THE SOCIAL SECURITY DISABILITY BLOG

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P: 828-252-2852

Work History Requirements for 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 benefits matters. Contact David Gantt at 828-252-2852 to schedule a consultation about your unique circumstance.

TRANSCRIPT OF VIDEO

You can draw Social Security whether you’ve worked at all.  There are two types of programs. There is one that is based on the taxes you paid in during the 10 years before you become disabled. There’s another one that’s based on financial need.  You don’t have to work at all to draw the one on financial need if you qualify for the overall disability benefit. I would recommend that you see a lawyer that’s familiar with this area to help you guide you into what programs you might be eligible for.

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P: 828-252-2852

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FREQUENTLY ASKED SOCIAL SECURITY DISABILITY QUESTIONS

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 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 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 a child disabled since birth get SS disability benefits even if he has never worked?

A. Yes. If the child is under age eighteen (18) and you are poor enough, he may be able to qualify for SSI child's disability benefits. If the child is over age eighteen (18), he may be able to qualify for SSI disability benefits without regard to your income. If you or your spouse get some kind of Social Security benefit or if your spouse is deceased, your son may be eligible for disabled adult child benefits.

Q. How much will a lawyer cost me?

The ALJ must approve any fee charged by a lawyer. Lawyers will take Social Security cases on a contingency or percentage (%) basis. The standard percentage is twenty-five percent (25%) of any past-due benefits you might be entitled to. If your claim is rejected by the ALJ, you will not owe any money for attorney fees. Although if you lose, you are still obligated to pay any "out of pocket" expenses such as costs to obtain medical reports, copies, long distance phone calls and other related calls. No fees will be charged on future benefit payments.

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.

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.