Non-Medical Reasons For Being Denied Disability

Aside from the more noticeable medical reasons for being denied SSI or SSDI benefits, there are a lot of reasons a person's disability claim may be denied that do not involve their supposed disabling condition or conditions.

For instance, disability cases may be rejected since they don't satisfy the non-disability criteria, or eligibility requirements, of Social Security Disability and/or SSI (Supplemental Security Income disability) program. If someone has not worked, or hasn't worked for some time, they might not be insured for Social Security disability.

Insured status is acquired only with work activity and lasts a limited amount of time once an individual stops working. If somebody files a disability claim based on need, their disability claim can be denied because A) the worth of their assets is too high (at this time, the income resource limit for someone is $2,000 and the couple’s resource limit is three thousand dollars) or B) they have income that's over the income limit. Like all need-based social welfare programs, people who file for SSI need to meet particular income and resource limits to be eligible for disability benefits.

Disability claims might end up being refused for some other reasons as well. If someone files a disability benefits claim and they're working, their disability claim may be declined for the performance of substantial gainful activity (SGA) before their case being taken to a disability examiner (at disability determination services, the agency which makes case decisions for SSI and SSDI benefits) for a medical decision.

SGA is a regular monthly earnings quantity that the Social Security Administration has determined as being self-supporting. If somebody is earning over the SGA amount, if is irrelevant what their disabling condition is or how extreme it is; their claim is going to be denied.

Social Security disability claims may also be denied either in the Social Security office, or at the state agency responsible for making disability determinations, for failure to cooperate. Failure to cooperate denials include a failure by the disability candidate to supply forms or information necessary to process their social security disability claim.

Often, too, the state disability processing department denies disability cases simply because they're unable to make contact with the disability applicant. That's why it's so important for all disability claimants to provide Social Security with updated addresses and phone numbers if there are any developments throughout the processing of their disability cases.

The Missouri or Illinois state disability agency (DDS) may also deny a disability case if a disability claimant doesn't attend a scheduled consultative examination. If a disability applicant cannot attend their consultative examination for any reason, they need to contact their attorney or the disability examiner responsible for their disability case a reschedule examination rather than miss it.

Hiring a good attorney can go a long way in avoiding these and many other pitfalls of the social security and disability application process. If you live in Franklin, Warren, Lincoln, Washington, or St. Louis County in Missouri or Calhoun, Jersey, Macoupin, or Monroe County in Illinois, contact the offices of Kassin and Carrow today!

Medical Reasons That One Can Be Denied SSI and SSDI Benefits

Social Security Disability and SSI cases are mainly refused for one particular reason: a claimant's medical records fail to authenticate that the person has enough physical or mental constraints that will stop them from having the ability to return to work--either performing one of their previous jobs (past pertinent work potentially includes any job that was done within the last fifteen years) or performing some other type of work (that Social Security might declare that you're able to do based on your age, education, medical limitations, and skills and training).

Whenever Social Security finds that a person in St. Louis, Chesterfield, St. Peters, Warrensville, or St. Charles filing for disability benefits is disabled, this simply means they have determined that they've either A) fulfilled the requirements of a listing in the Social Security List of Impairments, or B) that they've successfully passed through the five-step evaluation process referred to as sequential evaluation.

Now, most individuals won't be accepted based on the acceptance criteria for a listing. The reason is many medical conditions aren't within the listing book. And when they are the criteria for approval can be quite high. The simple fact is that quite often a claimant's medical records won't contain the information necessary to prove that they qualify under a listing.

When a person is approved it is because they have gone through all five steps of the sequential evaluation process, which means that:
1) They are not presently working and earning a substantial and gainful income,
2) They have a severe handicap,
3), They don't fulfill a listing in the listing book,
4) Their condition or conditions prevent them from being able to do their previous work, and finally
5) Their condition or conditions are extreme enough that they can't do any other kind of work, work that, if they were not disabled, they may easily be able to change to.

We can distill the way the entire disability system functions by making this single statement:
Most claims are rejected because an SSA adjudicator--a disability social security adjudicator or a judge--will decide that the person may still do some sort of other work, even if they can no longer do their past work.

The trick to winning a disability claim, of course, is demonstrating that your condition is so severe that you can't do other work, as well as being unable to do your past work. This is where a social security or disability attorney can really come in handy. Kassin and Carrow are here for you if you have any further questions about filing for disability in the St. Louis and Metro St. Louis areas.

