Who Can Qualify for Social Security Disability in North Carolina?

April 7, 2012, by Michael A. DeMayo

If you’re a North Carolinian who is confused about Social Security Disability insurance benefits, this post will hopeful clarify key concepts for you.

In order to qualify for these benefits, you must prove to the government that you are disabled due to a mental or physical health problem. The definition of “disabled enough” has been left pretty ambiguous by lawmakers. You must show that you are incapable of conducting “substantial gainful activity” due to your physical/mental health issue.

You also need to have paid enough into the system. If you haven’t earned enough “work credits,” you may be deemed ineligible for benefits. This can be a problem for freelancers, entrepreneurs, stay at home moms, and young injured people.

There is a silver lining. The amount of money that you earned in the past – or your current asset portfolio – does not come into play. You can be relatively well off and still access substantial Social Security Disability benefits in North Carolina. With other government programs, such as Supplemental Security Income or worker’s comp, your assets and/or income can come into play and determine (and, in some cases, restrict) your benefits.

How do you prove that you are unable to work?

According to 2010 rules, if you can make over a thousand dollars a month (the number is slightly higher for blind people – $1,640), then you are out of luck. You need to be so disabled that you cannot even earn $1,000 a month. In addition, you need to show that your time off of work will last at least 12 months or will end with your death. It is not enough, in other words, merely to show that you have a dire diagnosis. You need to show that the diagnosis radically impacts your ability to earn.

Social Security Disability officials want to see proof that your mental and/or physical limitations will seriously restrain your ability to make money. Note that you don’t have to show that you’re totally incapacitated. For instance, maybe you’re very fatigued, due to fibromyalgia and spinal problems. But you can still work 5 to 10 hours a week. Assuming that those 5 to 10 hours a week only add up to about $900 of income a month – and you can prove this – you should still easily qualify for SSDI benefits.

Of course, the rules get complicated, and the system is often inflexible, surprising and unfair. It can help you tremendously to connect with a North Carolina Social Security Disability law firm to discuss what you might be able to do to improve your odds.

More Web Resources:

Substantial Gainful Activity

Who qualifies for social security disability benefits?

 
 

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