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David Gantt

David Gantt

Compassionate, Responsive Legal Representation throughout Western North Carolina
  • Social Security Disability, Personal Injury, Workers' Compensation
  • North Carolina
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Biography

David Gantt is an Asheville-based Board Certified Workers’ Compensation Legal Specialist serving western North Carolina. In addition to work comp, David practices in the areas of Social Security Disability, Personal Injury, and Wrongful Death law.

He holds a BA in Economics from University of North Carolina at Chapel Hill in 1978, and earned his Juris Doctor from Campbell University Law School in 1981. David was admitted to the bar for North Carolina and U.S. District Court, Western District of North Carolina in 1981. In 1984, he was admitted to the U.S. Court of Appeals, Fourth Circuit, and U.S. District Court, Middle District of North Carolina. Since 1985, he has been admitted to the U.S. Supreme Court.

Active in the legal community, David holds membership to the 28th Judicial Bar, North Carolina, and America Bar Associations. He has served as a sustaining patron and in the President’s Club for North Carolina Advocates for Justice. David is also a member of the National Association of Social Security Disability Claimant’s Representatives, and NC Bar Association General Practice Hall of Fame.

In addition to his legal involvement, David strives to consistently take part in his local community. He currently holds board membership with the Martin Luther King, Jr. Committee; life membership to NAACP; Governor Appointments to Employment Security Commission (2008) and Mountain Resources Commission (2010); March of Dimes Babies Walk (Chairman, 2012). David was elected to the Buncombe County Board of Commissioners in 10 elections since 1996. In 2016, he retired from politics after 20 years in office.

