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Most initial Social Security Disability claims are denied.  However, the attorneys and staff at Knox, Johnson, Rockwell and Babbit are dedicated to obtaining a successful result for our clients who are unable to work due to mental or physical illness.  We understand the importance of a disability claim and what it means to the individual.  Thorough preparation, as well as knowledge of disability law are crucial to our client’s success.  We will aggressively strive to help you work your way through the red tape of the Social Security Administration’s regulations. 
 
Call us for a free initial consultation. Call 785-841-8282 or toll free at 877-841-8282. If you prefer, you can e-mail us by clicking this link

After you've called us to schedule your free initial consultation, take a moment to read these answers to frequently asked questions about Social Security disability claims.

Q: How do I know if I qualify for Social Security Disability Benefits or Supplemental Security Income?

A: If you answer “yes” to any of the following questions, you may qualify for benefits:

* Are you prevented from working because of a physical or mental problem?

* Are you dependent of a family member who paid into Social Security but who is now unable to work due to a medical problem?

*Do you have a child living with you and your family who is under 18 years of age with a significant impairment and little or no income?

Q: How Do I Apply?

A:  Contact our office or another Social Security attorney to file your claim for you. Often an attorney can increase your chances of winning at the initial level. We can also clarify information to make your impairments clear.

Q:  Why do I need representation?  Can’t I represent myself?

A: It is possible to file the initial application yourself.  However, if the initial application is denied, an appeal is often a complex and frustrating process.  Statistics show that people represented by attorneys are more successful than people without attorney representation.   You will do best to find an experienced attorney who is familiar with the maze of Social Security regulations and the unusual procedures of the Social Security Administration.  For an  Appeal at the federal level, you must have an attorney representing you.

Q: When Do I Apply?

A: Each case is different.  Sometimes it is best to delay filing and sometimes it is best to file immediately.  We get better results when we file at the time that is in the best interest of our clients.  We can help you avoid the pitfall of  filing “too soon” or “too late.”

Q: What Do I Need to Apply?

A: We will inform you of just what you need.  Each stage of the appeals process has different requirements. 

Q: What kinds of benefits are there?

A: A person may be eligible for one or more of several kinds of disability benefits depending on the facts.  The medical rules are the same for all categories, and you must be equally disabled in each category to benefit. The non-medical requirements are different for each category. Disability Insurance Benefits (DIB) -
You are only eligible for these benefits if you have paid a certain amount of Social Security tax over a period of time and enough to have disability insurance coverage in force. In general, you must have worked and paid Social Security tax for about five out of the last ten years before you became totally disabled. Everyone must prove that he or she became disabled while disability insurance coverage was in force or they are not entitled to benefits, no matter how serious the medical condition is now. If your DIB claim is approved, the monthly payment you will receive is set by your earnings (and Social Security tax payments) during your working career. There is no minimum rate, and the maximum a person can receive depends on the amount of Social Security tax paid and the year it was paid. In many cases, your minor dependent children will also get benefits in addition to your own.

Supplemental Security Income (SSI) -
SSI can be paid whether or not a person has paid in enough Social Security tax to get disability insurance benefits. You must be disabled under the same rules as for disability insurance, or be blind, or be over 65. You must also have very little income or property, because this benefit is based on financial need. Social Security looks at all other income and property in the household you live in, not just your own, and also the value of any support (like free room and board) you may get from others, to determine whether you are financially eligible for SSI. Social Security does this in addition to deciding if you are disabled.  Also, some children 18 or younger with a severe disability can get a monthly benefit if their family income is low enough

Disability Widow/Widower Benefits (DWB) -
This is a special disability benefit for certain widows and widowers, based on the Social Security tax paid by his or her deceased spouse. In order to qualify, you must be between the ages of 50 and 60, and have been married for at least 10 years to the person who was covered under Social Security at the time of his or her death. Also, you must have proof that your disability was severe enough to meet these rules within seven years of your spouse's death, with some exceptions for those already receiving other kinds of Social Security benefits. If you are awarded DWB benefits, your monthly rate is determined by your spouse's income and Social Security tax payments. However, a surviving spouse's pension can usually be paid at the age of 60 regardless of any disability.

