All About Disability Hearings

If you have been denied in the application process, you might want to request a hearing with an Administrative Law Judge (ALJ). The legal professionals at Kassin and Carrow have some important information for you with regards to this process. If you reside in Alton, Illinois or elsewhere in the Metro East St. Louis area, this information is for you.

How much time will it take to get a hearing on a Social Security disability claim?

There is some variation throughout the country, but the nationwide average is a bit over one year.

What's the Social Security hearing like?

The hearings are very informal. The only people apt to be there are the judge, a court staff member operating a tape recorder, the claimant, the claimant's legal representative, and anyone else the claimant has brought with them. In some instances, the ALJ has a physician or vocational expert present to testify at the hearing. There isn't a jury nor are there spectators at the hearing.

What are my odds of winning at a hearing?

About 50% of claimants who go to a Social Security disability hearing win. About 90% have representation from a qualified attorney like those with Kassin and Carrow at their hearing.

If the Administrative Law Judge denies my claim, can I appeal anymore?

Yes. You may appeal to the Appeals Council in the Social Security Administration.

What is the Appeals Council?

The SSA Appeals Council reviews decisions made by the ALJ. The Appeals Council is able to reverse a decision made by the ALJ. If the Appeals Council thinks more info is necessary, they could remand your claim for an additional hearing with the ALJ.

What if I disagree with a ruling made by the Appeals Council?

If you disagree with the judgment made by the Appeals Council, you can file a civil action suit in the United States District Court, and then appeal to the Circuit Court.  A Social Security disability claim could go all the way to the Supreme Court. Every one or two years, the United States Supreme Court hears an appeal involving a Social Security disability case.

Kassin and Carrow have years of experience managing all kinds of Social Security Insurance (SSI) and Social Security Disability Insurance (SSDI) claims. If you think you may be qualified to receive disability, contact them today to have them take a look at your case.

When To Apply for Disability – Top Questions

Just how long should I wait after becoming disabled before I'm able to apply for Social Security disability benefits? 

Not even a day. Generally, you should apply sooner rather than later. You can apply for Social Security disability benefits in Missouri and Illinois on the same day that you are disabled. Many individuals make the error of waiting months or even years after becoming disabled before processing a Social Security disability claim. There is no reason to file a Social Security disability claim if one has only a mild illness or one which isn't likely to last a year or more. However, someone who suffers severe illness or injury and is expecting to be jobless for a year or more should not delay in filing a claim for Social Security disability benefits.

I am disabled, but I have a sufficient amount of money in the bank for the time being. Do I have to wait until this money is gone before I apply for Social Security disability benefits?

No. If you've worked in the past few years or if you're applying for disabled widow's or widower's benefits or Disabled Adult Child (DAC) benefits, it is not important how much money you have in the bank. There is no need to wait to file for Social Security disability benefits.

May I receive Social Security disability benefits along with Medicare and/or Medicaid?

Everyone eligible for Social Security Disability Insurance (SSDI) benefits is also entitled to Medicare after a 24-month waiting period. In this waiting period for Medicare, an individual may be eligible for health insurance through a former employer. The employer should be contacted for information about health insurance coverage.

Generally, a person receiving SSI is eligible for Medicaid. In most states, a determination will be made by the Social Security administration on an individual’s capacity to receive Medicaid. However, in some states, a different application is needed. Information on SSI and Medicaid in your state is available online. It's possible to get both Medicare and Medicaid if you've got a low income and limited resources.

People in the Metro East St. Louis area from Edwardsville, IL to St. Charles, Missouri have an invaluable resource for information regarding social security disability. Contact the offices of Kassin and Carrow today for further information on how to get the benefits you deserve.

Top Social Security Disability Questions

Trying to get Social Security disability benefits is definitely a difficult process. Even though you can apply by yourself, lots of people choose to get help from a Social Security disability attorney as they go through the approval process because that makes things considerably less stressful on the applicant.

Application Steps

1.   Apply immediately if you've become disabled and expect to be disabled over a year.
2.   Your application will be assessed by a state disability agency.
3.   A decision to either award or deny benefits will be made and you'll be notified in writing, by mail. It will take between 3 and 4 months to get a decision.
4.   If your application is denied, you can appeal. You have to appeal within 60 days of the date on the denial notice.

How does Social Security determine if I am disabled?

•   When you file a claim for benefits, your application is delivered to a Social Security disability examiner at the disability determination agency in your state. The disability examiner, working with a doctor, accumulates your medical records and meticulously considers all your health problems, together with your age, education, and work experience.

•   The examiner assesses your qualification for benefits, including whether you're able to do your past work or if you are able to do other types of work.

•   The disability examiner then makes the primary decision on your application.

Why does Social Security take into consideration my age in determining whether I'm disabled?

The Social Security Act requires the Social Security Administration to consider age in identifying disability. As people get older, they become less adaptable, less able to switch to different jobs to handle health problems. A serious foot injury which might cause a thirty year old to switch to a job where he or she can sit down most of the time, may disable a 60 year-old individual that could not make the adjustment to an alternative kind of work.

Is there an index of conditions that SSA considers disabling?

