Social Security Disability

A large part of this firm’s practice includes Social Security Disability (SSD) claims. John has been practicing in this area of the Law for over twenty (20) years. In fact, The National Board of Trial Advocacy has asked John Kennedy to draft exam questions and to grade other lawyer’s answers to those questions. Mr. Kennedy has graded the exams of other lawyers who wish to become Board Certified Civil Trial Lawyers by The National Board of Trial Advocacy.

The Social Security Disability and Supplemental Security Income disability programs are federal programs that can provide assistance to persons with disabilities regardless of their age.

If you can no longer work because of illness or injury, you may be eligible for Social Security Disability or Supplemental Security Income disability benefits. However, even if both you and your doctors believe that you are eligible for these benefits, having your claim approved can be a very challenging process without the assistance of an experienced attorney.

The Social Security Administration considers many factors when evaluating your claim. In order to qualify for disability benefits, you must prove you are unable to perform substantial gainful employment. Even though you may be unable to perform your customary type of work, if there are other jobs you can perform which exist in the national economy in substantial numbers, you may not qualify. In other words, you must be unable to perform all gainful employment, not just your customary job.

Some of the many other factors considered by the Social Security Administration include but are not limited to; the severity of your condition, limitations caused by your condition, your age, your education, how long it has been since you last worked, and how long you are expected to be unable to work.

The threshold question as to whether or not you can file a claim for Social Security Disability benefits is whether you have paid in sufficient quarters of FICA (Social Security and Medicare taxes from employment) prior to your date of disability. Generally speaking, if you have worked five (5) out of the ten (10) years prior to your becoming disabled, you should have enough quarters to successfully open your claim.

If you have not paid sufficient FICA, you may apply for Supplemental Security Income disability benefits. The inquiry into the nature of your illness, work experience, training, education, ect. is the same. Under this type of claim, the government analyzes your financial needs.

Whereas it is impossible to state here the answer to the question "do I qualify" we would be more than happy to review your case and help you to better evaluate your claim. There is, of course, no charge for an initial consultation. The law permits attorneys to work on a contingency fee basis so it will cost you nothing out of your pocket to obtain representation. Attorneys typically charge 25% of your past due benefits which is normally paid directly by Social Security to your attorney, plus expenses(costs) to be paid directly by the claimant. These costs are usually to obtain medical records and the amounts are very nominal ($100 to $200) when compared to the amount you will receive following a favorable decision, and we don’t ask you to pay us until after you receive your benefits. And, because the fee is contingent upon a favorable outcome, there is no charge to you unless your claim is approved.

Please call us to discuss your disability claim today.