Thursday, August 11, 2022

How To Get Disability In Nc

Don't Miss

How To Apply For Ssi In North Carolina

How Long Does It Take to Get Disability Benefits? | Riddle & Brantley – NC Disability Lawyer

One way to apply for SSI in NC is to call your;local Social Security Office and set up an appointment to file an initial claim. This is the method that most of my clients use.

The Social Security Administration also has an online application for SSI but you must meet certain criteria to file online. You are eligible to a SSI application online if you:

Are between the ages of 18 and 65;

Have never been married;

Arent blind;

Are a U.S. citizen residing in one of the fifty states, District of Columbia, or the Northern Mariana Islands;

Havent applied for or received SSI benefits in the past; and

Are applying for Social Security Disability Insurance at the same time as your SSI claim.

To apply look here .

The SSI application process involves disclosing financial information to ensure that you are eligible for SSI.;To be eligible for SSI a person must not have more than $2,000 in countable resources. A married couple must not have more than $3,000 in countable resources. Countable resources include cash, bank accounts, land, life insurance, personal property, vehicles and deemed resources.

Luckily, there are exceptions that do not count as resources to SSA: the home you live in, one vehicle, personal items in your home, insurance policies up to $1500 and burial plots, etc.

How Do You Apply For Disability Benefits

There are three ways to apply for Social Security benefits:

Before you apply, make sure you have the names and addresses of all doctors and clinics you’ve visited over the last five years. Applying for benefits involves much more than filling out the disability application. Your first step should be making sure that you have sufficient medical records for Social Security to make a decision on your claim. If you’ve been seeing a doctor regularly, have a conversation with your doctor about your limitations , and whether the doctor thinks they rule out full-time work for you. If your doctor agrees, it’s time to apply for disability benefits.

If you haven’t been seeing a doctor, it’s time to start. As mentioned above, you need to have medical records that support your claim, including your diagnoses, your limitations, your test results, and your treatment plans. Once you’ve had several doctors’ appointments, ask if your doctor thinks your limitations are disabling and about your long-term prospects for work. Only then should you apply for disability.

Frequently Asked Questions For Our North Carolina Social Security Disability Lawyers

Obtaining Social Security Disability benefits can be challenging. You may struggle with providing complete information when you initially apply or know how to appeal if your claim is denied. You may quickly find yourself becoming intimidated, confused and frustrated. The attorneys of Hardison & Cochran want to help you get through this process. First, please read through our list of Frequently Asked Questions. They should help you to understand how the SSD benefits process works. Next, give us a call. We can look at the specific facts of your case and help you to get your claim on the right track. We serve clients throughout Raleigh and North Carolina who are seeking disability benefits. Just call us today or submit our;online form;to set up a free consultation.

Also Check: How Much Does A Person Get On Disability

Can I Qualify For Social Security Disability Benefits If I Have Other Sources Of Benefits

It depends, and it varies depending on whether the Social Security disability benefits are from the SSDI program or the SSI program.

You can receive SSDI benefits while also receiving benefits from other sources, like a pension or workers’ compensation as mentioned above. SSDI benefit payments, however, stop upon the age of retirement, at which point you will start to get your Social Security retirement checks in the same amount as the disability benefits. As such, you will not receive SSDI benefits at the same time you receive Social Security checks.

With regard to SSI benefits, things like pensions are counted as part of your income. To qualify for SSI benefits, your income and assets are restricted. If the pension provides enough income to exceed the maximum income allowed, then you cannot receive benefits from both sources. The same is true for other retirement accounts.

Special Rules For People Who Are Blind Or Have Low Vision

How long does it take to get on Social Security Disability ...

We consider you to be legally blind under Social Security rules if your vision cannot be corrected to better than 20/200 in your better eye or if your visual field is 20 degrees or less, even with a corrective lens. Many people who meet the legal definition of blindness still have some sight and may be able to read large print and get around without a cane or a guide dog.

If you do not meet the legal definition of blindness, you may still qualify for disability benefits if your vision problems alone or combined with other health problems prevent you from working.

There are a number of special rules for people who are blind that recognize the severe impact of blindness on a person’s ability to work. For example, the monthly earnings limit for people who are blind is generally higher than the limit that applies to non-blind disabled workers.

In 2021, the monthly earnings limit is $2,190.

Also Check: Do You Need A Lawyer For Social Security Disability

You Undergo Continuing Disability Review

The frequency of your CDRs depends on the severity of your disability.

  • If medical improvement is expected CDR 6-18 months from the start of your benefits
  • If improvement is possible CDR every 3 years
  • If no improvement is expected CDR every 5 to 7 years.Your benefits will continue unless you are determined to be no longer disabled.

Applying For Disability Benefits

This page provides an overview of disability forms and documents to help members and employers understand the process and what information is needed to apply for disability benefits.

Members of the Teachers and State Employees’ Retirement System or are ORP members may either;apply for;disability with the Disability Income Plan of North Carolina , or opt for disability retirement. If members of the Local Governmental Employees’, Consolidate Judicial and Legislative Retirement Systems begin receiving a disability benefit, they are considered retired.