Some applicants have medical conditions which are so extreme that their conditions clearly meet disability standards. To promptly recognize and assist these individuals, SSA has a list of Compassionate Allowances, or conditions that will qualify for benefits based on minimal evaluation and official medical records. Additionally, there are 14 different kinds of “listed impairments” where SSA will consider particular medical tests and limitations to produce a faster disability determination, without having to consider age, education, or work experience.  Most kinds of illnesses, however, can vary from slight to severe. This makes defining disability tricky, as it is dependent on how severely the illness or disease has impacted you.

Exactly what can I do to boost my chances of winning my Social Security disability claim?
First, be honest and complete in giving information to Social Security about what's disabling you. Lots of claimants, for example, fail to mention psychiatric issues to Social Security since they are embarrassed about them. Some individuals who were slow learners in school fail to mention this fact to Social Security, although it can have a good deal to do with whether or not the Social Security disability claim is approved.

Second, be persistent in appealing, and think about help from an attorney. Two-thirds of claims are turned down at the initial level, and many applicants are accepted at higher levels of review. A knowledgeable advocate who knows about the disability determination process like the attorneys of Kassin and Carrow in St. Louis, Missouri can help.

How long will it take before Social Security makes a decision once I file a claim for Social Security disability benefits?

Generally Social Security makes the first decision inside of four months.

Where can I go to get help with my Social Security disability claim?

For assistance, go to a lawyer or other individual that represents Social Security disability claimants on a regular basis. If you reside in Edwardsville, Granite City, or Alton, Illinois, the offices of Kassin and Carrow would be a great place to go. They have the experience you need at a price that you can afford. You can contact them by calling their offices at 1-800-273-8380.

What If You Have Been Denied?

Only about one-third of Social Security disability claims are approved at the initial level. Look at the denial notice you receive from Social Security cautiously -- it will let you know what you should do. Generally, here are the next steps to take:

1) File an appeal straight away!

If you're denied benefits at the initial level, you will want to appeal at the earliest opportunity (within two months of the date on the denial notice). In many states, you do this by filing a particular form referred to as a Request for Reconsideration. (Some states have no Reconsideration phase. In these states, you have to file a Request for Hearing prior to an Administrative Law Judge.)

2) Request a hearing before an Administrative Law Judge (ALJ)

In the Reconsideration period, your claim will be evaluated another time. If you are denied at this phase, you should file a request for an ALJ hearing.

3) Request review by the Appeals Council

If your claim is denied at the ALJ hearing stage, you've got the right to appeal to Social Security's Appeals Council. The Appeals Council reviews hearing decisions, and has the power to "remand" or send cases back to judges when they make mistakes. It also reverses decisions in a small share of circumstances. It may take about twelve months to get a decision from the Appeals Council.
If your claim continues to be rejected at this level, you can file an appeal in Federal Court.

4) Get help!

You have the right to legal representation. Start thinking about getting help from a Social Security disability attorney or representative -- the quicker the better.

How can I find an attorney to represent me on my Social Security disability claim?

Kassin and Carrow are attorneys who specialize in Social Security claims. If your home is in the Metro St. Louis region, including St. Louis, St. Charles, Chesterfield, or Ladue, Missouri, or Edwardsville, Illinois, you should give them a call toll free at 1-800-273-8380. Keep in mind, you only pay fees if you win your case!

What's "Reconsideration"?

Whenever a claim for Social Security disability benefits is rejected at the first level, the next step for a claimant in the majority of states is to ask "Reconsideration," or a re-evaluation of their case. The case is then reviewed another time and a new decision is made. Unfortunately, in almost 90% of the cases, the reconsideration decision is just like the initial decision—a denial.

How long will it take for Social Security to make a Reconsideration decision?

In most cases Social Security makes the reconsideration determination within 4 months.

How long does it take to get an ALJ hearing?

Processing time varies by hearing office. Nationally, the average processing time for an ALJ hearing in 2013 was 380 days.

Just how long does it take for Social Security to act upon a request for an Appeals Council evaluation?

About a year, possibly longer.

What is the Social Security definition of "disability"?

While millions of Americans cope with disabilities, Social Security disability benefits are limited to individuals with the most serious disabilities and health problems. Individuals who are unable to do "significant gainful activity" (defined as earning $1,040 monthly in 2013) because of one or more severe mental or physical impairments may be eligible for Social Security disability benefits. Social Security wants to make sure that everybody who gets disability benefits meets Social Security's definition of disability -- a process that typically requires a review of extensive medical and other evidence.

My physician and/or the Veterans Administration says that I'm disabled, so why's Social Security denying my Social Security disability claim?

Social Security has different, often more stringent requirements for determining disability. While it'll consider your physician's opinion or the decisions made by other agencies, Social Security must make its own decision of whether you meet the disability standard for Social Security disability benefits.

Will it help if I ask my Congressional Representative to help me get Social Security disability benefits?

Many Social Security disability claimants become fed up with claim delays and eventually ask their U.S. Representative or Senator to help. The local Congressional office typically will have staffers who're informed about Social Security procedures and personnel. A “Congressional Inquiry,” as it is called, may help to get a stalled process moving again. However, a Congressional Inquiry won't have any impact on how Social Security determines the outcome of the case.

If you have any questions regarding the SSDI or SSI application process, consider calling Kassin and Carrow in St. Louis. They are experienced lawyers who can help you get the disability benefits that you deserve.

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.