How Long Can I Get Disability Benefits?

There are a few things that any experienced SSI/SSDI attorney will say to you. First, most claimants who get approved are able to keep their benefits after each sequent review of their claim. Second, it's more difficult to ascertain that someone has had medical improvement if he or she was approved for disability benefits through an administrative law judge (ALJ) hearing as opposed to being approved at the initial claim or reconsideration appeal levels.

There's a reason for this: ALJs have more flexibility in formulating their decisions than disability benefits examiners, which means that many individuals who received their disability approvals at the ALJ hearing may not really have been awarded disability under the rules and guidelines used to make decisions at the state disability agency (DDS, or Disability Determination Services). Even though a claims examiner might not agree that a recipient is disabled, unless there's proof of medical improvement in the medical record, disability benefits cannot be continued -- except in specific exceptions.

Other Reasons Benefits May Be Discontinued

There are other reasons you might lose your disability benefits, dependent on whether you have SSDI or SSI. While nobody is assured a lifetime of disability benefits, in all likelihood, once a person has been awarded disability benefits, they will continue to get disability benefits until the age of retirement, at which point their benefits will change from the disability category to the retirement category. That said, if you try to keep your benefits by not informing Social Security whenever your condition has improved or when you begin earning an income, you may be accountable for repaying disability overpayments.

For a complete examination of your case, whether you could lose your payments, or if you need to report a change in income or condition, contact Kassin and Carrow and get the answers that you need!

Can You Qualify for Both SSDI and SSI Disability Benefits?

Some people who are eligble for SSI get a modest amount of Social Security disability benefits, if they worked. Making an application for both benefits is called a "concurrent claim."

In particular circumstances, you can collect SSI and SSDI at the same time (called "concurrent benefits"). This takes place when a disability applicant is approved for Social Security Disability (abbreviated as SSD or SSDI) but gets merely a low monthly payment. (A low SSDI payment can be brought on by not working a great deal in the past few years or making low wages.)

Qualifying for SSI

To qualify for an SSI payment in addition to an SSDI payment, your unearned earnings must be less than $721 per month. The SSI income limits are relatively confusing, however; this limit is greater in certain states, and if you are working and making some cash, another limit is applicable. The SSI program also offers asset limits.

If your revenue and possessions are low enough to be entitled to Supplemental Security Income (SSI), and you worked long enough in a job that paid taxes into the Social Security system to qualify for Social Security disability insurance (SSDI), it is not unlikely you'll receive both types of benefits at once. (However, remember your SSDI payment is included in determining your eligibility for SSI. Quite often, your SSDI payment is going to be so high you simply won't be considered for SSI.)

Monthly Payment of Concurrent SSDI and SSI Benefits

You will not get a higher monthly combined benefit than you would under the SSI program by itself. Your SSI payment will be lowered by your SSDI payment to suit the absolute maximum SSI payment. If your SSDI benefit is underneath the current SSI monthly payment amount and you qualify for SSI, you'll receive an SSI payment. Simply put, if your SSDI benefit is below the set maximum per month, you are able to receive both SSI and SSDI benefits at once.

How You Apply for Concurrent Benefits

Whether you apply for SSI, SSDI (often known as SSD), or both, the Social Security office will choose whether your claim is concurrent, depending on your income and assets. The category of your claim will make no difference as to the way the claim is processed. In other words, an SSI claim will be completed in much the same way as an SSDI claim. The same definition of disability and the same disability review process is used for both programs.

The Benefits of a Concurrent Claim

The benefit to getting SSI when you are collecting a lower monthly SSDI benefit is that the SSI payment will lift up your benefit up to the maximum per month.

The benefit to having the capability to collect SSDI when you're eligible for SSI is that you may be eligible to get on Medicare as an SSDI recipient (although you must wait two years from when your SSDI eligibility begins).

In contrast, SSI recipients are eligible for Medicaid alone. Although Medicaid does provide payment for more services than Medicare, more physicians acknowledge payments from Medicare, so it may be much easier to find a provider.

Kassin And Carrow are ready and willing to help you receive all of the benefits that you deserve, whether SSI, SSDI, or both!

Is My Child Eligible To Receive Disability Benefits?

