Employment Issues Questions

There are a lot of questions that can come to mind concerning Social Security disability income, or SSDI. Kassin and Carrow in St. Louis, Missouri has clarified a few of these questions below to assist you as you take on the SSDI process.

My daughter hasn't ever been able to work since she has been disabled from birth by cerebral palsy. Can she get disability benefits from Social Security?

Possibly. If the child is less than 18 and you've got limited income and resources, the child may be able to be eligible for SSI disability benefits. If the child is above eighteen, she may be able to be eligible for SSI disability benefits without regard to the earnings of her parents. If either of her parents is drawing Social Security benefits of some kind or is deceased, and the child's disability started 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 taking care of the kids. I recently became sick. Can I get Social Security disability benefits?

Potentially. If you worked five out of the last ten years before being disabled, you may have enough earnings to be eligible for Social Security disability benefits. For people 31 or less, the requirements are a bit different, since such individuals have not had such a long time to work. Unless an individual has been staying home and taking care of their kids for quite a long time, it is very possible that they'll be eligible for Social Security disability benefits based upon their own earnings. A homemaker, depending on their financial situation, may be able to be eligible for Supplemental Security Income (SSI) whether or not they have worked previously.

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

If you have got very restricted income and resources, you may qualify for Supplemental Security Income (SSI) if you're disabled, even if you haven't worked previously. It is also possible to qualify for Disabled Adult Child benefits on a parent's work history if you became disabled prior to age 22, or for disabled widow’s or widower’s benefits on the work history of a late wife or husband.

I am a widow. I've not worked in 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 husband or wife 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 not a lot of income and resources, you might be eligible for Supplemental Security Income benefits.

I got hurt on the job and I’m drawing worker's compensation benefits. Can I get both worker's compensation and Social Security disability benefits?

Indeed, you can get both simultaneously. Nevertheless, either your worker’s compensation or your Social Security disability benefits will be decreased to compensate 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 as quickly as possible because otherwise there may be a gap between the time the worker's compensation ends and the Social Security disability benefits begin.

I am still on sick leave from my employer. Can I file for Social Security disability now or have I got to hold off until the sick leave is exhausted?

No, you don't have to wait until the sick leave is exhausted. You should file for Social Security disability benefits now, if you feel that you will be out of work for a year or more.

If you reside in Edwardsville, IL, or St. Louis, St. Charles, or Chesterfield, MO and have questions about SSDI, schedule an appointment with Kassin and Carrow today.

Exactly What Are The Available Social Security Benefits?

The following information provides a snap shot of Social Security disability benefits. People may obtain benefits under either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). The law offices of Kassin and Carrow want you to be aware of what benefits are around for you to obtain.

If I'm approved for Social Security disability benefits, exactly how much am I going to receive?

•   For disability insurance benefits, the amount will depend on how much you have worked and earned in the past.
•   For disabled widow's and widower's benefits, the total amount depends upon how much the late husband or wife worked and earned.
•   For disabled adult child benefits, the total amount is determined by how much the parent worked and earned.
In general – benefits are quite modest. The average SSDI benefit for a disabled worker is approximately $1,130 per month. For a family, the average benefit is $1,919 per month.

If I'm accepted for SSI benefits, exactly how much will I get?

For all kinds of SSI benefits, there is a base amount that an individual with no other income receives. Other income that an individual has reduces the amount of SSI which someone can receive.

Under SSI, the maximum benefit for 2013 was $710 every month for an individual, just three-quarters of the federal poverty line and under $17 a day. Since a beneficiary may get less due to their earned income, or the individual’s living situation, the average SSI monthly benefit is $509 per month for an individual.

How far back will they pay benefits if I'm found disabled?

•   For disability insurance benefits and for disabled widow's and widower's benefits, the benefits can't start until five months have passed once the individual becomes disabled. Furthermore, benefits cannot be paid over one year prior to the date of the claim.
•   For a disabled adult child, there is no five-month waiting period for benefits to start, but benefits can't be paid more than six months before the date the application for benefits was filed.
•   SSI benefits cannot be paid before the beginning of the month following the date of the claim

I'm currently receiving Social Security disability benefits, but I am worried that my benefits will be halted down the road. What are the prospects of this taking place?

Social Security regularly reviews specific cases to determine eligibility for disability benefits. When Social Security reviews a case of someone already on Social Security disability benefits, they continue benefits in the vast majority of cases.

In the next several years, Social Security will be completing far more reviews of people to determine whether they are still disabled. However, most people who are reviewed will see their Social Security disability benefits continued.

If Social Security attempts to cut off my disability benefits, what can I do?

You will want to appeal immediately. If you appeal within ten days after being alerted that your disability benefits are being ceased, you can request that your disability benefits continue while you appeal the decision cutting off your benefits. If you do not appeal within the first 60 days of receiving notification, you might lose the right to appeal.

It is a wise decision to talk with a lawyer about representing you on your case, but it's a good idea to do so as quickly as possible so that you can file the appeal right away. The law offices of Kassin and Carrow have helped individuals in Belleville, Granite City, Alton, Edwardsville, Arnold, St. Peters, and St. Louis get the benefits that they deserve.

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.