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.