Social Security Disability Basics

 Navigating the complexities of Social Security Disability Insurance (SSDI) can be challenging. This guide aims to clarify key aspects of SSDI, including eligibility criteria, the application process, and the distinction between SSDI and Supplemental Security Income (SSI).

Understanding Social Security Disability Insurance (SSDI)

SSDI is a federal program that provides financial assistance to individuals who are unable to work due to a qualifying disability. To be eligible, applicants must have accumulated sufficient work credits through prior employment and meet the Social Security Administration’s (SSA) definition of disability.

Eligibility Criteria for SSDI

To qualify for SSDI benefits, you must:

• Work Credits: Have earned enough work credits, which are accumulated based on your total yearly wages or self-employment income. The number of credits needed varies depending on your age at the time of disability.

• Definition of Disability: Have a medical condition that meets the SSA’s strict definition of disability, meaning the condition is expected to last at least one year or result in death and prevents you from performing substantial gainful activity.

The Application Process

Applying for SSDI involves several steps:

1. Gather Necessary Information: Collect personal details, medical records, employment history, and other relevant documents.

2. Submit Your Application: You can apply online, by phone, or in person at your local Social Security office.

3. Await a Decision: The SSA will review your application, which may take several months. They may request additional information or schedule a consultative examination to assess your condition.

4. Appeal if Necessary: If your application is denied, you have the right to appeal the decision. The appeals process includes reconsideration, a hearing before an administrative law judge, a review by the Appeals Council, and, if necessary, a federal court review.

SSDI vs. Supplemental Security Income (SSI)

While both SSDI and SSI provide financial assistance to individuals with disabilities, they differ in key ways:

• SSDI: Based on your work history and the Social Security taxes you’ve paid. It’s available to individuals who have earned sufficient work credits and have a qualifying disability.

• SSI: A needs-based program that provides financial assistance to individuals with limited income and resources, regardless of their work history. SSI is funded by general tax revenues and is designed to help aged, blind, and disabled individuals who have little or no income.

Common Reasons for SSDI Denial

Understanding why SSDI applications are often denied can help you prepare a stronger case:

• Insufficient Medical Evidence: Failing to provide comprehensive medical documentation that substantiates the severity and duration of your disability.

• Lack of Recent Work History: Not having enough recent work credits can disqualify you from SSDI benefits.

• Earnings Above Substantial Gainful Activity (SGA) Level: Earning more than the SSA’s defined SGA limit can result in denial, as it indicates the ability to engage in gainful employment.

Tips for a Successful Application

To improve your chances of approval:

• Maintain Detailed Medical Records: Keep thorough records of all medical treatments, diagnoses, and healthcare provider information.

• Adhere to Treatment Plans: Follow prescribed treatments and attend all medical appointments to demonstrate your commitment to managing your condition.

• Consult with a Disability Attorney: An experienced attorney can guide you through the application process, help gather necessary documentation, and represent you during appeals if needed.

By understanding the SSDI program and carefully preparing your application, you can navigate the process more effectively and increase your chances of receiving the benefits you need.

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Why You Need a North Carolina Medical Malpractice Attorney for Your Case

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing injury or harm to a patient. Common examples include surgical errors, misdiagnosis, delayed diagnosis, medication mistakes, and birth injuries.

Why You Need an Attorney

Navigating a medical malpractice lawsuit in North Carolina involves strict legal requirements, including:

• Filing within the statute of limitations (typically three years).
• Working with expert witnesses to establish negligence. North Carolina law requires an expert to testify as to a breach of the "standard of care" to even file a medical malpractice lawsuit. 

An experienced attorney can guide you through these steps, ensuring your rights are protected and maximizing your compensation.

What to Know About Filing a Surgical Error Lawsuit in North Carolina

Surgical errors are among the most serious forms of medical malpractice. Patients trust their surgeons to perform procedures with precision and care, but mistakes can happen, leading to severe injuries or even death. In North Carolina, victims of surgical malpractice have the legal right to seek compensation.

Common Surgical Errors

• Operating on the wrong site.
• Leaving surgical instruments inside the patient.
• Administering improper anesthesia.
• Post-surgical infections due to negligence.

Proving a Surgical Error Case

To succeed in a surgical error lawsuit, you must prove:

1. A doctor-patient relationship existed.
2. The surgeon breached the standard of care.
3. The breach caused your injury.
4. You suffered damages as a result.

Compensation You May Be Entitled To

• Medical expenses (past and future).
• Lost wages and earning capacity.
• Pain and suffering.
• Emotional distress.

How will the presidential election affect Social Security disability cases?

 

Lawyers must be willing to call out other lawyers when the lawyers screw up.

 

Lawyers Who Treat Their Clients Transactionally Demean Their Clients

 If there is one common trait I see in successful lawyers, it is that they care about their clients. That concern is what drives the lawyer, energizes the lawyer, and makes the lawyer the advocate all clients deserve. In my case, I am talking about normal people. Individual people who are hurt and don’t know where to turn. They need someone on their side, and sometimes they’ve never had someone on their side.

The relationship between the lawyer and the client transcends that of privileged communications, and, I believe, is a sacred trust. You are doing all you can to stand up for your client and fight back.

 And it is a battle—especially in the litigation context. This is why lawyers must care and see their clients as people—not as business transactions.

