What if I am Over the Age of Fifty?

If you're between the ages of 50 and 55:

There's specific guidelines for those age fifty and older from which you can benefit. These guidelines can make it simpler to get approval of your Social Security disability benefits.

For those who have difficulty and limits in your capability to stand or walk, or other health problems which affect your neck, back, ankles, knees, feet and legs - these could make your acceptance more workable.

Other health conditions like diabetes, heart or lung problems, or arthritis might enhance your qualifications for disability benefits.  This is especially valid if your previous employment has called for you to be on your feet, walking or standing, for the majority of your work day. Whether or not your past employment wasn't regarded as being physically challenging, you might still reap the benefits of a number of the rules which are available for those older than fifty years of age.

If you're between the ages of fifty-five and sixty:

If you're over age fifty-five and have health problems which are preventing  you from doing your prior occupation, there are other special rules that could apply to you. Should your health conditions stop you from doing a moderate level of lifting things over twenty pounds frequently, your qualification as a disability candidate is much better.

If you're age sixty and over:

When you are age 60 and older, the policies for disability end up being more to your advantage. Your disability benefit approval will most likely enable you to obtain your full Social Security retirement that you'd typically obtain around age sixty-six, only earlier. Once you reach age sixty-six, you can draw your whole retirement benefit for the rest of your life.

Appealing A Decision

If you've already been denied a claim by the Social Security Administration, we're able to help you with the appeals process. There is a four-step process the government uses during the appeal. Each step has to be completed in order, and we'll help you each step of the way.

1.   Reconsideration - Once you send in the form, your case is given to the State Disability Determination Services office. There, someone besides the initial reviewer will take a look at your medical records and make a new determination concerning your disability.

2.   Hearing  - If the reconsideration is rejected, the next phase is for us to submit a request to the Office of Disability Adjudication and Review. At this point, you could meet personally with the judge. After a meeting, the judge will tell you in writing the decision about your case.

3.   Appeals Council Review - The third step is very similar to the hearing. Your request will once again be sent to the Office of Disability Adjudication and Review. Someone in that office will again take a look at your medical records and notify you in writing of the decision on your case.

4.   District Court Case - At this final level of appeal, you must have an attorney. Your case must be filed against Social Security in a District Court. From here, your case will be heard by a district court judge, who'll notify you in writing of the final decision concerning your case.

Child Qualifications For Social Security Disability Benefits

Your youngster could be eligible to get disability benefits under the Supplemental Security Income program.

If your child isn't married, isn't considered the head of a household, and is under 18 years of age (or if their under age 22 and is a student attending school regularly), they could satisfy the requirements.
To qualify for Supplemental Security Income benefits, your child must either be handicapped or blind.

•   Benefits can start as soon as the date of birth: there is no minimum age requirement
•   They can receive benefits until they reach the age of 18
•   Upon turning 18, disabilities will have to be evaluated on the definition of disability for adults
•   A visual impairment may qualify for SSI blindness benefits, based upon if the impairment fulfills the definition of statutory blindness: central visual acuity of 20/200 or worse in the better eye with the aid of a corrective lens, or if you've got a visual field limitation in your better eye, such that the widest diameter of the visual field subtends an angle no higher than twenty degrees

No Charge Unless We Win Your Case!

In the economic system today, many family budgets are becoming stressed. With Kassin & Carrow, the last thing we wish to do is to add financial burdens to your family. We think that in the event that you don't succeed in your case, you shouldn't have to pay our fee.

For many cases, we work on a contingent fee basis of 25% of past-due benefits or $6,000.00, whichever is less. Any fee needs to be authorized by the Social Security Administration. If you don't win your case, then you won't have to pay any fee.

We'll ask you to refund us for cost of getting medical records, and for anything your doctor charges for writing reports to help us win your claim. Total expenses are generally less than $100.00.

Remember, if you don't win your case, then you will not pay any expenses.

SSI and How It Affects You

If you have a disability, you could be eligible for a program handled by the Social Security Administration. SSI benefits are paid through the United StatesTreasury general funds and are typically restricted to those that have low income and few resources.  

Children that are blind or disabled may also receive SSI benefits.  The standard level of benefits are identical across the country, however, many states will add money to the basic benefit.  At Kassin & Carrow, we want to enable you to obtain the maximum benefit possible. 

Receiving SSI will depend on things like your earnings and resources.  Wages, Social Security benefits and pensions all count as earnings.  Furthermore, food and shelter benefits may count as earnings. If you're married, a part of your spouse's earnings and resources may be considered. If you're a student, a number of the wages and/or scholarships may not count.

If you're blind, Social Security doesn't count wages that you apply to work expenses.  For instance - making use of wages to cover transportation to work and back aren't looked at as income. Also, some of the income you use for training or buying items required to work might not count.

With regards to resources, or items that you possess, Social Security will look at things such as real estate, bank accounts, stocks, bonds, and cash.  If your resources are worth no more than $2,000, you might be capable of getting SSI.  For couples, the resources can be worth a maximum of $3,000.
Social Security does not count everything you possess.

Items that commonly are not considered are:

•   Life insurance policies with face value lower than or equivalent to $1,500
•   Your vehicle in most instances
•   Burial plots for  both you and members of your immediate family
•   Burial funds as much as $1,500 for yourself and $1,500 for your spouse
•   Your residential home you reside in as well as the property it's on

You might also be eligible for SSI benefits:

•   If you are living in a public institute while going to authorized job or educational training
•   If you reside in a community emergency shelter allocated for the homeless
•   If you reside in a private or public institution and over fifty percent of the expense of your care is paid by Medicaid
•   If you are living in a public community residence serving a maximum of sixteen people

Whenever we formally make an application for benefits and to process your application quickly, we'll require:


•   Your Social Security number
•   Information about your house - mortgage, lease, and landlord's name
•   Birth record or other proof or your age
•   Payroll stubs, insurance policies, bank statements/records, and additional information regarding income and resources
•   We'll have to have the names, address, and phone number of physicians, hospitals, and clinics that have treated you
•   Proof of citizenship in the United States or qualified noncitizen status
Kassin & Carrow is here to help you each step of the way. Keep in mind, you won't ever pay a fee unless we win your case.

