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.

SSDI And Student Loans

Recipients of Social Security Disability Benefits Could Be Qualified to Receive Forgiveness of Federal Student Loans 

An increasing number of Social Security beneficiaries have federal student loan debt, including those who are in St. Louis, St. Charles, Bridgeton, Clayton, and Creve Couer, MO. The Government Accountability Office just lately introduced a report indicating that “from 2002 through 2013, the number of individuals whose Social Security benefits were offset to pay student loan debt increased about five-fold from about 31,000 to 155,000.” Because the report notes that no more than 36,000 of those having benefits offset were aged sixty-five and older, many people with disabilities are getting their benefits garnished for student loan debt, and they might be eligible to have their debt forgiven, though they'll likely want to think about any tax consequences of discharged debt.

Certain kinds of federal student loans can be forgiven if the debtor is found to be “Totally and Permanently Disabled” (TPD). This is a different sort of standard than Social Security’s definition of disability. However, the Department of Education “will accept the specific SSA notice of award for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits as proof of a borrower’s TPD if the notice indicates that the SSA will review the borrower’s continuing eligibility for SSDI or SSI benefits once every five to seven years.” If a beneficiary has his or her Notice of Award (NOA) and it provides information about CDR schedules, obtaining a TPD is relatively simple.

If you'd like more info about receiving a Notice of Award or getting SSI or SSDI benefits, please contact Kassin and Carrow in St. Louis today to talk about your options.

Finding A Social Security Lawyer: Four Things to Consider

Choosing a representative for a Social Security case is a challenging and important decision. Representatives like those with Kassin and Carrow in Metro East St. Louis can talk to Social Security on behalf of their clients, do research on Social Security law and policy, represent their clients at hearings before Social Security Administrative Law Judges, and provide advice. Here are some things to consider when choosing to hire a representative:

Exactly what are your goals?

A typical reason individuals hire representatives is to assist with an application for Social Security disability benefits. Every case differs, but these cases will often involve a lot of medical records and can take a number of years for Social Security to decide. Some representatives only work on this kind of case. Other representatives deal with a broader range of Social Security matters: issues applying for retirement or survivors’ benefits, for instance, or issues people encounter once they are already getting benefits. Some representatives assist with issues beyond Social Security, such as workers’ compensation, estate planning, setting up special needs trusts, or getting insurers to pay for medical or other expenditures. It makes sense to speak to a potential representative what experience they have with the type of issue you are suffering from.

Is the representative a lawyer?

Some professional representatives are attorneys like those with Kassin and Carrow in St. Louis and some are not. Non-lawyers can handle some Social Security problems, but they are unable to represent clients in federal court. Prior to hiring a representative, it can be useful to talk about their training—about the law in general, and about Social Security law and policy specifically.

How does the representative get paid?

The most widespread situation in which somebody hires a representative is to assist with a claim for disability benefits. Within these kinds of cases, the representative and client will most likely sign a “fee agreement,” explaining how the representative will get compensated. Social Security claimants’ representatives generally work on a “contingency fee” basis. This means that the client does not pay whenever the representative is hired, but only if the client is awarded benefits. This is the case with Kassin and Carrow. The representative’s fees are often paid directly from any Social Security back benefits. Back benefits, also called retroactive benefits, are cash Social Security decides a claimant should receive for months before they made the decision on the benefits claim. Social Security will look at the fee arrangement, pay the representative, and then give the rest of the back benefits to the applicant.

It is essential to understand any fee arrangement before you sign it, and to go over how the representative will handle expenditures like requesting a client’s medical records. Representatives have various ways of charging their clients fees for matters aside from an application for disability benefits, especially when Social Security will not owe any back benefits even if the case is successful. It is always smart to read information about fees carefully and ask questions before signing anything. Save a copy of any agreement just in case questions come up later.

Is there a representative who can assist you?

Representatives may not be able to take each and every case that comes through their doors. Sometimes they haven't the time or expertise to handle a specific issue, or they might not feel that there's enough evidence to make the argument a prospective client wants them to make. Kassin and Carrow, helping the people of St. Louis, St. Charles, Florissant, and Chesterfield, Mo and the Metro East St. Louis area in Illinois, is here to help you and would love to schedule an appointment with you regarding your case.

The Top Questions Regarding Social Security Disability Benefits

What disability benefits are available from the Social Security Administration (SSA)?
There's two kinds of benefits available for those in the St. Louis, MO area: Social Security Disability and Supplemental Security Income. Social Security Disability is paid to handicapped workers, and in some cases their dependents, in accordance with the cash paid into the Social Security system by the disabled individual. Supplemental Security Income (SSI) is paid to disabled people that have little or no work history dependent on financial need.

Are you currently entitled to disability benefits from SSA?
If you've an ailment or injury which has prevented you from doing work for twelve months or is anticipated to prevent you from working for twelve months or lead to your death, then you may qualify to apply for Social Security Disability benefits or SSI.

Why should you apply for disability benefits?
If you are found disabled:
•   You will be qualified to receive Medicare health insurance or Medicaid dependent upon the kind of Social Security benefit
•   You may receive cost of living increases each year to your monthly disability benefit
•   You may possibly benefit from tax advantages or receive your benefits tax free
•   You might shield any future Social Security benefits (Retirement or Survivors benefits, if eligible)
•   You may be qualified to receive work incentives or vocational rehabilitation programs to assist you in returning to work
•   Your spouse or children may be eligible for benefits on your record

How exactly does SSA determine disability?
Disability is determined through a procedure called Sequential Evaluation, which is outlined below:
•   Are you working? If you are and your wages are more than nine hundred dollars monthly you generally cannot be deemed disabled. If you haven't been working, SSA continues on to the following question.
•   Is the condition “Severe”? Your condition will have to interfere with basic occupational activities for your claim to be reviewed. If it doesn't, SSA won't find you disabled. If it does, SSA will move to the next question.
•   Is your condition in the list of disabling impairments? The SSA regulations list impairments for every of the major body systems that are so severe they automatically mean you are disabled. If your condition is not in the list, SSA will have to decide if it is of identical severity to an impairment on the list. If it is, SSA will find you disabled. If it isn't, SSA will go on to the next thing.
•   Are you able to carry out the work you did in the past? If your condition is serious, but not at the same or equal extent as a condition on the list, then SSA must decide if it impedes your capability to do the work you did before. If it does not, your claim is going to be refused. If it does, SSA will go on to the next step.
•   Could you perform any other type of employment? If you can't perform the work you did in the past, SSA decides if you are able to fully adjust to other work. SSA looks at your medical ailments, how old you are, education, prior work experience and any transferable expertise you might have. If you fail to adapt to other work, your claim will be approved. If you can, your claim will be turned down.

If you're in Gasconade, Ste. Genevieve, St. Francois, St Louis, or St. Charles county and you believe you may be eligible for disability, think about calling up the law offices of Kassin and Carrow and having a totally free appointment.

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.