Education
Campbell Law School
J.D. (1981) | Law
Campbell Law School Logo
University of North Carolina - Chapel Hill
B.A. | Economics
University of North Carolina - Chapel Hill Logo
Professional Experience
Managing Partner
David Gantt Law Office
- Current
Publications
Articles & Publications
“Woodson Worker’s Compensation Case”
North Carolina Academy of Trial Lawyer Magazine
Speaking Engagements
Trying the Automobile Injury Case in North Carolina
National Business Institute
Farmer's Right of First Refusal
North Carolina Academy of Trial Lawyers
Advanced Worker's Compensation and Ethics
North Carolina Academy of Trial Lawyers
Ethics from the Plaintiff's Worker's Compensation Perspective
Wake Forest University CLE
Social Security Administrative Mistakes and Remedies
North Carolina Academy of Trial Lawyers
Social Security Language Made Easy
North Carolina Academy of Trial Lawyers
Social Security Jargon for Beginners
North Carolina Academy of Trial Lawyers
Interpreting Social Security Language for Beginners
North Carolina Academy of Trial Lawyers
All Star Trial of Sex Harassment Case
North Carolina Bar Association
Intro to Social Security law
North Carolina Academy of Trial Lawyers
Ethics in Worker’s Compensation Cases
North Carolina Bar Association
Damages in Worker’s Compensation Cases
North Carolina Bar Association
Social Security Regulations
North Carolina Academy of Trial Lawyers
Basic Social Security Benefits
North Carolina Academy of Trial Lawyers
Workers' Compensation Ethics
North Carolina Industrial Commission
Basics of Social Security Law, Summer Convention, Sunset Beach, NC
NC Advocates for Justice
Social Security Law for Paralegals, Annual Meeting, Asheville, NC
NC Paralegal Association
Ethics in Workers' Compensation, Annual Meeting, Raleigh, NC
NC Industrial Commission
Why practice Social Security Disability law?, Mountain Magic, Asheville, NC
NC Advocates for Justice
Planning on the Blue Ridge Parkway, Fall Conference, Asheville, NC
American Planning Association
Cross Exam of Medical Expert in Social Security Disability Hearings, Webinar
American Bar Association
Certifications
Board Certified Specialist in Worker’ Compensation Law
Board of Legal Specialization
Awards
Best Lawyers, Workers' Compensation Claimants Section
Best Lawyers in America
David Gantt has been included in the 2021 Edition of Best Lawyers in America© in the Workers’ Compensation - Claimants section. This is David’s seventh consecutive year named to the list.
Best Lawyer
US News/Best Lawyers in America
Super Lawyer
North Carolina Super Lawyer
Best Lawyer
Best Lawyers in America
Asheville Workers' Compensation
Super Lawyer
North Carolina Super Lawyer
Best Law Firm
US News/Best Lawyers in America
Asheville - Workers' Compensation
Best Lawyer
Best Lawyers in America
Asheville - Workers' Compensation Section
Super Lawyer
North Carolina Super Lawyers
Best Law Firm
US News/Best Lawyers in America
Asheville Workers' Compensation
MLK Humanitarian Award
MLK Association of Asheville & Buncombe County
Lifetime Legacy Award
NC Conservation Easement Committee
Legacy Award
Southern Appalachian Highlands Conservancy
Lawyer of the Year, Workers’ Compensation; Asheville
Best Lawyers in America
Super Lawyer
North Carolina Super Lawyers
Best Law Firm
US News/Best Lawyers in America
Asheville Workers' Compensation
NC General Practice Hall of Fame
NC Bar Association
Greenway Hero
Friends of Connect Buncombe
Minnie Jones Social Justice Award
Western North Carolina Community Health Services
Champion of Buncombe County Animals
Asheville Humane Society
Outstanding Elected Official
American Planning Association- NC Chapter
Liston Ramsey Award
WNC 11th Congressional District Democrat of Year
Environmental Political Leadership Award
Sierra Club
Leaders in the Law
Elon University and NC Lawyers Weekly
Best Lawyer
Best Lawyers in America
Marvin Collins Outstanding Planning Award for Distinguished Leadership by an Elected Official
American Planning Association NC
Best Law Firm
US News/Best Lawyers in America
Asheville - Workers' Compensation
National Trial Lawyers Top 100
National Trial Lawyers
National Advocates Top 100 Lawyer
National Advocates
Best Lawyer
Best Lawyers in America
Martindale Hubbell Client Distinction Award
Martindale Hubbell
WNC Elected Official of the Year
Mountain True
AV Preeminent 5.0 out of 5 Peer Review Rated
Martindale-Hubbell
Top 100 Litigation Lawyers in NC
American Society of Legal Advocates
Top 100 Litigation Lawyers in NC
American Society of Legal Advocates
Stepp Labor Leader Award
WNC Central Labor Council
Environmental Excellence Award
Asheville Greenworks
Top 100 Lawyers in NC
American Trial Lawyers Association
Leadership Award
Sierra Club
Super Lawyer
North Carolina Super Lawyers
Top 100 Lawyers in NC
American Trial Lawyers Association
Super Lawyer
North Carolina Super Lawyers
Citizen Lawyer Award
North Carolina State Bar Association
Professional Associations
National Association of Social Security Disability Claimant's Representatives
Sustaining Patron
- Current
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North Carolina and American Bar Associations
Member
- Current
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North Carolina State Bar
Member
- Current
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28th Judicial District
Member
- Current
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President’s Club- North Carolina Advocates for Justice
Member
- Current
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NC Advocates for Justice
President's Club
- Current
Activities: Past Chair of Disability Advocates (SS) Section
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Jurisdictions Admitted to Practice
North Carolina
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U.S. Supreme Court
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Fees
  • Free Consultation
  • Contingent Fees
Practice Areas
    Social Security Disability
    Personal Injury
    Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Truck Accidents, Wrongful Death
    Workers' Compensation
Additional Practice Area
  • Car Accidents
Languages
  • English
Legal Answers
Q. How does a lump sum worker's compensation settlement affect future SSDI monthly payments? Please see details.
A: Social Security Administration will not permit individuals to receive more than 80% of pre-injury monthly gross earnings from combined Workers' Compensation (WC) and Social Security Disability (SSD) payments. This policy was enacted to avoid the situation where injured workers are making more than pre-injury earnings and have no incentive to try and return to gainful employment. Your lawyer properly settled your WC claim in a lump sum and then allocated the net sum you received over your life expectancy in order to push your monthly receivables below the 80% ceiling. Before SS can reduce your monthly SSD check, you will receive a written explanation of how they figured the reduction based on the 80% rule. My office has managed to resolve many of these claims by simply sending a copy of the final WC Order approving the lump sum and pro-rated distribution to local SS office. Many times, the SS office has only been notified of the lump sum amount and does not know about the pro-rata language that can push your countable income below the 80% ceiling permitted under SS law. If you have not received a written detailed explanation, you should make an appointment with SS and ask them to explain their calculation. You can appeal this decision if you disagree. You should also contact your local member of Congress or US Senator for help here. The staff in these elected official's office can often get an explanation faster than legal representatives can. From the numbers cited in your note, you may have a legitimate grievance.
Q. Can I get SSI for mental illness if I haven't worked a tax paying job?
A: You would be eligible for Supplement Security Insurance (SSI) benefits regardless of work history. The SSI benefit program is based on financial need regardless of work history. The more familiar Disability Insurance Benefits program, commonly called Social Security Disability (SSD), is based on work history and tax payments. You may also be eligible for Medicaid. When you are approved for SSI, you would automatically receive Medicaid. You have a right to file for Medicaid separately through your local Department of Social Services (DSS) n the NC County you reside. You would likely get a chance to appear before Medicaid Judge before your SSI application reaches the hearing level. In short, we always suggest clients apply for SSI at the local SS office AND apply for Medicaid through your County DSS. All these programs will require you to prove disability for a period of at least twelve (12) months.
Q. Do I need a lawyer first to represent me in filing for disability?
A: Yes. Social Security (SS) law is very complicated and hard to understand, even with a law degree. Most people assume that the treating physician's opinion about your ability to work is sufficient. The law actually requires a more detailed and thoughtful analysis of your doctor's opinion about a Claimant's restrictions and functional capacity. In NC, rejection rates for first time applicants are 70% and 91% for the first two (2) applications. A qualified lawyer's guidance and advice on how to proceed in SS claims can make the difference between winning and losing your application and appeal.
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Websites & Blogs
Website
David Gantt Law Office Website
Website
Free Online Disability Evaluation
Blog
David Gantt Law Office
Blog
David Gantt's Personal Injury Blog
Blog
David Gantt's Workers' Comp Blog
Contact & Map
82 Church St
Asheville, NC 28801
Telephone: (828) 252-2852
Fax: (828) 254-4539