NC & VA Social Security Disability Qualifications
Do I Qualify for Social Security Disability Benefits?
Filing for Social Security Disability can seem a daunting task, but with an experienced Social Security Disability Lawyer, you can get the necessary help in attaining the funds you are entitled. If you qualify for Social Security Disability, it is important to understand exactly what it is in order to obtain the full amount of coverage you deserve.
1. What Constitutes a Disability?
According to the Social Security Act, a disability is defined as “the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of no less than 12 months.”
Furthermore, possible recipients are reviewed for the opportunity to receive benefits that fall under short-term disability insurance, long-term disability insurance and Worker’s Compensation law.
2. Who Qualifies for Social Security Disability Benefits?
Disability Insurance Benefits are allotted to persons who are disabled but who have worked in the past few years, which are generally five out of the past 10 years.
Disabled Widow’s / Widower’s Benefits are allotted to persons 50 years old or more, who have become disabled following the loss of their spouse. The particular spouse who has passed away must have labored and attained a minimum amount of Social Security benefits.
Disabled Adult Child Benefits are allotted to a child who has suffered the loss of a guardian or the loss of a person receiving Social Security Disability or retirement benefits. The child must also have been disabled before the age of 22.
Supplemental Security Income (SSI) Benefits are allotted to persons with limited financial resources and who are disabled. In this case, a work history is not mandatory to receive potential funds.
SSI for Minors Benefits are allotted to disabled minors, defined as persons under the age of 18 and whose parents have limited financial resources .
3. How Does One Apply for Social Security Disability Benefits?
Where To Apply Online: http://www.ssa.gov/applyfordisability/
If you have questions, make certain to call an experienced disability lawyer when filing for a disability claim or appealing a rejection of benefits claim.
4. If You Are Not of Low-Income or Have Assets, Are You Still Eligible to Be Given Disability Benefits?
Assets and resources are not of much importance when it comes to disability benefits, however earned and unearned income limits will be considered.
In the case of Supplemental Security Income, the evaluation process in light of assets and resources is much different. To be considered a potential recipient of Social Security Income disability benefits, the sum of a claimant’s assets or resources may not exceed $2,000. If indeed a claimant exceeds this amount in assets and resources, they will generally not be eligible to receive benefits.
If, however, you are applying for Disabled Widower’s Benefits or Disabled Adult Child Benefits, money is not taken into consideration for review. You are free to make the claim as soon as possible to obtain your entitlements.
Those applying for SSI benefits, who have not worked in the past, are not permitted to apply online. Applicants may apply by other means:
-By telephone: Social Security Administration: 1-800-772-1213 or for the hearing impaired 1-800-325-0778 (TTY).
-In person: The Charlotte office is located at:
Social Security Administration
5800 Executive Center Drive Suite 300
Charlotte, NC 28212
Office hours are from 9:00 am – 4:00 pm
There are also over 50 Social Security Administration offices located outside the Charlotte area in North and South Carolina. Find an office closest to you online.
5. How Long Must I Be Disabled Before Applying for Social Security Disability Benefits?
If you are suffering from a severe illness or injury lasting or will last over a year, now is the time to file a claim for Social Security Disability benefits. You are permitted to apply for disability benefits immediately after an injury or becoming disabled, but it must be a serious impairment.
6. If I Am Already Receiving Workers’ Compensation, Can I Apply for Social Security Disability Benefits as Well?
If you have been injured while working and are currently receiving Workers’ Compensation, you may be eligible for Social Security Disability benefits in addition. In order to avoid any time period without any benefits during the time of injury, a person may file for Social Security Disability benefits immediately after the injury.
These benefits will be scheduled to begin once Workers’ Compensation has terminated and the claimant is still unable to return to work.