Both SS and SSI benefits have the same requirements for disability–the inability to work at a suitable job for a continuous period of twelve (12) months or more. SS benefits (also called Title II) are based on the amount of SS taxes you have paid in the system for the ten (10) year period before you became disabled. SS benefits are generally higher than SSI benefits. Dependents of SS recipients may also be entitled to benefits. You
should report any dependants to SSA even if they do not live with you.
SSI benefits (also called Title XVI) are based on a financial need. You may be eligible for SSI benefits even if you have never worked or paid SS taxes in your life. Generally SSA will sort out whether you are entitled to SS or SSI when you apply. In some cases, you may be eligible to receive both SS and SSI benefits.
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FREQUENTLY ASKED SOCIAL SECURITY DISABILITY QUESTIONS
Q. When can I expect a hearing on my claim?
Due to the large number of appeals in Social Security cases, it is often many months before each level of an appeal is decided. You are generally given several months notice prior to a hearing before an ALJ and you will be expected to attend that hearing unless you have an extraordinary reason why you cannot attend. The exact number of months between appeals
varies from time to time and there is little that can be done by you or your lawyer to speed up the process in light of the huge backlog of cases waiting for a hearing. Once a hearing is held, the ALJ should render a favorable or unfavorable decision within ninety (90) days of the hearing.
Q. How much will a lawyer cost me?
The ALJ must approve any fee charged by a lawyer. Lawyers will take Social Security cases on a contingency or percentage (%) basis. The standard percentage is twenty-five percent (25%) of any past-due benefits you might be entitled to. If your claim is rejected by the ALJ, you will not owe any money for attorney fees. Although if you lose, you are still obligated to pay
any "out of pocket" expenses such as costs to obtain medical reports, copies, long distance phone calls and other related calls. No fees will be charged on future benefit payments.
Q. How do I qualify for Social Security disability benefits?
A. You are eligible for Social Security disability benefits WHEN you have mental and/or physical problems severe enough to keep you from working for a period of twelve (12) months or more. You must be unable to work at any competitive job in the national economy, not just the one you had before your disability. Your age, education, past work
experience, and ability to perform other jobs are among the factors that the Social Security Administration will consider in deciding your disability.
Q. Should I try to work if I have applied for Social Security?
Yes. While you cannot be eligible for Social Security benefits while you are working full time, the law does permit you to make "work attempts" for periods of time without any penalty to you. However, you should report any work attempts and should be very candid with your lawyer and the ALJ about all the times you worked or tried to work.
Q. What is an Administrative Law Judge Social Security Hearing?
A. Social Security hearings are held by a judge called an Administrative Law Judge (ALJ). The hearings are relatively informal and have no District Attorney or U.S. Attorney present representing Social Security. Some ALJs will ask questions, some will let your lawyer ask all the questions. All you should do is tell the ALJ what is wrong with
you and why you are unable to return to work. The ALJ will hear all the evidence and make a decision based on your medical records and testimony heard at the hearing. Sometimes the ALJ will request a Vocational or Medical Expert to testify regarding hypothetical circumstances regarding your condition(s). Your lawyer should help you understand the issues, expected testimony and procedure.
Q. How much will I receive in SS disability every month?
A. The amount of monthly SS checks will depend on what type of program you are entitled to. If you are a SSI program recipient, the amount will be based on the financial need you have. If you are a SSD program recipient, the amount will be based on an analysis of the taxes you paid into the system before you became disabled. You can call the SS office
and receive an annual report detailing your account information, including an estimate of your monthly disability benefits.
SOCIAL SECURITY DISABILITY VIDEOS
Our Video Library is not closed-captioned. Instead of embedding our videos, we have created posts for them, where full transcripts of can be found.
Click on the links below to view the video and its transcript.
Social Security – Detail
Social Security Part 4
Social Security Part 3
Social Security Part 2
Social Security Part 1
Rules Regarding Social Security Disability and Your Employment
Resolution of Social Security Disability Cases: A Timeframe
Overview
Contemporaneous Workers’ Compensation and
Social Security Disability Benefit
Social Security Disability and Your Employment
Appealing the Denial of Your Social Security Disability Claim
Work History Requirements for Social Security Disability
Drug and Alcohol Dependency and Social Security Disability
Child Eligibility for Social Security Benefits
and Social Security Insurance
The Administrative Law Judge’s Role in the Social Security Appellate Hearing
David Gantt describes his History in Helping People with Workers’ Compensation and Social Security Disability Cases
~ What Our Clients Say ~
Google Review 2020
April 8, 2020
My first time meeting Mr.Gantt, he was very open and honest about what it takes to get my SSDI. He was optimistic about my case. He walked me through what he needed on my part. I was very happy with the results of my hearing. I am very pleased with Mr.Gantt and definitely recommend his…
Yelp Review 2019
December 19, 2019
David Gantt
and his staff were excellent very informative, kept me updated on every move and with this dedication I was able to win my Social Security hearing. Highly Recommend.
