Disability & Social Security

There can be an offset, which reduces Social Security disability benefits because of worker's compensation benefits paid, but in virtually all cases, there is still some Social Security disability benefits to be paid. There is often an offset in your LTD policy, but often there is a minimum payment from the LTD policy. Caslin & Cecil can help you determine what your combined benefits should be. Please make an appointment with Caslin & Cecil to discuss disability issues.

You do not have to wait until the sick leave is exhausted. You should file for Social Security disability benefits now, if you or your doctors believe that you will be out of work for a year or more. Caslin & Cecil can help you determine what your options are.

You can file a Social Security disability claim by going to the nearest Social Security office in person and wait (often for a few hours) to see someone to file the claim in person. In the alternative, a person may start an application online at https://www.ssa.gov/ or contact Social Security by telephone at 1-800-772-1213 and arrange for a telephone interview to file the claim. Please call Caslin & Cecil if you are having problems applying.

You should file for Social Security disability benefits, if you expect to be out of work for a year or more on account of illness or injury. Caslin & Cecil can help you determine what your options are.

For Disability Insurance Benefits the benefits cannot begin until five months have passed after the person becomes disabled. In addition, benefits cannot be paid more than one year prior to the date of the claim. For a Disabled Adult Child, there is no five-month waiting period before benefits begin, but benefits cannot be paid more than six months prior to the date of the claim. SSI benefits cannot be paid prior to the start of the month following the date of the claim. Caslin & Cecil can help you determine whether you are being paid from the correct date.

Social Security's position is that it is not up to your doctor to determine whether or not you are disabled. It is up to them and they will make their own decision regardless of what your doctor thinks. Caslin & Cecil can help you gather the evidence needed to prove your disability.

Most of the application forms can be completed online, depending on the type of benefit for which you apply:

*Social Security Disability Benefits

You can complete both the Application and Adult Disability Report online.

*Supplemental Security Income (SSI)

You can complete the online Adult Disability Report. Call 1-800-772-1213 (TTY 1-800-325-0778) or contact your local Social Security Office to set up an appointment to complete the SSI application form in person or over the phone.

*Disability Benefits for Children

You can complete the Child Disability Report online. Call 1-800-772-1213 (TTY 1-800-325-0778) or contact your local Social Security Office to set up an appointment to complete the rest of the application in person or over the phone.

The amount of time it takes for an application to be approved or denied varies, depending on the level of the process at which the decision is made. The Social Security Administration estimates that the initial benefits application can take 90 to 120 days. The appeals process for denied filings can likewise take 90 days to well over a year to get a hearing, depending on location and caseloads. At the initial application level the claim actually takes depends upon how long your medical providers take to respond. We represent claimants who have applied at Henderson, Madisonville, Owensboro, Bowling Green, & Hopkinsville KY. We also have worked with the Vincennes and Evansville IN offices. Each of these SSA offices have varying case loads and different response times.

Your odds become much higher when you hire Caslin & Cecil to be your advocate. However, your odds are dismal if you are not also obtaining regular medical care. Your doctor's help can go a long way in helping you obtain disability benefits as SSA and Caslin & Cecil will be contacting your doctor for information and written statements regarding how your disability interferes with your ability to perform gainful work activity.

This depends upon how much you have paid into the social security system or if you are eligible for SSI. Under the Social Security disability insurance program, your monthly benefit amount is based on your average earnings and the taxes paid to Social Security. Under the Supplemental Security Income (SSI) program, your benefit amount depends on your income, financial resources and living situation.

Caslin & Cecil generally has a contingency fee arrangement with our clients. If we do not obtain their disability benefits, then we do not receive a fee. In addition, Caslin & Cecil SSA disability fees are controlled by law; usually SSA will withhold 25% of our successful client’s past-due benefits as our fee.

Caslin & Cecil completes most forms for our clients; we meet with you one to one to discuss the details. However, there are some forms that the clients complete, however Caslin & Cecil reviews the forms to make sure the forms present a clear picture of the client's injuries, disabilities, impairments, restrictions and limitations. Caslin & Cecil also meets with you to prepare for your hearing. We go over all the possible questions that you will be asked, what to wear, and details of your situation that you need to provide the Judge.

You will have to continue seeking medical care even if it is a local clinic. You will have to stay in touch with us letting the Caslin & Cecil staff know how you are doing and update any changes in your condition(s) and plans or treatment.

It varies depending upon the judge. However, most are 30-60 minutes long. The Judge or your advocate will ask you a series of questions. I usually give an opening statement for the judge so that he knows where in the medical records your disabilities and limitations are recorded. I also give him a preview of what you will testify about during the hearing. You then answer a series of questions under oath. SSA may have other witnesses there to answer questions for the Judge, like a vocational or medical expert.

In a typical disability hearing the judge and your attorney will take your testimony. The questions they will ask fall into four broad categories: 1) background information, 2) work history, 3) medical conditions and symptoms, and 4) activities of daily living. Background questions provide the judge general information about you. This includes items such as your education, marital status, household income, and, if applicable, any military service or past criminal charges or incarcerations. The judge might ask you whether you have used drugs or alcohol in the past. The judge should already be familiar with your work history in general from the information you provided in your application. The judge might ask for additional information such as your job responsibilities, the mental and physical demands of those jobs, and whether your medical conditions affected your job performance. This last item is the most important. Giving the judge specific examples of problems with co-workers or bosses, meeting performance standards, or attending work consistently can convince the judge that your medical conditions would prevent you from working again. The judge should also be somewhat familiar with your medical conditions as described in your medical records. Although your medical records are in your disability file, your testimony will fill in some missing details. The judge will likely ask you about how your medical conditions affect you. These are typical questions: What type of pain do they cause you? How do you try to relieve the pain? Are your medications effective? How much can you lift and carry? How long can you stand, sit, and walk? Whatever your medical conditions may be, the hearing is your opportunity to provide details about your symptoms. You may be asked about your activities of daily living. This includes everyday activities like bathing and dressing yourself, cooking, cleaning, yard work, and grocery shopping. If you have young children or disabled adults in your household the judge will likely asked detailed questions about who cares for them.