Disabled Adult Child Benefits (DAC) -
In order to be eligible, you must be a child of a person already receiving Disability Insurance Benefits or Retirement Benefits, or who died while covered for Social Security. You must be at least 18 years old, and you must prove your total disability began before the month you turned age 22, and is continuing. The monthly benefit rate is based on a percentage of your parent's rate. Therefore, it is different in each particular case.

Q: How do representatives who help Social Security disability claimants get paid?

A: Cases are generally handled on a contingency basis. That means the representative receives a fee only if you win your case. Normally the fee is 25% of your back benefits and must be approved by Social Security. If you do not win your case, there is no fee. There are also costs in each case for which you will be responsible. We keep those costs as low as possible, but incur them when necessary to properly prepare your case.

Q: Can I get Social Security disability benefits if I expect to get better and return to work?

A: You must have been disabled for at least one year or be expected to be disabled for at least one year.  So, if you expect to be out of work for one year or more because of illness or injury, you should file for Social Security disability benefits.

Q: I got hurt on the job. I am drawing worker's compensation benefits. Can I file a claim for Social Security disability benefits now or should I wait until the worker's compensation ends?

A: Yes, you can file. Again, each case is different, depending on your past income and the amount of workman’s compensation benefits you receive.  If your case is settled, it can most often be settled in a way to eliminate an offset against your Social Security benefits. We can work with workman’s compensation attorneys to minimize any offset.

Q: I have several health problems, but no individual one of them disables me. It is the combination that disables me. Can I get Social Security disability benefits?

A: Social Security is to consider the combination of impairments that an individual suffers in determining disability. Many, perhaps most claimants for Social Security disability benefits, have more than one health problem and the combined effects of all of the health problems must be considered.

Q: My doctor says I am disabled so why is Social Security denying my Social Security disability claim?

A: Social Security's position is that it is not up to your doctor to determine whether or not you are disabled. However, your treating doctor’s opinion is given greater weight than any one else’s opinion about your ability to work.  An attorney can take the time and effort to explain thoroughly to your doctor the importance of his opinion and how to give such an opinion. Properly written, treating doctors’ opinions can increase your chances of winning your case.

Q: If I am approved for Social Security disability benefits, how much will I get?

A: Disability insurance benefits depend upon how much you have worked and earned in the past.   Disabled widow's or widower's benefits depend upon how much the late husband or wife worked and earned.  Disabled adult child benefits depend upon how much the parent worked and earned. For all types 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 that an individual can receive.

Q: VA says I am disabled, so why is Social Security denying my Social Security disability claim?

A: It is Social Security's position that VA decisions are not binding upon them. Social Security and VA have very different standards for approving disability claims.

Q: If I am found disabled how far back will Social Security pay benefits?

A: For Disability Benefits and for Disabled Widow's and Widower's Benefit, the benefits begin five months after the date Social Security determines the person became disabled.  SSI benefits begin at the start of the month following the date the claim was filed with Social Security.

Q: What is the difference between Medicare and Medicaid?

A: The short answer is that Medicaid is a poverty program and Medicare isn't. Most disabled people who get Medicaid get it because they are on Supplemental Security Income (SSI). To get SSI and thereby get Medicaid you have to be poor and disabled. Medicaid pays doctors at very low rates. People who have only Medicaid can have a hard time finding doctors willing to take them on as patients.

Medicaid does pay for prescription medications. Medicaid can go back up to three months prior to the date of a Medicaid claim. For Medicare it does not matter whether you are rich or poor. If you have been on Disability Insurance Benefits, Disabled Widows or Widowers Benefit or Disabled Adult Child Benefits for 24 months you would qualify for Medicare. The advantage of Medicare is that it pays doctors at a higher rate than Medicaid. Almost all doctors are happy to take Medicare patients. The disadvantages of Medicare are that it does not begin until after a person has been on cash disability benefits for two years and it generally does not pay for prescription medications.

And remember…we handle Social Security disability cases on a contingency fee basis. That means that we don't get paid until you do.

Let's discuss your case during an initial consultation. Call us at 785-841-8282 or toll free at 877-841-8282. If you prefer, contact our Lawrence, Kansas personal injury and malpractice lawyers by email.

1425 Oread West, Suite 105, Lawrence, Kansas 66049
Phone: 785-841-8282 Fax: 785-841-8686