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.
- Campbell Law School
- J.D. (1981) | Law
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- University of North Carolina - Chapel Hill
- B.A. | Economics
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- Managing Partner
- David Gantt Law Office
- - Current
- “Woodson Worker’s Compensation Case”
- North Carolina Academy of Trial Lawyer Magazine
- 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
- Board Certified Specialist in Worker’ Compensation Law
- Board of Legal Specialization
- 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
- 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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- North Carolina
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- U.S. Supreme Court
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- Free Consultation
- Contingent Fees
- Social Security Disability
- Personal Injury
- Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Truck Accidents, Wrongful Death
- Workers' Compensation
- Car Accidents
- English
- 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.
David Gantt 2018
David Gantt Law Office introductory video