How is Disability Determined?

Disability is determined via a process known as Sequential Evaluation, which is explained below:

·         •   Are you employed? If you're employed and your gross earnings are over $1,010.00 in a typical month, you usually won't be regarded as disabled. If you aren't employed or your gross earnings are lower than $1,010.00 in a typical month as a result of a medical condition, then SSA will go to the next concern.

·         •   Is your condition “Severe”? Your condition needs to hinder basic job associated tasks for your claim to be considered. If your condition isn't severe, then SSA won't find you disabled. If your condition is severe, then SSA will go to the next question.

·         •   Is your condition foundwithin the selection of disabling impairments? The regulations list impairments for every one of the major body systems that are so severe that they immediately indicate that you're disabled. If your condition isn't in the list, then SSA must determine if it's of equivalent seriousness to an impairment on the list. If your condition satisfies or equates to one of the mentioned impairments, then SSA will find that you're disabled. If your condition doesn't satisfy or equate to one of the listed impairments, then SSA will go to the next matter.

·         •   Are you able to carry out thework you did previously? If your condition is severe, but not at the same or equal seriousness as a condition on the list, then SSA must determine whether the condition disrupts your capability to complete the work that you did previously or not. If your condition doesn't stop you from doing your past work, then SSA won't find you disabled. If your condition keeps you from doing your past work, then SSA will go to the next concern.

·         •   Could you do any other kindof work? If you are unable to do the task that you did in the past, then SSA decides if you can adapt to other work. SSA considers your medical conditions, your age, education, previous work experience and any transferable abilities that you might have obtained. If you're able to adapt to other work, then SSA won't find you disabled. If you can't adapt to other work, then SSA will find you disabled.

What Can An Attorney Do For You?

Social Security guidelines for assessing disability and your work history are particularly technical and complex. Social Security doesn't require an individual to be represented by an attorney.  Nevertheless, the government’s own data shows that benefits are granted much more commonly to claimants with attorneys compared to those who decided to manage their claims without the help of an attorney.
Moreover, the hearing before an administrative law judge is considered to be a legal proceeding.

Each case is unique. The role of an attorney is dependent upon the specific details of each case. Attorneys in Social Security Disability cases do far more than sit in a hearing and ask a few questions. Much pre-hearing preparation, analysis and evidence gathering go into sufficient representation for each case.

As your attorney, some of the things we may do are:
•       Collect medical or other evidence
•       Give a comprehensive assessment and explanation of your claim
•       Acquire documents from your SocialSecurity Disability file
•       Request that prior application for benefits be reopened
•       Speak to your physician to secure a report in accordance with Social Security rules
•       Help you prepare to testify at the hearing
•       Present an opening or closing statement at the hearing
•       Petition for prompt appeals to proper level of appeal
•       Seek waiver of time limit
•       Ensure that you get the appropriate amount of benefits if approved

FAQ - When Should I Contact a Disability Lawyer or Attorney?

Exactly when Must I Contact An Attorney?

You should contact an lawyer or attorney as soon as possible after the disability occurs to receive maximal Social Security Disability or SSI benefits. The earlier we are able to start working on your legal matter, so much the better your likelihood of winning.

Please note that not all lawyers practice in front of the Social Security Administration. You can expect to do best to get a hold of an attorney familiar with the complex and somewhat atypical Social Security Disability legal guidelines and procedures.

FAQ - Why Hire a Disability Attorney?

Should I Obtain An Disability Attorney?

Social Security rules for determining disability and your job history are very technical and complicated. Social Security does not require a person to be represented by an lawyer.  Nevertheless, the government’s very own figures show that benefits are awarded far more frequently to individuals with lawyers than those who chose to handle their claims without having the assistance of an attorney. Also, the hearing in front of an administrative law judge is considered a legal proceeding.

Every case is unique. The function of an attorney will be based on the particular facts of each case. Lawyers in Social Security Disability cases do a great deal more than sit in a hearing and ask a few queries. Much pre-hearing preparing, analysis and evidence assembling go into adequate representation for each case.

As your lawyer, some of the things we may do are:

• Present an opening or closing statement at the hearing
• Request timely appeals to proper level of appeal
• Seek waiver of time limit
• Make sure that you receive the correct amount of benefits if approved
  
• Obtain documents from your Social Security Disability file
• Ask that prior application for benefits be reopened
• Gather medical or other evidence
• Provide a thorough evaluation and explanation of your claim
• Contact your doctor to obtain a report consistent with Social Security rules
• Prepare you to testify at hearing

FAQ - Why Should I Apply for Disability Benefits?

Why Should I Make an Application?

You should apply for disability benefits for several causes.

•     you will be eligible for Medicare health insurance or Medicaid according to the kind of Social Security benefit
•     you may receive cost of living increases each 12 months to your once a month disability benefit
•     you may profit from tax advantages or get your benefits tax-free
•     you may guard any coming future Social Security benefits (Retirement or Survivors benefits if qualified)
•     you may be eligible for work incentives or vocational rehabilitation training programs to assist you in returning to work
•     your spouse or kids may be eligible for benefits on your record.