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.

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.