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Frequently
Asked Questions
What disability
benefits are available from the
Social Security Administration?
There
are two types of benefits, Social
Security Disability and Supplemental
Security Income. Social Security
Disability is paid to disabled
workers, and in some cases their
dependents, based on the disabled
workers earnings paid into the
Social Security system. Supplemental
Security Income is paid to disabled
individuals that have little
or no work history, and is based
on financial need.
Are
you eligible for disability
benefits under the Social Security
Program?
If
you have an illness or injury
that has prevented you from working
for 12 months or is expected
to prevent you from working for
12 months or result in your death,
then you may be eligible to apply
for Social Security Disability
benefits or Supplemental Security
Income (SSI).
Why
should you apply for disability
benefits?
| If
you are found disabled: |
- you will be eligible
for Medicare health insurance
or Medicaid depending
on the type of Social
Security benefit
- you may receive cost
of living increases each
year to your monthly
disability benefit
- you may benefit from
tax advantages or receive
your benefits tax-free
- you may protect any
future Social Security
benefits (Retirement
or Survivors benefits
if eligible)
- you may be eligible
for 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.
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How
does SSA determine disability?
Disability
is determined through a process
called Sequential Evaluation,
which is described below:
- Are you working? If
you are working and your gross
earnings are more than $900.00
per month, you generally cannot
be considered disabled. If
you are not working or your
gross earnings are below $900.00
per month due to a medical
condition, then SSA will go
to the next question.
- Is your condition “Severe”? Your
condition must interfere with
basic work related activities
for your claim to be considered.
If your condition is not severe,
then SSA will not find you
disabled. If your condition
is severe, then SSA will go
to the next question.
- Is your condition
found in the list of disabling
impairments? The
regulations list impairments
for each of the major body
systems that are so severe
they automatically mean you
are disabled. If your condition
is not on the list, then
SSA has to decide if it is
of equal severity to an impairment
on the list. If your condition
meets or equals one of the
listed impairments, then
SSA will find that you are
disabled. If your condition
does not meet or equal one
of the listed impairments,
then SSA will go to the next
question.
- Can you do the work
you did previously? If
your condition is severe,
but not at the same or equal
severity as a condition on
the list, then SSA must determine
if the condition interferes
with your ability to do the
work that you did previously.
If your condition does not
prevent you from doing your
past work, then SSA will
not find you disabled. If
your condition prevents you
from doing your past work,
then SSA will go to the next
question.
- Can you do any other
type of work? If
you can not do the work that
you did in the past, then
SSA determines if you are
able to adjust to other work.
SSA considers your medical
conditions, your age, education,
past work experience and
any transferable skills that
you may have acquired. If
you can adjust to other work,
then SSA will not find you
disabled. If you cannot adjust
to other work, then SSA will
find you disabled.
Should
you be represented by an attorney?
Social
Security rules for evaluating
disability and your work history
are very technical and complicated.
Social Security does not require
a person to be represented by
an attorney, however, the government’s
own figures show that benefits
are awarded far more frequently
to claimants with attorneys than
those claimants who chose to
handle their claims without the
assistance of an attorney. Furthermore,
the hearing before an administrative
law judge is a legal proceeding.
Every
case is different. The
role of an attorney depends
on the particular facts of
each case. Attorneys in Social
Security Disability cases do
much more than sit in a hearing
and ask a few questions. Much
pre-hearing preparation, analysis
and evidence gathering go into
adequate representation for
each case.
As
your attorney, a few of the things
we may do are:
- Gather medical or other
evidence
- Provide a thorough evaluation
and explanation of your claim
- Obtain documents from your
Social Security Disability
file
- Ask that prior application
for benefits be reopened
- Contact your doctor to obtain
a report consistent with Social
Security rules
- Prepare you to testify at
hearing
- Present an opening or closing
statement at the hearing
- Request timely appeals to
proper level of appeal
- Seek waiver of time limit
- Make sure that you receive
the correct amount of benefits
if approved
When
should you contact an attorney?
As
soon as possible after the disability
occurs to receive maximum Social
Security Disability or SSI benefits.
The earlier we are able to start
working on your case, the better
your chances of winning. Please
note that not all attorneys practice
before the Social Security Administration.
You will do best to find an attorney
familiar with the complex and
somewhat unusual Social Security
Disability regulations and procedures.
Please call Kassin & Carrow,
LLC at (618) 692-9300 or (636)
936-8300 in Missouri or (800)
273-8380.
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