North Carolina Lawyers Blog

Social Security Disability is a benefit provided to disabled workers through the Social Security Administration. For purposes of Social Security Disability benefits, a very specific definition of “disabled” is used. To qualify, a person must be unable to perform “substantial gainful activity” because of a physical or mental impairment that is expected to last a minimum of 12 months or will result in death within a year.

The Social Security Administration determines whether the definition has been satisfied by comparing your impairment to the criteria laid out in the listing book. This book describes numerous physical and mental impairments and sets forth a threshold level of severity for each impairment. The applicant’s condition must meet or exceed this threshold in order to satisfy the Administration’s definition of disabled.

It is important to note that the inability to perform your current job doesn’t qualify a person as disabled. The determination is based on whether or not you could perform any job that currently exists in the national economy. In addition to your health, your age, training, skills and work experience factor into this decision.

There is no minimum age you must reach before you can receive Social Security Disability. Rather, in order to qualify for Social Security Disability, you must have worked recently and for a long enough period of time. This determination is based on a system of credits. A certain amount of money earned equals one credit, and you can earn up to a maximum of four credits per year. The number of credits you must have in order to receive Social Security Disability depends on both your age and when you became disabled. In general, however, you need a total of forty credits, twenty of which you have earned in the last ten years.

Around 75% of all Social Security Disability claims are initially rejected. If your claim is rejected, you can appeal the decision. There are three separate levels of appeals. An initial rejection by the Social Security Administration can be appealed by requesting a hearing before an administrative law judge. If your application is rejected at the hearing, you can then request that the decision be reviewed by the Appeals Council. Should the review result in a rejection, the last step is to file a lawsuit in the federal court system.

Applying for and receiving Social Security Disability benefits is a lengthy process, sometimes lasting for years. For those who are seeking benefits, the most important thing is to remain patient and not give up. An attorney can help guide you through the legal maze and take advantage of opportunities to expedite the application and appeals processes.

Contact Younce & Vtipil for more information about how we can help you rightfully claim the benefits you deserve.