Social Security Disability Lawyer Serving NC & SC | Disability Attorney

Under 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 that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months.

A medically determinable impairment is a mental or physical impairment that is verifiable by diagnostic testing or other medically accepted clinical and laboratory diagnostic techniques. In addition, your disability must be considered severe, such that you are unable to engage in substantial gainful activity and prevent or limit you from engaging in basic work-related activities, such as moving, sitting, or thinking. Finally, your condition must have lasted for at least one year or be expected to last for at least one year.

Substantial gainful activity refers to the level of work activity and amount of earnings of an individual. To qualify for SSDI benefits, an applicant must be unable to engage in substantial gainful activity due to his or her medical impairment. Generally, the Social Security Administration considers those who are earning more than a certain amount per month to be engaging in substantial gainful activity. This amount typically increases each year. For 2021, the income limit for non-blind individuals is $1,310 per month (net of disability-related work expenses), and for statutorily blind individuals the limit is $2,190 (net of disability-related work expenses).

Yes, for a certain period of time and according to guidelines set out by the Social Security Administration (SSA). If you receive SSDI benefits and return to work, you must notify the SSA. You may be eligible for a work incentive program, such as the Trial Work Program, which allows you to work for nine months within a five-year period to test whether you can work, while still receiving full benefits. In the Trial Work Program, once you have worked for nine months within a five-year period engaging in substantial gainful activity, your SSDI benefits will stop. There may be other work incentive programs available to you, which you can discuss with an attorney.

In general, yes. If the combined amount of your SSDI benefit payments, workers' compensation, and public disability benefits exceeds 80 percent of your average earnings before you became disabled, your SSDI benefits will be reduced. This only includes public disability benefits under federal, state, or local government laws, such as civil service disability benefits, temporary disability benefits, and retirement benefits based on disability. Disability payments from private sources, like private pension or insurance, will not affect your SSDI benefits.

Supplemental Security Income (SSI) is for workers who have become disabled and have a very low income. Eligibility requirements for SSI are similar to Social Security Disability (SSD). The main difference is that you must submit documentation of your low income instead of your employment history. Also, the federal government funds SSI, while deductions from employee paychecks fund disability insurance.

To receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you must first fill out an application. You can complete the application on SSA's website. To strengthen your claim and increase your chances of your claim being approved, we recommend speaking with a qualified Social Security disability lawyer at Grimes Teich Anderson.

Initial claims to receive Social Security disability benefits are often denied. Just because your claim has been denied does not mean that you do not have a valid case. Get the help you need from one of our experienced Social Security disability attorneys at Grimes Teich Anderson. Working with an experienced Social Security disability law firm can increase your chances of obtaining these benefits. Grimes Teich Anderson wants you to get the benefits that you deserve.