Answers to winning a disability case in NC| Social Security Disability Resource Center

How old do you have to be to get disability in North Carolina?

There really aren’t any age requirements or age restrictions for getting Social Security Disability, in North Carolina or any state. The Social Security Administration does distinguish between adult and child claims, and the approval criteria is different for both. Why is pretty obvious. Adults are evaluated according to their ability to return to their past and their ability to switch to some type of other work. Work history, of course, is not a factor for child applicants.

This is what a person who wants to file for disability in NC should think of. If you are younger, meaning in your twenties, thirties, or forties, you will have more difficulty getting disability benefits than a person who is over fifty years of age.

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Why? Well, there are two ways Social Security can approve you on a disability application or a reconsideration appeal (the first appeal). The first is by meeting the requirements of a listing. The second is by evaluating your ability to return to a job you’ve done previously, or do some type of other work. If Social Security determines that you can’t do your past work or other work, you can be qualify for disability.

However, the medical vocational rules that guide whether you will be found disabled or not disabled take age into consideration and they harder on those who are not yet age fifty. If you have a condition that is in the list of impairments and you meet all the requirements for the listing, then you simply qualify and age is not an issue, whether you are fifty or thirty-five.

Now, having said all this, if you are in your twenties, thirties, or forties, you can still get disability. But it will be harder most likely. Going by the statistics of the past 30 years, you will probably get denied on your initial claim in NC, get denied on your first appeal, and then have to file a request for a North Carolina disability hearing.

If we represent your claim before an administrative law judge, we will use all the available evidence, plus additional evidence we have gathered to try to prove that you satisfy the requirements for disability under Social Security such as found in certain Social Security rulings. Disability decisions that are made prior to the hearing level do not really take the actual law into consideration. But this is why claims are often successful at hearings after they have been denied twice.

My name is Tim Moore. I am an Accredited Disability Representative who has passed federally proctored testing for disability representatives, I am a member of the National Association of Disability Representatives, and I am also a former disability claims examiner for the Social Security Administration’s DDS, or disability determination services) in North Carolina. This background gives me quite a bit of insight and knowledge regarding how the claims process works and what needs to be done to win a disability claim.

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Additional answers to questions:

List of Conditions for Disability in North Carolina
Apply for disability in Norlina, North Carolina
Request for reconsideration in North Carolina
Apply for disability in Henderson North Carolina
Social Security Disability Interview in North Carolina
Disability application tips in North Carolina