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FAQ on Social Security Disability

Disability Attorney in Salina

If you have more questions or you are pursuing Social Security disability benefits please call our office at 785.825.4674. We are able to serve people in Kansas, Nebraska, Missouri, Colorado and Oklahoma.

After I file a claim for Social Security disability benefits, how long does it take the Social Security Administration to make a decision?

Usually, it takes Social Security Administration about four to six months to make a decision.

How long does it take for a Reconsideration decision?

Usually, Social Security will have a decision for reconsideration in about four to six months.

How much will my legal fees be if I file for disability using an attorney? Or How much do lawyers get paid to represent a person pursuing social security disability claim?

The fees vary by case, but attorneys are only paid if an individual wins disability benefits. All fees are determined by the Social Security Administration. Fees are never higher than $6,000 or 25% of claimant’s past due benefits, whichever is less. However, it is extremely rare that the Social Security Administration will allow fees to reach the max.

How long do I wait after becoming disabled do I apply for Social Security disability benefits?

As soon as possible. Always apply sooner rather than later and you can always apply the very same day you become disabled. The only reason not to file a claim is if you will not be disabled for more than one year or you only have one minor illness/injury. However, if you expect to be out of work, due to illness or injury, for more than one year then you should file immediately.

I have several minor health problems, but no single one which considers me disabled. Can I still apply for disability?

Yes. Social Security will review the combination of impairments to decide if they qualify for benefits.

I got hurt due to an accident and am disabled now. I do expect to be back to work in less than a year. Should I apply for disability benefits?

If you expect to be out of work due to illness or injury for more than a year you should apply for disability benefits.

I am considered disabled due to mental illness, but not physically disabled. Does the Social Security Administration consider mental illness in determining benefits?

Yes. Both mental and physical impairments are considered while evaluating disability claims.

I am disabled, but I have a large amount of money in my bank. Do I need to wait until my money is gone before I apply for Social Security disability benefits?

No. It does not matter how much you have in the bank, contact an attorney and apply immediately.

Can I receive Social Security disability benefits in addition to Medicare and/or Medicaid?

Yes. If you are eligible for Social Security Disability Insurance (SSDI) benefits you are also eligible for Medicare after a 24-month waiting period.
Most people receiving Supplemental Security Income (SSI) are eligible for Medicaid. The process in pursuing Medicaid varies from state to state. In most states, the decision is made by the Social Security Administration, but in others a separate application is needed.

The VA and/or my doctor says that I am disabled, does that mean I will automatically be approved for disability benefits?

No. The Social Security Administration has different guidelines for determining disability and often they are stricter than your doctor and/or the VA. However, they will consider your doctor’s opinion and the decisions made by other agencies.

If I am suffering from alcoholism or drug addiction can I get Social Security disability benefits for my addiction?

The United States Congress prohibits Social Security from paying disability benefits to people on the basis of alcoholism and drug addiction alone. However, if an individual develops an illness and is unable to work while suffering from addiction of any kind they can apply for disability benefits.

Also, if you develop an illness due to alcoholism and drug addiction you may be eligible for Social Security disability benefits.

My child has never worked due to being disabled from birth. Can she get disability benefits?

Possibly. If the child is under 18 and you have limited income and resources, the child may be able to qualify for SSI disability benefits. If the child is over 18, she/he may be able to qualify for SSI disability benefits without regard to the income of her/his parents. If either of her parents are 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 now I am a stay-at-home mother. I recently became sick will I be able to apply for disability benefits?

Possibly, it depends on a few items. Please contact our office for more on this.

I have never worked but I am disabled. Can I still get Social Security disability benefits?

You could qualify for Supplemental Security Income (SSI) if you are disabled and have not worked in the past. Also you may be eligible for Disabled Adult Child benefits on a parent’s work history if you are or become disabled before the age of 22.

If you are a widow/widower benefits can be based off the work history of your husband or wife.

I was hurt on the job and am receiving worker’s compensation benefits. Can I still apply for disability benefits?

Yes, you can receive both at the same time however either your workers compensation or your disability payments will be reduced to make up for duel enrollment. Keep in mind, you will want to still apply for disability benefits as soon as possible to prevent gaps between workers compensation payments and disability benefits.

If I am still on sick leave from my employer do I have to wait till it’s exhausted before I can apply for benefits?

No. You should apply now.

If you have more questions or you are pursuing Social Security disability benefits please call our office at 785.825.4674. We are able to serve people in Kansas, Nebraska, Missouri, Colorado and Oklahoma.

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