North Carolina Disability Attorneys Giving You the Representation You Need to Collect Social Security Disability Benefits

While it isn’t something we like to think about, disability is something that can happen to anyone. According to the CDC, as of 2024, about 29% of Americans are currently living with a disability. In North Carolina, a person entering the workforce at age 20 has a 25% chance of becoming disabled over the course of their career. 

Though many people think of Social Security as something that only exists to benefit retired people, it also provides support for the disabled. Social Security Disability benefits (SSD) were established to assist people of any age who were born or became disabled. Many people are unaware of this. Even disabled people who are aware of SSD don’t know how to go about collecting it, or how the amount varies based on the severity of their disability.

What Does Social Security Consider a Disability?

The Social Security Administration (SSA) has a strict definition of what is considered a disability. 

In order for a person to qualify, they must be totally and permanently disabled. What constitutes a total and permanent disability is determined on a case-by-case basis according to a set of criteria. Those criteria are:

• You are Unable to Perform a Job You Were Able to Perform Prior to the Disability
• There are No Accommodations that Can be Made to Help You Continue Performing Your Job
• You Have Been Disabled for at Least a Year or are Expected to be Disabled for More Than One Year

If you do not meet all three of these criteria, the SSA does not consider you disabled. Because this is such a strict definition, many people with disabilities will find themselves struggling to obtain benefits. This is especially true for people who are not suffering from a “severe” disability. 

The SSA considers severe disabilities to be those that limit a person’s physical or mental ability to perform basic work tasks on a regular basis. If accommodations can be made so you can still perform some kind of work, SSA will not consider you disabled. 

For example, say you work at a movie theater as an usher and are in a car accident that severely injures your legs. You can no longer stand or go up and down stairs to clean. However, the theater could still put you in the box office selling tickets or selling concessions. In this scenario, you would not be considered severely disabled.

How Does Social Security Decide What is a Severe Disability in North Carolina?

The SSA has a five-step process for determining the severity of disability. This is called the Sequential Evaluation Process. At each step, the SSA takes different questions into consideration. Someone must “pass” all five steps to be considered severely disabled. 

Depending on the answers, you may not “pass” onto the next question and the SSA will decide you are not severely disabled. 

The Five Steps of the Sequential Evaluation Process are:

• Substantial Gainful Activity 
• Severity of Impact
• Meeting or Equaling a Listing
• Past Relevant Work
• Other Types of Work

In Step One, the SSA will evaluate if you are working a job that earns a livable wage, and if any accommodations are required for you to perform this job. In Step Two, the SSA will evaluate whether your disability prevents you from working full time. You do not necessarily have to be so disabled that you cannot work at all; someone can have a severe disability and still be able to perform some work, but not enough to make a livable wage. 

If you are not working a job that provides you a livable wage or  no accommodations can be made at your job, and if you cannot work enough to earn a livable wage, the SSA moves on to Step Three. In this step, the SSA will compare your disability to their list of disabilities. They will be evaluating whether you fit into any existing category of disability they consider to be severe. If you do, you are considered to have “met or equaled a listing.”

If you pass Step Three, Step Four will evaluate what kind of work you were able to perform prior to your disability, if any. It will also evaluate how much your disability limits you from performing a job. This is called your Residual Functional Capacity (RFC). Your RFC is the most amount of work you are able to perform with your disability.

Step Five evaluates if you are still able to perform other types of work based on your RFC. This is the last step to pass and for many people the most frustrating. If the SSA determines you can perform any type of work that could earn you a living wage, even with your disability, it may not be qualified as “severe.” If this happens, you can be denied any SSD benefits.

What Should I Do if I’m Disabled in North Carolina?

SSD is meant to provide support for people unable to work themselves. Many people who have suffered minor injuries or who want to game the system will attempt to collect SSD even if they are not truly disabled. The SSA also wants to make sure its money is going to people truly in need. Because of this, it can be difficult to have your disability qualified as severe. Due to the complex process involved, many people who deserve SSD benefits are unable to collect.

If you or a loved one are disabled and need to collect SSD benefits, don’t hesitate to contact Brent Adams and Associates. We’re located at 8222 Creedmoor Rd Raleigh, NC 27613, one mile Southeast of Wildwood Country Club and two miles West of Six Forks Shopping Center. 

We believe everyone with a disability deserves the opportunity to live their best live and to feel whole. 

If you or a loved one are struggling to collect SSD, contact the offices of Brent Adams and Associates right now at 910-249-6891 or email us for a free consultation. We provide personal, one-on-one, small-town attention to each and every client and give everyone all the time they need. We feel like we don’t win unless you win.