Recommended Reading: Is Social Security Disability Back Pay Taxable

I Receive Sociality Security Disability Benefits Is My Child Also Eligible

If you are receiving SSDI benefits, then any child of yours under age 18 or any child attending high school and under age 22 may be entitled to a benefit equal to half of your disability benefit amount.

The child may be your biological child, your adopted child or your stepchild. A dependent grandchild also may qualify.

Your child also may be entitled to be paid benefits as a survivor if one of the parents is deceased.

Disability Hearings In North Carolina

How long does it take to get on Social Security Disability in Raleigh Cary Durham

Administrative law judges hold hearings at the hearing office located nearest to your local Social Security field office. The hearing offices are called Offices of Hearings Operations ; these offices were formerly known as Offices of Disability Adjudication and Review, or ODAR. Contact information for North Carolina’s four OHO offices is below. Sometimes a hearing is held by videoconference; however, you can ask that the hearing be held in person.

It takes a long time to get a hearing date in North Carolina: In 2018/2019, it has been taking, on average, 18 months from the time the request for hearing was filed to the date the case was decided by an ALJ. In 2018/2019, DDS offices awarded disability benefits in only 29% of the initial applications they looked at, which is lower then the national average. But North Carolina ALJs awarded disability benefits in 61% of the cases they heard, above the national average. Of those approvals, 88% were fully favorable, and 12% were partially favorable. Here are the state and national approval rates at each stage:

Stage of Application

18 months

Don’t Miss: Can Child Support Be Taken Out Of Social Security Disability

North Carolinas Single Decision

Known as the Single Decision-Maker model, North Carolina allows their Disability Determinations offices to use only the disability examiner to make a medical assessment about an individuals physical ability to perform work. This model only can be used when evaluating an applicants physical conditions because federal law requires a psychologist or psychiatrist to be involved in the decision process for mental disabilities. This model was utilized to help speed up the application process and improve overall efficiency.

During an appeals hearing, an Administrative Law Judge cant consider the opinion of the disability examiner who completed the SDM when making his or her decision. If an applicant believes an ALJ wrongfully considered the disability examiners opinion during the hearing and was later denied, he or she can take that evidence to an appeal before the Appeals Council.

Can You Switch From Ssi Benefits To Ssd

It may seem unlikely that someone who has been disabled and unable to work for a living all or most of their life could start receiving Social Security Disability, which is an insurance program based on years of gainful employment. But in certain cases, an SSI recipient can find work and, over several years, earn an SSD benefit. Many other SSI recipients eventually qualify for SSDs Disabled Adult Child benefit.

The DAC benefit is available if you were disabled before the age of 22 and if one of your parents who paid into the Social Security program long enough retires, becomes disabled or dies. If the parent retires or becomes disabled, their child on SSI can receive 50 percent of their Social Security benefit. If the parent dies, the child gets 75 percent of the parents Social Security.

On one hand, if the additional SSD payment is more than the SSI benefit, the SSI benefit would likely end. But the upshot of receiving SSD is eligibility for Medicare after two years. If the beneficiary is single or married to another person who is also receiving DAC benefits, they do not lose Medicaid.

Read Also: Can You Get Disability For Generalized Anxiety Disorder

How Do I Apply For Dip

The application process for DIP-NC benefits is done through the University Benefits Office. If you believe you qualify for benefits and will be out of work due to an extended illness, schedule a meeting with the University Leave Administrator as quickly as possible. Spouses and/or significant others are welcome to attend.

Applying For Disability In North Carolina

Homeschooling Special Needs Children

How to apply and qualify for SSD, SSI in North CarolinaDisability ApplicationSSI disability awardFiling a disability claimApplying for disability benefitsThe information Social Security uses to decide the claimfiling for disabilityWho makes the decision on the disability claim?Social Security Medical ExamsThere are two ways of being approved for disabilityapproved on the basis of a listingnot approvedfive step sequential evaluation processSGAmedical qualifications for disability

  • Disability application denial rate: 75.5 percent.
  • Disability application approval rate: 24.5 percent.
  • What happens after you file a disability claim?
  • Request for ReconsiderationRequesting a reconsideration appeal

  • Reconsideration appeal denial rate: 90.7 percent.
  • Reconsideration appeal approval rate: 9.3 percent.
  • Recommended Reading: How To Collect Disability In Nj

    Do You Qualify For Ssd

    The evaluation process follows strict criteria to determine an applicants eligibility. For example, the type of disability must be included in the Social Security Administrations List of Impairments.;

    Types of disability in the SSAs Listing of Impairments include:;

    • Musculoskeletal disorders: spine disorders, amputation, major fractures, osteoarthritis, etc.
    • Special senses and speech disorders: blindness, hearing loss, or loss of speech due to any cause
    • Respiratory disorders: chronic bronchitis, cystic fibrosis, lung transplantation, etc.
    • Cardiovascular disorders: chronic heart failure, recurrent arrhythmias, heart transplant, etc.
    • Digestive disorders: gastrointestinal hemorrhage, liver dysfunction, inflammatory bowel disease , etc.
    • Genitourinary system disorders: kidney disease, kidney transplant, etc.
    • Skin disorders: Ichthyosis, dermatitis, burns, etc.
    • Neurological disorders: epilepsy, parkinsonian syndrome, multiple sclerosis , amyotrophic lateral sclerosis , traumatic brain injury , etc.
    • Mental disorders: There are currently 11 categories of mental disorders. for a complete list.
    • Cancer: lymphoma, leukemia, breast cancer, prostate cancer, etc.
    • Immune system disorders: lupus, systemic sclerosis , inflammatory arthritis, etc.

