Employment and Workers' Issues

There are plenty of employment-related issues associated with Social Security Disability Benefits. Thankfully, Kassin and Carrow in St. Louis, MO have this information to help you understand whether or not you qualify.

My child has not been able to work because she has been disabled from birth by cerebral palsy. Can she get disability benefits from Social Security?

Perhaps. If the child is under 18 and you've got limited income and resources, the child might qualify for SSI disability benefits. If the child is more than 18 years old, she may be able to be eligible for SSI disability benefits without regard to the earnings of her mother and father. If either of her parents is drawing Social Security benefits of some type or is deceased, and the child's disability began before age 22, the child may be eligible for Disabled Adult Child (DAC) benefits.

I used to work, but lately I've been staying home caring for the kids. Not long ago I became sick. Can I get Social Security disability benefits?

Potentially. If you worked five out of the last 10 years before becoming disabled, you might have enough earnings to be eligible for Social Security disability benefits. For anyone 31 or lower, the requirements are a little different, since such individuals have not had such a long time to work. Unless a person has been staying home and caring for their kids for quite a long time, it is quite possible that they'll be eligible for Social Security disability benefits based upon their own earnings. A homemaker, based on their financial situation, could possibly be eligible for Supplemental Security Income (SSI) whether or not they have been employed in the past.

I'm disabled, but I have never worked. Can I get Social Security disability benefits?

If you've got very limited income and resources, you might qualify for Supplemental Security Income (SSI) if you are disabled, even if you've not worked in the past. It is also possible to qualify for Disabled Adult Child benefits on a parent's work history should you became disabled before age 22, or for disabled widow’s or widower’s benefits on the work history of a deceased wife or husband.

I'm a widow. I've not worked for many years, but I'm disabled. Can I get Social Security disability benefits?

If you're over 50 and became disabled within seven years after your spouse passed away or within seven years after you last drew mother's or father's benefits from Social Security, you can get disabled widow’s or widower’s benefits. If you are age sixty-five or older, or have a disability, and very limited income and resources, you might be eligible for Supplemental Security Income benefits.

I got injured at work and I’m drawing worker's compensation benefits. Can I get both worker's comp and Social Security disability benefits?

Yes, you are able to get both at the same time. Nevertheless, either your worker’s compensation or your Social Security disability benefits will go down to make up for the dual enrollment. You don't have to wait until the worker's compensation ends. It is best to file the Social Security disability claim at the earliest opportunity because otherwise there may be a gap between the time the worker's compensation finishes and the Social Security disability benefits begin.

I am still on sick leave from my employer. Am I able to file for Social Security disability right now or am I only allowed to hold back until the sick leave is exhausted?

No, you don't have to hold off until the sick leave is exhausted. You ought to apply for Social Security disability benefits now, if you think that you will be out of work for a year or more. More info is available on the web about Worker’s Compensation at www.kassincarrow.com. Kassin and Carrow, Attorneys At Law, serve the people of St. Louis and St. Charles, Missouri, as well as Metro East Illinois.

Defining Disability

To be able to qualify for Social Security disability benefits, you need to be found "disabled" under Social Security's definition. Legally, Social Security has an extremely strict definition of who's regarded as disabled. Kassin and Carrow of St. Louis, Missouri has the following information for your benefit. To be found disabled:

• You must have a severe impairment;
• You must be unable to do significant work because of your medical condition(s); and
• Your medical condition(s) must have lasted, or be expected to last, no less than 1 year, or be expected to lead to your death.

For your son or daughter to be found disabled:

• Your son or daughter must have a physical or mental condition(s) that very seriously restricts their activities; and
• The child’s medical condition(s) need to have lasted, or be likely to last, at least 12 months or result in death.

Some applicants have medical conditions which are so serious that their conditions plainly meet disability guidelines. To quickly identify and help these people, Social Security has a list of Compassionate Allowances, or conditions that will qualify for benefits based on evaluation minimal, official medical documents. There are also 14 types of “listed impairments” where SSA will consider specific medical tests and limitations to make a quicker disability determination, without the need to give consideration to age, education, or work experience. Most kinds of health problems, however, can vary from minor to severe. This makes characterizing disability complicated, as it depends on how badly the condition or illness has affected you.

I am 60% disabled. Can I get 60% of my Social Security disability benefits?

No. There aren't any percentages of disability in Social Security disability determination. For purposes of Social Security disability benefits, you're either disabled or not disabled according to the strict Social Security standards. There isn't any percentages of disability, nor any percentages of disability benefits.

I've got a few health problems, but no single one disables me on its own. It's the combination that disables me. Can I get Social Security disability benefits?

Social Security will review the combination of impairments that an individual suffers in deciding disability. Many claimants for Social Security disability benefits have more than one health problems and the combined effects of all the health problems need to be considered.

I got hurt in an automobile crash. I am disabled now, but I expect that I will be able to go back to work after I recover. Should I apply for Social Security disability benefits?

If you expect to be needing work for a year or more on account of illness or injury, you'll be able to file for Social Security disability benefits.

I am disabled due to a mental illness. Can mental illness work as the basis for a Social Security disability claim?

Yes. Both mental and physical problems must be viewed by Social Security in assessing disability claims.

Can people struggling with alcoholism or drug addiction get Social Security disability benefits for their addiction?

Congress forbids Social Security from paying disability benefits on the basis of alcohol dependency or drug addiction by itself. Nevertheless, just like anyone else, people suffering from alcoholism or drug addiction can have heart attacks, get cancer, or get sick in various other ways. Those who become disabled apart from alcoholism or drug addiction may be qualified to receive Social Security disability benefits.

We hope that you've learned something that will help you as you seek to learn more about disability benefits. If you've got any other questions, get a hold of Kassin and Carrow, Attorneys At Law. They help people all over St. Louis and St. Charles, Missouri, as well as Metro East Illinois to get the benefits that they deserve.