Social Security Disability in North Carolina

Social security disability law is a very interesting and complex area of law… It is so complex that some people feel more comfortable hiring a lawyer to guide them through the process.  One of the reasons for this is because when you want to file a claim you must deal with the federal government and dealing with them can get frustrating (i.e. dealing with the IRS, Post Office… and the dreaded DMV!).

Social Security Disability benefits are handled by the Social Security Administration.  This is a federal agency that is governed by the Social Security Act and Regulations.  You can visit their site on disability here at http://www.ssa.gov/disability/.

Social Security Disability benefits were put into place to help people and families when they are unable to work because of a physical
or mental condition that will last for at least one year or cause death.  The amount of your monthly disability benefit is based on your lifetime average earnings covered by Social Security.  Check this link for the Social Security Disability calculator to see how much you might expect if you win http://www.ssa.gov/planners/benefitcalculators.htm.

What does it mean to be disabled according to the Social Security Administration?  Here is their definition…

“Disability” under Social Security is based on your inability to work. We consider you disabled under Social Security rules if:

  • You cannot do work that you did before;
  • We decide that you cannot adjust to other work because of your medical condition(s); and
  • Your disability has lasted or is expected to last for at least one year or to result in death.

This is a strict definition of disability.

Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers’ compensation, insurance, savings and investments.

When working with an attorney or filing for benefits on your own it is important to remember a few things…

  1. Make sure you have a basic understanding of what you need to apply and the process… do your homework or call an attorney to assist you (visit the link provided above for info from the SSA).
  2. No benefits are payable for partial disability or short term disability.
  3. Social Security pays for only total disability.
  4. It is important to file a claim as soon as you become disabled.
  5. If your claim is denied then appeal it!
  6. If you have any questions call The Gurney Law Firm at (919) 930-4027.