Specialist in Social Security Disability Law

Under 27 NCAC 01D Section .2801, the North Carolina State Bar Board of Legal Specialization designated Social Security disability law as a field of law for which certification of specialists is permitted. Attorneys who qualify are permitted to use the term "Board Certified Specialist in Social Security Disability Law."

At Lawyer Legion, we understand the important role that specialty certification programs play in helping the public find a qualified attorney.

Our directory has a feature that lets you narrow your search to find only attorneys who are Board Certified Specialist in Social Security Disability Law in North Carolina.

Definition of Social Security Disability Law

For purposes of North Carolina's board certification program the term "social security disability law" is defined as the practice of law "relating to the analysis of claims and controversies arising under Title II and Title XVI of the Social Security Act and the representation of claimants in those matters before the Social Security Administration and/or the federal courts."

Standards for Board Certification

Any attorney in North Carolina who applies for board certification as a specialist in social security law must meet certain standards including a showing of substantial involvement in this specialty area of the law. Substantial involvement in the practice of Social Security disability law means that the attorney has spent a certain amount of time doing substantive legal work in the field.

A portion of that substantial involvement can involve a practice equivalent such as:

• service as a law professor concentrating in the teaching of Social Security disability law; or
• service as a Social Security administrative law judge, Social Security staff lawyer, or assistant United States attorney involved in cases arising under Title II and Title XVI.

Substantial involvement may also involve a showing of the completion of certain tasks including:

• proceedings before an administrative law judge;
• cases appealed to the appeals council of the Social Security Administration; and
• cases appealed to federal district court.

The attorney applying for board certification in social security disability law in North Carolina must also complete certain Continuing Legal Education (CLE) credits in social security disability law and related fields such as:

• workers' compensation law;
• elder law;
• practice management;
• ERISA;
• medical injuries, medicine, or anatomy;
• labor and employment law;
• trial skills and advocacy;
• veterans' disability law; and
• the law relating to long term disability or Medicaid/Medicare claims.

Another requirement for board certification in the specialty area of social security disability law is that the attorney must submit to peer review by other attorneys and judges who are familiar with the attorney's practice.

Written Examination in Social Security Law

The attorney must pass a written examination testing his or her knowledge in the specialty field of social security disability law. The examination will cover the following areas:

• Workers' compensation offset;
• Interaction of Social Security benefits with employee benefits (e.g., long term disability and back pay);
• Medical proof of disability;
• Eligibility for Medicare and Medicaid;
• Title II and Title XVI of the Social Security Act;
• Federal practice and procedure in Social Security disability cases;
• Vocational aspects of disability;
• Eligibility for Social Security retirement and survivors benefits;
• Equal Access to Justice Act; and
• Fee collection and other ethical issues in Social Security practice.

Finding a Social Security Attorney in North Carolina

For attorneys in North Carolina, board certification in social security disability law will last for five years. During that time the attorney must apply for continued certification within certain time limits.

Although the attorney is not required to take another written examination, the attorney must submit to peer review, complete certain continuing legal education (CLE) credits, and show continued substantial involvement.

At Lawyer Legion, we understand the importance of North Carolina's board specialty certification program. Specialty certification helps the public find a qualified social security disability attorney in North Carolina.

This article was last updated on Friday, November 22, 2019.