Charlotte North Carolina Legal Blog

A Stone Basyx store in a southwest Charlotte business park was closed on a recent afternoon after a tragic accident happened inside. According to reports, the store sells large slabs of stones, such a granite, marble and quartz, each weighing hundreds of pounds. Employing 14 people and located on Westinghouse Boulevard in Charlotte, it is one of four locations.

On Friday, September 20, around 3:30 p.m. a customer was in the store shopping when a slab allegedly fell on top of him. Although Charlotte medics and firefighters rushed to the scene and attempted life saving measures, the man succumbed to his injuries and was pronounced dead. Homicide detectives as well as the Occupational Safety and Health Administration are conducting separate investigations into the incident.

When a person is considering filing for Social Security Disability benefits, that person should understand the definition of what the Social Security Administration calls "substantial gainful activity," (SGA). This will play a large factor in determining whether an individual meets disability program requirements.

Substantial gainful activity is a monthly amount that a person may earn and still be considered medically disabled. The amount differs for individuals who are considered legally blind versus non-blind. It also increases each year based on cost of living and the national average wage index. For 2019, a non-blind individual may earn $1,220 per month and a blind person may earn $2,040 per month while still being eligible for Social Security Disability program benefits.

Quite a few people fall into the mental trap of thinking of certain jobs as dangerous and other jobs as inherently safe. While it is true that there are some kinds of work that leave you at greater risk for injury or fatal workplace accidents, any job you work could theoretically put you at risk for injury or occupational illness.

Jobs that people often think of as inherently safe, such as office work or customer service jobs, could be a major source of risk, particularly for those who stay in the same position for many years. Repetitive motion injuries, in particular, are a risk for anyone who performs the same job day after day, month after month.

A U.S. military veteran is eligible to receive simultaneous disability pay from both the Veterans' Administration and the Social Security Administration. However, it must be understood that the eligibility criteria for each program are vastly different, and approval for one does not ensure approval from the other.

To qualify for Social Security Disability, a person must have a severe physical or mental impairment that is expected to last at least one year or to result in death. Medical evidence must substantiate all claimed impairments. If there are no medical records or proof of impairments, a claim may be denied. The Social Security Administration will occasionally send a claimant out for a consultative exam, at the Administration's expense, in order to gain a medical opinion and residual function capacity. In addition, the impairment must also prevent the person from working full-time performing substantial gainful activity, otherwise known as "SGA." Each year, the SSA sets monthly income limits for those drawing SSDI benefits. These are amounts that a person may work and earn in addition to a monthly disability check. The amounts increase every year with cost of living increases. For 2019, the monthly income limit is $1,180.