    Disability evaluation is a complex process that involves multiple agencies, medical professionals, and sometimes an administrative law judge should a claim determination be disputed.

    What We Mean By Disability

    The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.

    We consider you disabled under Social Security rules if all of the following are true:

    • You cannot do work that you did before because of your medical condition.
    • You cannot adjust to other work because of your medical condition.
    • 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.

    Don’t Miss: What Happens After You Are Approved For Disability

    Social Security Death Benefits

    Social Security is intended to protect working parents and families. If a parent dies, their children may be entitled to receive;benefits.

    Unmarried children may collect;benefits after a parents death if they are:

    • Younger than 18
    • Between the ages of 18 and 19, but are enrolled as full-time students at a secondary school
    • Ages 18 and older, but have serious disabilities that;occurred before they were 22

    Information About Family Members

    “How Do I Get Social Security Disability?” – Ask a North Carolina Lawyer
    • Social Security numbers and proof of age for each family member who may qualify for benefits; and
    • Proof of marriage, if your spouse is applying for benefits, as well as dates of prior marriages, if applicable.

    If you don’t have all the documents you need, don’t delay filing for benefits. We will help you get the information you need.

    You May Like: How Much Do You Get For Disability

    What Happens If The Adult Child Gets Married

    If he or she receives benefits as a disabled “adult child,” the benefits generally end if he or she gets married. However, some marriages are considered protected.

    The rules vary depending on the situation. Contact a Social Security representative at 1-800-772-1213 to find out if the benefits can continue.

    1-800-772-1213

    To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.

    What Should You Not Tell A Disability Doctor

    The last thing you want to do during a Disability medical exam is exaggerate your condition. Dont say you have pain everywhere or try and make your condition look worse than it really is. The doctor and staff will observe you arriving at the office, entering the exam room, and getting on and off the table.

    Recommended Reading: Can You Work On Disability In Texas

    What Medical Conditions Qualify For Social Security Disability In North Carolina

    What medical conditions qualify for Social Security disability in North Carolina? The answer is, many medical conditions qualify for Social Security disability benefits, but you must be able to meet certain medical requirements. As an applicant, you are required to provide the Social Security Administration with medical evidence from acceptable sources that show that you are impaired and the degree of impairment.

    The SSA maintains a list of conditions that it considers disabling and that potentially qualify applicants for disability benefits.;This listing of impairments, which includes both physical and mental conditions, is detailed in the Social Securitys Blue Book. There are 14 broad categories of impairments, each with specific medical requirements that an applicant must meet for each condition in order to be determined disabled.

    More than 10 million people receive Social Security disability benefits each year. For the SSA to consider you disabled, your condition must be permanent or expected to result in death, and it must severely or totally impede your capacity to work. Of all impairments, the following five are the most common types for which people are awarded benefits.

  • Musculoskeletal and connective tissue conditions, e.g., back, hip, knee and shoulder impairments
  • Mental conditions
  • Circulatory system conditions, e.g., heart failure and heart transplants.
  • Cancers, including breast cancer, lymphoma, leukemia and lung cancer.
  • How Eligible Employees Qualify For North Carolinas Ncflex Disability Insurance Plan Benefits In 2021

    How to get workers compensation disability payments for ...

    NCFlex provides both short-term and long-term North Carolina disability benefits to all eligible employees. This NCFlex coverage isnt mandatory, so be sure to enroll as soon as youre eligible! Important: The NCFlex plan does not cover any employees working in the University of North Carolina system. If health problems force you to stop working, you must apply for disability through your DIP-NC plan instead.

    For everyone else, heres what you need to know:

    • Only full-time, active employees of a state agency, select community college or charter school can enroll in NCFlexs disability plan. You must work at least 30 hours per week to count as a full-time employee under the NCFlex plans rules.
    • Short-term disability benefits through the NCFlex plan begin once your mandatory 14-day waiting period passes. NCFlexs short-term North Carolina disability benefits last until the 60th day after you stop working.
    • You can receive up to $150/day, or up to $750/week in short-term disability benefits. NCFlex pays STD benefits each week. If you also receive workers comp or Social Security benefits, they wont reduce your STD payment amount.
    • The NCFlex plans long-term North Carolina disability payments start on day 61. If your condition makes you permanently unable to work again, LTD payments can last until your full retirement age .
    • LTD payments equal 66 2/3% of your monthly paycheck amount while working. The maximum amount you can receive in monthly LTD payments is $12,500 per month.

    Recommended Reading: Can You Get An Advance On Va Disability

    More articles

    Popular Articles