November 2019 AVVO Review
November 27, 2019
Amazing! When my husband was injured, we didn’t know who to turn to. I started googling to find a attorney, I called Mr. Gantt, I couldn’t be more thankful! The nightmare was over as Mr. Gantt and his amazing team handled everything from that very moment! Not only was professional but extremely caring, taking
time…
November 2019 AVVO Review
November 27, 2019
David Gantt and his staff handled my disability claim and they were excellent. I highly recommend him, he is the best in Western North Carolina. Mrs. Kelly Reaves 5.0 stars November 5, 2019
October 2019 Martindale Hubble Review
October 29, 2019
David is clear, precise, and delivers as promises.
2019 Google Review
August 7, 2019
The entire staff were welcoming, knowledgeable, helpful, and nice people! David was professional. He knew exactly what he was talking about and did what he said he was going to do. I have had a wonderful experience with this firm and will not hesitate to use them in the future.
2019 AVVO Review “Get ‘er done Gantt!”
July 10, 2019
I was very satisfied with David Gantt’s expertise and knowledge in all aspects handling my case. He dealt with all the paperwork and contacted all necessary providers to get my medical history – it was extremely hassle free! He communicated and counseled me on what to expect – being very forthcoming
(he’s a straight shooter)!…
2019 Facebook review
June 5, 2019
I highly recommend Mr. Gantt. He is very kind and always professional. He prepared me for my disability hearing and calmed my nerves. Everything happened exactly as he said it would. I honestly do not think that I would have been approved for disability without his help. Also, his office staff were always ready to…
2019 Google Review
May 28, 2019
Mr. Gantt took good care of me. I will be forever grateful for him getting me the social security payments I need for a disability due to military service. He seems like a genuine compassionate good man. I highly recommend! ~C.M.
2019 Google Review
May 10, 2019
David and his entire staff are so nice and show compassion to everybody. He was there when I had any questions. David Gantt is the best attorney in his field, he goes above and beyond. I am extremely grateful to him and his staff. ~M.H.
2019 Google Review
May 9, 2019
Very nice and friendly service. They always answered any of my questions. Had a great experience working with them on my disability case. I highly recommend there services! After trying for 6 years and 2 unfavorable decisions, David and his team did a great job representing my case and won. I appreciate there time and…
2019 Google Review
May 9, 2019
The whole office is very respectful. Answered all my questions. So Glad they were there cause I had no clue after fighting for 2 years. Thank you guys soo much. ~K.H.
2019 Google Review
May 9, 2019
I am very grateful to David Gantt & his staff! They were wonderful and made the confusing process much easier to understand. I wish I had contacted them sooner. They were super to work with and such nice people! Thank you so much! ~K.S.
Avvo Review 2019
May 7, 2019
Mr. Gantt is a highly compassionate and professional lawyer. He worked hard for me to show my disabilities. Always pleasant and supportive, while being very much on top of his cases. I recommend David Gantt to anyone. Great Attorney! 5 Stars. ~ Dakota
Google Review 2019
April 10, 2019
Wonderful client services..very friendly and willing to go the extra mile to help clients. highly recommend him for anyone needing assistance for the Disability SSI. ~T.D.
2019 Google Review
April 9, 2019
I am so grateful to Mr. Gantt & his staff. They have been so professional and knowledgeable. They’ve answered all of my questions and made a very stressful situation, bearable. I would not hesitate to recommend Mr. Gantt. He is knowledgeable, professional & caring. ~J.H.
Avvo Review 2019
April 8, 2019
Linda Calloway Mundy David Gantt is an outstanding Lawyer. I highly recommend him. He was beside me all the way and I would like to thank him. ~Linda 5 Stars
2019 Google Review
March 9, 2019
David Gantt and his staff are very professional, upfront, honest and nice. They made me feel at ease discussing my case. They helped me with every step of the way towards my disability approval. I would recommend them to anyone. They kept me updated on everything. Just wish I had contacted
them sooner. ~D.P.S.
2019 Google Review
February 10, 2019
When I applied for Social Security Disability I saw no reason that I would need a lawyer since my case seemed clear. It wasn’t until the second rejection that I realized that I had no idea how the system worked. A couple of local lawyers I had contacted suggested that I talked to David
Gantt…
2019 Google Review
February 10, 2019
This office is fantastic. The staff is helpful and friendly. He is honest with you about the pros and cons of your case. He works hard to get a positive result. ~S.G.
