Social Security Disability Resource Center

What is the criteria for disability? |
Will I Qualify For Disability in NC? |
How long does disability take in NC? |

Do I have to be out of work for twelve months before I can file for disability in North Carolina?




 
Note: The SSDI, SSI disability system is federal and nationally standardized, though there are state differences in approval rates, wait times, the number of appeals available--as of the time of this writing--and even the name given to the stage disability agency (DDS, or the Bureau or Division of Disability Determination). Now, to answer the question...

The Social Security Administration uses a specific and unique definition of disability that essentially guides how the process works and how a case can be approved as well as denied.

The SSA definition of disability says a few things. Your condition must be severe and it must be severe enough that it prevents you from working and earning what SSA considers a substantial and gainful income at either one of the jobs you have done in the past or at some other type of work.

However, it also says that your condition must be disabling enough to keep you from this type of work activity for a period of not less than one year.

Many individuals who hear this definition of disability will ask the question, "Do I have to be disabled and unable to work for twelve months before I can file for disability in North Carolina?" And the answer to that question is no.

As soon as your condition prevents you from being able to work, you should immediately file for social security disability or SSI disability in NC and you should do this at a local Social Security office. Ideally, of course, you should do this at a local office versus filing online and you should do it at the office nearest to where you live.

The twelve month rule will still apply--however, a disability examiner or administrative law judge can review an applicant's medical records and make a projection as to whether or not an applicant's disabling condition will last the full twelve months (in some cases where a claimant is disabled for less than twelve months, the claimant may be ineligible for ongoing disability benefits, but still be eligible for a closed period, which is essentially x number of months of benefits).

An individual who does meet this definition of disability can have an application for Social Security Disability or an application for SSI disability benefits taken at a social security office. It's best to contact the nearest social security office, of course, since this office will have jurisdiction over the processing of the claim.








  • Social Security Disability Resource Center

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  • Getting disability in North Carolina







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