Here is a simplified explanation of what you need to know in North Carolina if you’re thinking of applying for Social Security Disability benefits. If you believe you are not receiving the Social Security Disability benefits you are entitled to, call us at 1-866-900-7078 today for a free case evaluation.
SSDI Is Insurance for Disabled Workers
Social Security Disability Insurance is just what its name implies. Insurance.
When you work, a portion of each paycheck goes into a federal insurance fund (FICA, which stands for Federal Insurance Contributions Act). This is a fund for SSDI. Like health or car insurance, you hope you never have to use your SSDI. But if you’ve paid into it (which you are required to do if you receive a paycheck), you will generally be covered for benefits if you become disabled and the Social Security Administration determines that you cannot work.
What if I Have a Spotty Work History?
What if you were working but stopped temporarily to raise your children through elementary school? Or what if you were laid off and subsequently unable to find a suitable job for several years? What if you’ve been out of work due to a work injury?
Whether you may be eligible for SSDI depends largely on the date you last worked.
The government considers this very important date as the last date you would potentially be eligible for SSDI. To determine whether you may be eligible, you must pass a “recent work” test. This test has only one question:
Have you worked five of the past ten years (or, in government jargon, 20 of the last 40 quarters)?
If you become disabled after your “date last insured” (DLI) has passed, you cannot get SSDI benefits. It would be similar to getting in a car accident after you stopped paying for car insurance.
Here is an example of DLI:
You worked until five years ago today. Your DLI would generally be today’s date. If you worked up until two years ago, your DLI would generally be three years from now. If you haven’t worked for six years, your DLI likely passed one year ago, and you are generally no longer eligible for SSDI unless you are found disabled before your DLI.
It’s confusing for those who don’t work in it every day, so do not hesitate to contact an experienced attorney for help.
Don’t Assume Anything, and Don’t Give Up
We have seen instances in which someone assumed they were not eligible for SSDI, but it wasn’t true. And we’ve seen people deemed ineligible who should have been approved.
In one case, upon closer inspection and review of their work and payment history, we discovered that a client’s employer failed to pay the employer and employee taxes. They sought to correct the error (subject to IRS provisions regarding the ability to amend tax returns or file late).
While this doesn’t happen often, it serves as a testament to how we have been able to help people uncover benefits they did not know were available to them.1
You may be told that you are not eligible for SSDI benefits. Don’t give up. A Social Security Disability attorney can review your case at no cost or obligation.
What if You Do Not Qualify for SSDI?
If you do not qualify for SSDI, you may be eligible for Supplemental Security Income or SSI benefits, provided you meet the income and asset requirements threshold. SSI is for people who have never worked or haven’t worked enough to qualify for SSDI. You can only get SSI if your income and assets are extremely low.
For 2024, the federal benefit rate is $943 per month for individuals and $1,415 for couples (and this is subject to reductions). Some states supplement the federal amount, but North Carolina is not one of them.
Do You Think You’re Eligible But Concerned About the Cost of a Social Security Disability Lawyer?
Many people believe that hiring a Social Security Disability lawyer is too expensive. After all, you don’t have the money to pay a lawyer while struggling to make ends meet. But I’m very happy to say that there’s no need to worry about cost.
We work on something called a contingency fee, and there are two important things to understand. First, you don’t have to pay anything upfront. If we win your case, we get paid our attorney’s fee. You don’t pay an attorney’s fee if we don’t win your case. Guaranteed.2
Second, there is a cap on contingency fees. As of November 2024, the cap on fees is 25% of back-due benefits or $9,200, whichever is less.
If we don’t win your claim and you receive no benefits, we receive no attorney’s fee. On the other hand, if we recover, for example, $20,000 in back-due benefits for you, our fee is capped at $5,000 (25% of the back-due amount). If we were to win you $200,000, our fee would still be capped at $9,200.2
Get a FREE Case Evaluation From a North Carolina Social Security Disability Lawyer
We know applying for Social Security Disability can be a confusing and lengthy process. Seeking a favorable “disposition” or decision can take up to three years in North Carolina.
Many of our clients began their claims “pro se,” meaning they were representing themselves without the aid of an attorney before eventually calling us. You don’t need to wait that long.
And several people on our Social Security Disability team have worked inside the Social Security Administration (SSA). Our experience with the SSA, its policies, and the judges and people who work there can significantly increase your odds of receiving a favorable decision. We know where to look for potential benefits you may not be aware of. We know the rules, the processes, how to fight denials, and we can even take your case to court if needed.
Offload the burden of your case to us while you focus on your health and family. If you are considering applying for Social Security Disability, or you’ve been denied and you plan to re-apply, contact us online as soon as possible or call 1-866-900-7078 for a free case evaluation with no obligation.
