THE SOCIAL SECURITY DISABILITY BLOG

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P: 828-252-2852

The Disability Claims Process

The Social Security disability claim process can take up to three years. Our North Carolina law firm has over 30 years of experience representing disabled clients during this oftentimes frustrating and complex process. Attorney David Gantt is an Asheville based North Carolina Social Security Disability Claims attorney. He provides clients with responsive legal services as he pursues the SSD benefits they are entitled to.

At the David Gantt Law Office in Asheville, North Carolina, we understand you may be facing financial hardship as a result of the slow application and appeals process. Our law firm offers efficient services, doing everything we can to make the Social Security claim process less stressful for you and your family. We urge you to contact us as soon as your initial claim is denied. We offer free consultations and contingent attorneys’ fees.

We understand the financial concerns you have as the result of no longer being able to perform the work you used to do. We represent clients who become injured or disabled through a variety of circumstances. We help clients who have been injured in all types of accidents or incidents, including car accidents, work accidents, and other occurrences.

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 the 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.

We understand the financial concerns you have as the result of no longer being able to perform the work you used to do. We represent clients who become injured or disabled through a variety of circumstances. We help clients who have been injured in all types of accidents or incidents, including car accidents, work accidents, and other occurrences.

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P: 828-252-2852

CONTACT DAVID NOW

FREQUENTLY ASKED SOCIAL SECURITY DISABILITY QUESTIONS

Q. What witnesses or evidence will I need at the hearing?

Since most of the issues for hearing involve medical questions, medical reports from your treating doctors are critical. Doctors are not asked to attend SS hearings. ALJs will not decide the claim based on the number of witnesses. You should consult with your lawyer about the witnesses you need as well as the questions you will be asked.

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. 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.

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. 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. What type of physical ailments are considered disabling under SS law?

A. SS law reviews the overall impact of your cumulative ailments in deciding whether you are disabled or not. A review of your age, education, past work experience, and vocational possibilities will all be considered in deciding your disability. The key to the question is whether your overall physical and/or mental health makes it difficult for you to hold down regular work in the national job market. SS considers medical, vocational, and personal factors in making the decision.

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.