Please Call One of Our board-certified Workers' compensation Specialists For a Free Consultation (833) 444-4257

Cardinal Law Partners.

Please Call One of Our board-certified Workers' compensation Specialists For a Free Consultation (833) 444-4257

  • By: Cardinal Law Partners
Social Security Disability Benefits law in North Carolina

In this article, you will discover:

  • How long do SSDI benefits last after approval
  • Whether SSDI recipients are eligible for Medicare benefits
  • Whether you can work while receiving SSDI benefits

Myth #1: Most People Get Denied SSDI Benefits Their First Time Applying

That is not a myth. Thousands of people apply country-wide, and less than half are approved the first time. If you plan on applying for disability, don’t let that initial denial get to you.

People who are often approved early on are older. They have severe conditions such as cancer. In most cases, the oldest and most unskilled workers are approved initially.

Myth #2: SSDI Benefits Last Forever Once Approved

That is a myth. Social disability benefits rarely, if ever, last forever. The Social Security Administration (SSA) routinely reviews social security cases. Suppose you’re in your early 50s, scheduled for back surgery or approved for disability based on being out for over a year and having many problems. The SSA will want to know if that back surgery is something you’ll recover from and whether your functioning will improve to the point where you can work again.

The SSA will often schedule annual medical reviews for four years, during which you’re contacted and asked to provide your most recent medical history. Then, they’ll review why you received disability previously and whether there is evidence of significant medical improvement. If there is an improvement, they might schedule you for a hearing or take other steps to suggest you’re not entitled to benefits anymore.

Myth #3: SSDI Recipients Are Automatically Eligible For Medicare

That is not a myth. People approved for Social Security disability are entitled to Medicare 30 months after their approval date. There’s a five to six-month waiting period. Then, you must wait two years while you receive disability benefits. After those two years, you will be eligible for Medicare.

There are some situations where you don’t have to wait two years. For example, if you contract Lou Gehrig’s disease (or ALS) you don’t have to wait. And if you have kidney problems, the SSA doesn’t want you to wait two years if you need dialysis.

Myth #4: Mental Health Conditions Rarely Get Approved For SSDI Benefits

This contention is a myth in the sense that many people with significant physical illnesses or orthopedic conditions will often have a component of depression or anxiety attached to those disabilities. Many people have at least one mental health issue by the time they get in front of a judge, which can be 18 months to two years after they apply for disability.

It’s not uncommon for people to be awarded disability purely on a mental health condition, such as schizophrenia. Suppose you are hospitalized due to a mental health condition and have other impairments that make it difficult for you to deal with the public. In that case, those conditions will sometimes allow you to be approved for disability.

However, mild impairment from depression or anxiety by itself is not enough to get approved for disability. The kind of mental impairments or limitations that the Social Security Administration looks for are those that result in hospitalization, significant medication regimens and almost constant counseling and supervision. Without meeting those criteria, it’s unlikely someone will be approved for disability.

Myth #5: You Cannot Work While Receiving SSDI Benefits

That is a myth. The law requires somebody to be unable to work for an entire year. However, there is an opportunity for people approved for disability, after being out an entire year, to work, receive some money, and still maintain their rights to Social Security disability benefits.

The Social Security Administration looks at work that amounts to “substantial gainful activity.” Every year, the amount of money is defined. If you are approved for disability, receive benefits, go back to work, and your monthly income is less than the substantial gainful activity, that is not held against you. You are not making enough to raise the red flag for the Social Security Administration.

As long as you’re under that threshold for reasons related to your disability, you could continue to have Social Security disability without worrying that you’re going to lose all your benefits in Medicare.

Notes From The Field: The Biggest Misconceptions About Social Security Disability Benefits

A major misconception is that your approval depends on whether you meet uniform legal definitions of disability. In reality, it’s almost as if the judge reviewing your case makes a separate analysis that includes whether or not you “deserve approval”.

Unfortunately, your case will be weighed by a judge who probably has never done the hard, laborious work you’ve done. They may also have had much better educational opportunities than you’ve had.

For those reasons, there may be some judgment on their part, and you need to prepare for that. You need to make your case recognizing the judge’s potential predisposition as a reality of the process.

Still Have Questions? Ready To Get Started?

For more information on misconceptions regarding SSD benefits in NC, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (833) 444-4257 today.

Skip to content