SSI makes monthly payments to individuals with low income and limited resources who are 65 or older, or blind or impaired. Your child younger than age 18 can qualify if she or he meets Social Security’s definition of disability for kids, and if his or her income and resources fall inside the eligibility limits. The amount of Missouri's SSI payment is distinctive from other states since some states add to the SSI payment.

When it is decided if your child may get SSI, they consider your child’s income and resources. We also look at the income and resources of family members living in the child’s residence. These rules apply if your child lives at home. They also apply if he or she is away at school but comes back home from time to time and is susceptible to your control.

If your child’s income and means, or the income and resources of family members residing in the child’s household, are greater than the total authorized, they'll deny the child’s application for SSI payments.

SSI rules about disability:
Your child must meet all of the following requirements to be considered disabled and therefore allowed SSI:

The child ought not to be working and earning greater than $1,070 per month in 2014. (This earnings amount usually changes each year.) If he or she is working and earning that much money, it will be found that your child is not handicapped.

The child will need to have a physical or mental condition, or a mixture of conditions, that causes “marked and severe functional limitations. This means the condition(s) must very greatly limit your child’s activities.

The child’s condition(s) must have been debilitating, or be anticipated to be debilitating, for a minimum of twelve months; or needs to be likely to cause death. If your child’s condition(s) leads to “marked and severe functional limitations” for a minimum of twelve continuous months, it will be found that your child is disabled. But if it doesn't trigger those limitations, or doesn't cause those limitations for at least twelve months, it will likely be found that your child is not disabled.

The process and qualifications can be complex and frustrating to have to go through in great detail. Visit the offices of Kassin and Carrow and see what we can do to help you receive the benefits that you need!

What's The Five Month Waiting Period On Social Security Disability?

Disability claimants who are approved to receive Social Security disability insurance benefits (referred to as SSDI, SSD, and Title II disability benefits) are subject to a five-month waiting period before Social Security owes the claimant disability benefits. This means that the Social Security Administration (SSA) will withhold five months of an accepted claimant's benefits before commencing monthly payments (or, more likely, before determining back payments owed to the claimant, since it takes so long to get a disability approval). 

Exceptions to the Waiting Period

SSI claimants who've been approved to receive disability benefits aren't subject to the five-month waiting period. SSI claimants will be qualified to receive their very first payment on the first of the month after they submit an application for disability (but they will likely receive the first few months' payments in SSI back payments, since the SSA takes no less than a couple of months to grant disability benefits).

If you were approved for SSDI benefits, went back to work, stopped getting benefits, and then become disabled again, you won't need to wait five months to get benefits, provided no more than five years has passed between your first onset date of disability and the second. This is called expedited reinstatement.

If you are trying to get benefits as the child of a disabled employee, your application isn't at the mercy of any waiting period.

When the Waiting Period Starts

The five-month waiting period starts on the claimant's established onset date (EOD) of disability. (This is the date that the SSA states the claimant became disabled.) Hence the date of entitlement to Social Security benefits (when the claimant will be owed a monthly payment) does not start until five months after the EOD.

For more great information about SSI and SSDI benefits, call Kassin and Carrow today at 1-800-273-8380!

What Is the Difference Between Social Security Disability (SSDI) and SSI?

The main difference between Social Security Disability (SSD, or SSDI) and Supplemental Security Income (SSI) is the fact that SSD is available for workers who've accumulated a sufficient number of work credits, while SSI disability benefits are around for low-income individuals who have either never worked or who haven't earned enough work credits to qualify for SSD.

While many individuals don't distinguish between SSI (Supplemental Security Income) and SSDI (Social Security Disability Insurance), they are two totally different governmental programs. While both programs are overseen and handled by the Social Security Administration, and medical eligibility is determined in the same fashion for both programs, there are distinct differences between the two.

What Is SSI?

Supplemental Security Income is a program that's strictly need-based, as outlined by income and assets, and is financed by general fund taxes. SSI is called a "means-tested program," meaning it does not have anything to do with work history, but purely with financial need. To meet the SSI income requirements, you need to have less than $2,000 in assets (or $3,000 for a couple) and a very limited income.

Disabled people who are eligible under the income requirements for SSI are also able to receive Medicaid in the state they live in. Most people who are eligible for SSI will also qualify for food stamps, and the amount an eligible person will receive is based on where they live and the amount of regular, monthly income they have. SSI benefits will begin on the first of the month when you first submit your application.

What Is SSDI?

