Practice Areas

• Workers' Compensation
• Personal Injury
• Social Security Disability

Library

Social Security Disability

• Five Social Security Disability Tips
• What on Earth is a Workers' Compensation Offset?
• What People Applying For Disability Need To Know

view all

Testimonials

"From the initial interview until the check came I was treated like family. I have and will continue to recommend you to friends and family."

"I was impressed with your firm from the beginning... Although I'm sure you are totally busy with cases I always felt as though mine were the only one you were handling. All my calls were promptly returned and I really appreciate that."

"You were right up front about what the workers' compensation adjuster would try to do. I did not know anything about workers' compensation laws. I think your firm did an amazing job for me and my family."

"You were abale to spot the problems immediately and fix them."

"There's no way I could have gotten the same results without your help."

"Your office a very, very profesional office. You have always treated me with great respect, honesty, and integrity."

"You absolutely are the experts in Workers' Compensation law. You never made me feel foolish."

"You know every aspect of workers' comp and used that to my benefit."

"You were very knowledgeable and treated me with utmost respect."

"I never had another worry after hiring you."

more

What People Applying For Disability Need To Know

Approximately two and a half million people apply for Social Security disability every year. This number is expected to increase as our population ages and the rate of unemployment increases. Workers become more susceptible to chronic illness or injury as they get older. Workers that have spent entire careers with one company sometimes face difficult decisions as their factories or plants close shop and move out of state. Some of these workers are being asked to start a new career - often with significant health limitations. More than seven million people across the country receive social security disability benefits because they were able to show the Social Security Administration that they could not work on a full time basis nor could they earn enough money to support themselves. The process to be approved for disability can be daunting as the Administration tasked with handling the applications is understaffed and overworked. Each claim can consist of hundreds of documents and require the time and resources of the claimant, Social Security staff, physicians, medical experts, and independent Administrative Law Judges.
The process of applying for and receiving Social Security benefits is no faster in North Carolina than in other parts of the country. Local offices make the initial decision in all of these claims (statistics show that the overwhelming number of claimants are denied at the first stages of the process). When a claimant is denied locally three main offices decide most of the appeals in North Carolina. The average waiting times at the Charlotte, Greensboro, and Raleigh hearings offices can vary from eighteen to twenty-four months. This should not be surprising as the nine Administrative Law Judges in Greensboro alone faced a backlog of over ten thousand cases. Families suffer tremendously as workers wait for their claims to be processed. It is not uncommon for claimants to become homeless, file for bankruptcy, or even pass away as they wait for the medical benefits they are entitled to once their claim is approved.
The system is not fair. The government is quick to collect the FICA taxes that they hold in case you become disabled or reach retirement age. The Social Security Administration sends out individualized pamphlets that show workers what they would receive if they became disabled. This pamphlet makes it seem simple enough. However, the Administration moves much slower in assessing your severe medical conditions, your consistent work history, and the medical opinions of your physicians when deciding if you qualify for disability benefits. The FICA taxes taken from your paycheck never reach your bank account, but your timely and reasonable request for help during your medical crisis is placed on a stack of papers on some bureaucrat’s desk.
To make matters worse, the Social Security Administration actually expects claimants to continue treatment with their physicians (preferably expensive specialists) as their claim continues. This is fine for claimants with health insurance, but for those without health insurance, medical treatment often takes a back seat to feeding their families and paying for a roof over their heads. It is estimated that one out of four claimants who apply for disability have no health coverage. The long process not only breaks the family budget, it can take years off lives, as claimants choose to go without necessary medical treatment and medications.
The Social Security Administration has taken a few steps to make the process easier. Their website is helpful and it provides the answers to many common questions (please note that you will not learn why the process takes so long). There is an 800 number, but if you call it you will be placed on hold or wait to speak with a worker for a half hour. If you decide to visit your local office, you may wait all day to speak with a representative. What a waste of time if you need another document or need to have another form signed.
Despite the discouraging process described above, we encourage anyone who believes they have become unable to work due to a severe mental or physical impairment to apply for Social Security Disability benefits. No one should let the government’s deny and delay tactics prevent them from receiving the benefits that their FICA payments entitled them to receive. You will likely need the following information:
1) Your social security number and the numbers of your spouse and dependents.
2) Names and addresses of your treating physicians and other healthcare professionals who have participated in the treatment of the impairments that keep you from working.
3) An original copy of your birth certificate or other document that proves your age.
4) A list of your employers and the time periods you worked for each company.
5) It also helps to have your most recent tax return, especially if you were self-employed.
Congratulations if your application is successful and you are approved for disability benefits. If you are denied, and as mentioned earlier most people are, we are committed to helping those claimants navigate the process. Our client can focus on what is important - family, health, and finances - rather than becoming frustrated with the hoops that Social Security asks claimants to jump through.