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THE SOCIAL SECURITY DISABILITY BLOG

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P: 828-252-2852

When will my Social Security Disability benefits become effective?

When your application for Social Security Disability (SSD) benefits is approved, your entitlement to receive disability payments will begin as of the fifth full month that the Social Security Administration (SSA) determines that your disability began. You are not entitled to receive disability benefits during this five (5) month waiting period. For example, if the SSA determines that you became disabled on May 15, then you would be eligible to receive SSD payments five (5) months later in the month of October. Since Social Security payments are paid the following month in which they are due, you would not receive your first actual payment until November.

In most cases, a claimant’s initial applications for disability benefits are denied. Appeals and final positive rulings can take up to three (3) years from the date you first applied. Since the disability process can take so long, many claimants are entitled to receive retroactive or back SSD payments. These retroactive or back payments may be paid back to any onset date prior to the favorable decision. Regardless of the onset date when you are found to be disabled the maximum back pay possible is twelve (12) months before the date you applied. Since retroactive or back payments are still subject to the five (5) month waiting period, your actual back pay potential is seven (7) months behind the date of your initial application. SSD retroactive or back payments are paid in lump sum minus any attorney fee if you have a lawyer. Federal law does not allow for interest to be paid on back disability benefit payments.

Supplemental Security Income (SSI) is a federal program that grants payments to disabled individuals who also have severe financial need. If you submit a SSI-only disability application, you are not entitled to any back pay prior to the date you actually filed your claim. Any SSI back pay you might receive is made in payments, not in a lump sum like SSD.

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FREQUENTLY ASKED SOCIAL SECURITY DISABILITY QUESTIONS

Q. How long will it take to start receiving Social Security Disability payments?

The period of time it takes for you to start receiving your Social Security Disability payments will depend on whether your initial application for benefits is approved or denied. After you file your initial application for Social Security Disability, it usually takes three (3) to (5) months for the Disability Determination Services to make a decision regarding your claim. In some situations, Disability Determination Services may need more information regarding your medical condition in order to process your claim and the agency may refer to you, at its expense, to a doctor or psychologist for further examination or testing. In recent years, it has become increasingly difficult for people to be approved for disability benefits. According to the Social Security Administration’s statistics, seven (7) out...

Q. Should I apply for Social Security when I am receiving Workers’ Compensation benefits?

A. Generally, yes. Social Security law requires that you be disabled for a period of twelve (12) months or more. You become eligible for Workers’ Compensation weekly checks when you miss more than one (1) week of work. If you believe that you might miss more than twelve (12) months of work, you should apply for Social Security. Since you may be forced to wait over one (1) year to receive Social Security benefits, you should apply for these benefits unless you are positive you will return to work within the twelve (12) month period. The interaction between Workers’ Compensation and Social Security benefits is very complicated. You should consult a qualified lawyer to make sure you coordinate the receipt of these benefits.

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. 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 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.

Q. Can I draw Social Security if I have never worked full time?

A. Yes. If you are unable to work at any job for a period of twelve (12) months or more AND have financial need, you may be eligible for Supplemental Security Income (SSI). SSI is a special program of the Social Security Administration that provides benefits to individuals who have not worked on a full time basis. Even if you have worked in the past, you might be eligible for SSI. You should consult a qualified lawyer to understand the types of Social Security programs for which you may be eligible.

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.