Who Qualifies for Social Security Disability Benefits?
Social Security disability benefits are intended for individuals who can no longer work on a consistent eight hours a day, five days a week basis due to a disability.
A disability refers to any condition, impairment, illness, or injury that is expected to last over 12 months or until death. A disability must have been diagnosed by a medical professional, such as, licensed physicians, psychologists, optometrists, podiatrists, pathologists, and several others.
A disability must also cause a person to have functional limitations that prevent them from working. Functional limitations include limits in a person’s ability to walk, stand, lift, carry, bend, push, pull, kneel, crouch, or crawl. Functional limitations may also include limits in a person’s cognitive abilities, such as their ability to concentrate, understand and retain information, maintain persistence and pace, interact with others, or adapt and manage one’s health and well-being.
A person may receive disability benefits by filing an application with the Social Security Administration (SSA). This application includes information about a person’s earnings, impairments, income, resources, medical sources, and other details. An initial application may take anywhere from 3-6 months to be processed. If an initial application is denied, a person may appeal by filing a reconsideration.
If you have a serious medical condition that keeps you from working on a consistent basis, our team of experienced Social Security disability attorneys in North Carolina can provide you with sound legal advice and trusted guidance in Burlington, Durham, Greensboro, Greenville, Charlotte, Asheville, Wilmington, Raleigh, Winston-Salem, Fayetteville and Jamestown. While the Social Security Administration often denies initial claims, you can trust us to gather the evidence to support your claim throughout the appeals process. Whether it takes six months or two years, we will remain steadfast throughout this often lengthy process and use all of our resources to help you receive any SSD benefits you deserve. Additionally, our team of case managers is happy to assist you and are available at any time during normal business hours.
There are two types of claims that a person may file to receive Social Security benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Both types of claims have certain requirements that must be met. Occasionally, even if a person is disabled, they may not qualify for benefits based on these additional restrictions. Our attorneys will be able to assist you in determining if you qualify.
To qualify for SSDI you must meet the following criteria:
- You have a physical or mental condition that prevents you from being able to work
- Your condition lasted/is expected to last for at least one year or result in death
- You are under the age of 65 (with exceptions)
- You worked at least 5 of the last 10 years as of the date you became disabled
The Social Security Disability process is notorious for being lengthy and complicated. Many people get denied multiple times before their cases gets approved. Many people are not approved until the hearing stage, which may take up to two years to be scheduled. Our attorneys are familiar with this process and know how to keep your disability claim on track so you don’t get lost in the shuffle.
“She answered all my questions and she was determined to get me the best settlement possible”- Cheryl P.
To receive Social Security Disability Insurance, an applicant generally must have both worked for a certain amount of time based on their age and earned a certain amount of money. They must also have been diagnosed with a disability by a medical professional. A person that qualifies for SSDI may also receive other benefits, such as veteran’s affairs benefits, pensions, and other benefits.
Additionally, they do not have a resource limit and may own multiple properties, vehicles, etc. They will also be eligible for Medicare.
Often, a complication that can occur with this type of claim is that a person’s work credits have expired and they have not filed for disability until several years later. In this case, a person must prove that they became disabled prior to those work credits expiring. Our attorneys are experienced at handling this complication and can advise you on how to continue your case.
At Lanier Law Group, P.A., we have helped hundreds of people successfully get their SSDI benefits. Additionally, in some cases, a person’s dependents may also qualify for benefits on that person’s record. Ask our attorneys more about dependent benefits.