Social Security Disability Insurance is financed through payroll taxes. SSDI recipients are viewed as "insured" because they have worked for a particular number of years and have made contributions to the Social Security trust fund in the form of FICA Social Security taxes. SSDI candidates must be younger than 65 and have attained a particular number of "work credits." After getting SSDI for two years, a disabled individual will become eligible for Medicare.

Under SSDI, a disabled person's spouse and children dependents are eligible to receive partial dependent benefits, known as auxiliary benefits. Nevertheless, only adults over the age of 18 can be given the SSDI disability benefit.

There's a five-month waiting period for benefits, which means the SSA will not pay you benefits for the first five months once you become impaired. The amount of the monthly benefit after the waiting period is over depends on your earnings record, like the Social Security retirement benefit.

Kassin And Carrow are ready and willing to help you with any needs you have with SSI or SSDI benefits. Give them a call right now and schedule a consultation.

Disability Benefits For Veterans

Veterans of the United States Armed Forces with issues connected to, or exacerbated by, active service can be qualified to receive veterans disability benefits. After the veteran has sent applications for benefits, the Department of Veterans Affairs (VA) assesses the medical evidence and determines whether the veteran is eligible for benefits. The VA then assigns the disability a rating level, which determines the quantity of monetary compensation the veteran will receive because of his handicap or disease.

Disability Ratings

To be able to be eligible for veterans disability benefits, specific criteria must be met. If the VA determines that a the veteran qualifies for disability benefits, it assigns the disability a rating to indicate the degree of the disability or disease. The disability rating represents the "average detriment to earning capacity" as a result of the disability or disease.

The ratings are assigned in 10% increments, starting from 10% to 100% handicapped. A higher disability rating indicates the veteran has a more severe disability, and subsequently receives a greater monthly compensation payment. For example, under the current rates for veterans without dependents, a 10% handicapped veteran is entitled to $123 monthly, a 50% disabled veteran is eligible for $770 per month, and a 100% (or entirely) disabled veteran is eligible for $2,673 every month. Usually, the compensation rates are subject to a yearly cost of living increase.

The law also provides for special compensation rates for many enumerated, more serious disabilities or injuries. Injuries like loss of a single hand or foot, blindness or severe injury to one eye, loss of ability to talk, and deafness, to name a few examples, are eligible for an increase of $96 every month per injury (maximum $4,667 per month) over the base compensation rate. Loss of both hands, both feet, blindness in both eyes, or a permanent bedridden state entitles the veteran to $3,327 compensation each month. The law also lists other disabilities that may merit higher, specific payments. Additionally, the statute enables the Secretary of the VA to approve higher payments for more serious disabilities if necessary, with a maximum of $4,667 per month.

If you are a veteran and you feel that you are entitled to disability benefits, call Kassin and Carrow today for a consultation.

What Does "Social Security Disability" Mean?

The definition of disability under Social Security differs from other programs. Social Security pays just for total disability. No benefits are payable for limited impairment or even for temporary disability.

"Disability" under Social Security is dependent on your inability to work. They consider you disabled under Social Security rules if:
•   You can't do work which you did before;
•   We determine that you can't adjust to other work due to your medical condition(s); and
•   Your disability has lasted or is anticipated to last for around one year or to result in death.

This is a rigid definition of disability. Social Security program rules assume that working families get access to other resources to give support during periods of short-term disabilities, including workers' compensation, insurance, savings and investments.

Along with meeting our definition of disability, you need to have worked long enough--and recently enough--under Social Security to be eligible for disability benefits.

Social Security work credits are derived from your total yearly wages or self-employment income. You can make as much as four credits annually.

The amount required for a credit changes from year to year. In 2014, for instance, you earn one credit for every $1,200 of wages or self-employment income. When you have earned $4,800, you have made your four credits for the year.

The number of work credits you will need to be eligible for disability benefits will depend on your age whenever you came to be disabled. Usually, you'll need forty credits, twenty of which were earned in the past decade ending with the year you become impaired. But, younger workers may be considered with less credits.

Having the appropriate attorney can greatly expedite the process of applying for disability. Kassin and Carrow would be honored to help you as you seek to get social security disability benefits. If you live in or near St. Louis or the Metro East Illinois area, contact them today.

Information That You Need To Apply For Disability

We advise that you have the following information close at hand. It'll make finishing the application forms a lot easier for your attorney.