If there is something people want. Sometime that they crave. It is authenticity. That’s why it is vital for lawyers not to reduce what they can do to slogans that sling around weighty concepts such as “justice,” “equity,” and “fight.” Not unless you plan to be fully invested in your client’s case.

 How do you become fully invested in a client’s case?

 I believe it starts with meeting with the client. Taking notes. Preferably paper notes. And you must review them, think about the case, and view the case as a grand narrative that you refine over time.

 You strive to know your client. Trying to understand. As Atticus Finch said, “climb in their skin and walk around.” You cannot do that if you treat your client transactionally.  

 Lawyers who fail to do these things are just used car salesmen, in my opinion, and they are no different than any other sales profession.

 Why take this approach?

 Because clients are worth it. We wouldn’t be lawyers without them. They deserve more. They deserve better. And they need someone who is going to do their best, fight hard, and even sometimes lose. Listen to what Gerry Spence says. But you must do your best. You cannot do that if you don’t care. If you treat your clients transactionally, then you don’t care. And you shouldn’t be an advocate. You aren’t really an advocate.

 You should find another profession.

 I hope you will check me out on TikTok. Find me here.

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Avoid lawyers who "run the numbers"

 

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Can Lawyers Substantively Connect With Potential Clients Through Social Media?

I believe the answer to that question is yes. In my experience it’s been that way. Social media provides an inexpensive, highly visible way to provide useful information with value to people. Notice how I didn’t say get clients as that is not the objective. The objectives are to 1) provide useful information, 2) show who you are, and 3) help someone in a meaningful way. And you don’t have to interact with someone directly to do that. You can provide value just by discussing what you know. It’s really that easy—and that difficult.

 Social media applications come and go, but it is safe to say that the following are the mainstays of social media: 1) Facebook (part of Meta now), 2) Instagram (owned by Meta), 3) TikTok, and 4) Twitter (now X).

 Maybe it is my age, but I want substance. I don’t want lawyers yelling at me (on television, or on gawdy billboards where some male lawyers change hair colors like underwear, or in popup windows that follow my cursor around the screen) about “justice for you,” “I’ll get you justice,” and “I believe in justice.” My initial thought usually is STFU you cheap, ambulance chaser. And of course you believe in justice. Do you really need to say it?

It may sound harsh, I know, but I am a lawyer. It’s my job to critique my own profession and do my best to improve it. Those are cheap slogans when stated that way, and a lawyer cannot promise those things. I’m sorry, but a few hundred dollars in a class action lawsuit isn’t justice. Far from it. But that’s just one example. Neither is a quick, lowball settlement where the lawyer folds like a cheap suit because he or she is afraid to fight back.

 While you cannot promise justice, you can promise to fight hard for your clients and do the best you can. But for people you may never meet or who may never become your clients, you can provide them useful information.

This is called “awareness marketing,” I believe it’s the most important kind. And what is it based on? Providing value.

 Isn’t social media just a waste of time for lawyers and just another thing to keep up with? And it yields no tangible results?

 As most any lawyer will tell you regarding an answer, “it depends.” What kind of work are you putting into it? Do you post consistently on your chosen platform regularly? Is your message consistent? What practice areas are you focusing on?

 All these questions must be contemplated and answered before you post. But don’t overthink it. Practice it. Be yourself. All that stuff everyone tells you all the time. It matters.

 Consistency is the most important part of it. By that I mean the routine of it. You do it over and over. Eventually you start to build up a large body of substantive content. If you discuss what you know and what you believe in, it will provide information that helps people. Believe me. I’ve seen it. I get several messages each week in Facebook, Twitter, Instagram, and TikTok asking questions, thanking me for my content, and making suggestions.

 All of this sounds great, but can you give me specifics?

 While I cannot divulge client information, I can say I have gotten two major litigation cases in the last two years (one very recently). After twenty years as a lawyer, I do not see cases as a “case of a lifetime” because that diminishes other cases. I believe all cases are big cases. Every case is someone’s “case of a lifetime.” But these have the potential to be very large settlements. We shall see as the law is fickle.

 Let me get more specific: On TikTok alone I have brought in since March over 20 SSI/SSDI cases, 1 huge litigation case, and leads on several other potential cases. This is from videos that are maybe 2-3 minutes recorded at my desk, in my car, in a random room somewhere all done on-the-fly and unscripted. Now, I’m a talker. I’ve done dozens of TV interviews over the years, so that helps. And I have done this for so long that I can speak clearly and succinctly on my primary topics: PI/WC, the nature of the legal profession, SSI/SSDI, medical malpractice, litigation in general, and various political issues.

 Can I just speak my mind?

 Yes, I think you can. In fact, that’s preferable. You must remember that most people see lawyers as canned, rehearsed, and boring. I say exactly what I want, and I make no bones about my beliefs. It works for me because (I think) people know I care. Although I have various viewpoints and beliefs, they know I care about my clients first and foremost as people. And I have as my goal helping them. Quite frankly, it’s a privilege to use my education, experience, and life advantages to help people.

 Lawyers are interesting people contrary to what many people think. Social media can showcase that and make the lawyer more “likable,” which, if done for long enough consistently enough, will bring in clients—the kind of clients who you want, who want you, and who need you.

 

 

 

Lawyers should feel free to speak their minds