecks.

The disability claim process is confusing and frustrating. For over 30 years, David has worked hard to obtain favorable outcomes for disabled clients. As your lawyer, David will provide responsive legal services, taking time to listen to your concerns. This responsiveness coupled with his successes has many clients saying, “Thanks, David!” David has successfully handled thousands of types of Social Security Disability claims.

Qualifying for Supplemental Security Income

You may also qualify for Supplemental Security Income (SSI) in addition to your SSD benefits. The requirements for SSI (also known as Title XVI) are need-based. This means you may be eligible for SSI even if you have never worked.

Contact us for more information and a free consultation with an experienced SSDI attorney. We can help you understand SSDI claims, SSI benefits, and your rights and options for seeking the benefits you deserve.

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FREQUENTLY ASKED SOCIAL SECURITY DISABILITY QUESTIONS

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. Can I draw Workers’ Compensation weekly checks and Social Security checks at the same time?

A. Yes, but your Social Security check will be reduced or offset by the amount of your Workers’ Compensation check. Social Security law mandates an offset of disability checks when your combined income totals 80% of more of your pre injury earnings. Federal law requires that you report all income or benefits that you receive while receiving Social Security checks. The offset or reduction in Social Security benefits can be lessened or minimized by careful planning and legal wording in your Workers’ Compensation settlement. You should consult a qualified lawyer to help you maximize your payments from each source.

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...

Q. What happens in a SS disability hearing?

A. SS disability hearings are informal. The decisions are made by an Administrative Law Judge, most of whom live in Greenville, SC. The people likely to be present at the actual hearing are you, the Judge, a court reporter, and your lawyer. In some cases, the Administrative Law Judge has a medical doctor or vocational expert present to testify at the hearing. SS hearings do not have any jurors, spectators, or lawyers representing SS. Some hearings in Western NC are now conducted by closed circuit television by Judges who live all over the United States.

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.

Q. What is the difference between Social Security and SSI?

A. Both Social Security Disability (SSD) and Supplemental Security Income (SSI) are programs of the Social Security Administration. Both SSD and SSI require the same basic requirement for coverage- an inability to work at any job for a period of twelve (12) months or more. SSD benefits are based on the taxes you have paid into the system before you became disabled. SSI benefits are based on financial need.

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.