Information About You 

•   Your date and place of birth as well as your Social Security number
•   The name, Social Security number and date of birth or age of your present husband or wife and any previous spouse. It's also wise to know the dates and places of marriage and dates of divorce or death (if applicable)
•   Names and dates of birth of your minor kids
•   Your lender or other financial institution's Routing Transit Number and also the account number, if you would like the benefits to be electronically deposited

Information Regarding Your Medical Condition

•   Name, phone number and address of somebody you'd like to have contacted that knows of your health conditions and that can assist with your application process
•   Comprehensive information regarding your medical ailments, injuries or conditions:
   Names, addresses, phone numbers, patient identification numbers and dates of treatment for every doctor, hospital, and clinic;
   Names of medications you're taking and who administered them; and
   Names and dates of medical tests you've had and who sent you for them.

Information Regarding Your Livelihood

•   The money earned this past year and this present year
•   The address and name of your employer(s) for this year and last year
•   A copy of your Social Security Statement
•   The starting and closing dates of any active U.S. military service that you had prior to 1968
•   A summary of the jobs (as much as five) that you had in the fifteen years prior to becoming unable to work and the dates you worked at those jobs

•   Information about workers' compensation, black lung, and similar benefits you filed, or plan to apply for. These benefits can:
   Be short-term or long-term in nature;
   Include annuities and lump sum transfers that you got in the past;
   Be paid from your employer or your employer's insurance company, private agencies, or Federal, State or any other government or public agencies; and
   Be known as:
1.   Workers' Compensation;
2.   Black Lung Benefits;
3.   Longshore and Harbor Workers' Compensation;
4.   Civil Service (Disability) Retirement;
5.   Federal Employees' Retirement;
6.   Federal Employees' Compensation;
7.   State or local government disability insurance benefits; or
8.   Disability benefits from the armed forces (Including military retirement pensions based on disability but not Veterans' Administration (VA) benefits.)

Applying for disability can be a tough task to take on. Call the offices of Kassin And Carrow today at 636-936-8300 or visit their website at www.kassincarrow.com. They will work hard to ensure that you get the disability benefits that you deserve.

What's The Best Time To Apply For Disability Benefits Through Social Security?

It is vitally important that you apply for disability benefits as soon as possible when you become disabled. It can take a very long time to process an application for disability benefits ( usually around three to five months). To submit an application for disability benefits, you will want to complete an application for Social Security benefits. By hiring an attorney and compiling some information, it is possible to expedite the process. The information that will be needed includes:


•   Your Social Security number
•   Your birth or baptismal certificate
•   Names, addresses and phone numbers of the doctors, caseworkers, hospitals and clinics that took care of you and dates of your visits
•   Names and dosage of all the medicine you take
•   Medical records from your doctors, therapists, hospitals, clinics and caseworkers that you already have in your possession
•   Laboratory and test results
•   A summary of where you worked and the kind of work you did
•   A copy of your most recent W-2 Form (Wage and Tax Statement) or, if you are self-employed, your federal tax return for the past year.

On top of the basic application for disability benefits, there's some other forms you will need to fill out that a lawyer can help you with. One form gathers information on your medical condition and how it affects your ability to work. Other forms give doctors, hospitals and other health care professionals who've treated you permission to send out information about your medical condition. Don't delay in applying for benefits!

If you think that you may qualify, contact Kassin and Carrow today so that you can get the benefits that you deserve fast!

The Basics Of Disability Benefits

Disability is one thing people don't like to contemplate. However the probability that you'll become disabled likely are higher than you know. Research has revealed that a twenty year old worker has a twenty-five percent chance of being disabled before achieving full retirement age. This page offers fundamental information on Social Security disability benefits and is not meant to resolve all issues. For more specified information regarding your circumstances, you should talk with an expert, like those at Kassin and Carrow. The government pays disability benefits with two programs: the Social Security disability insurance program and the Supplemental Security Income (SSI) program.

Social Security offers benefits to individuals who can't work having had a medical problem that's expected to last no less than one year or result in death. Federal law demands this strict definition of disability. While many programs give money to those with partial disability or short-term disability, Social Security doesn't. Certain family members of disabled workers also can get money from Social Security.

To find out more about disability benefits and to find out if you qualify, visit our website today. You have nothing to lose and so much to gain!

SSI

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 States Treasury 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.