Social Security Disability

The Social Security system provides a monthly disability check to certain individuals who have worked long enough under the Social Security system and are totally disabled as per the definition in the Social Security Act. The disability must last or be expected to last at least 12 months or to result in death.

The Social Security Act defines "disability" as "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.


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COMMONLY ASKED QUESTIONS AND ANSWERS


 

COMMONLY ASKED QUESTIONS AND ANSWERS

Question: Part or all of my disability results from a work injury and I am receiving workers' compensation. Can I file for Social Security Disability?

If you would like to schedule a initial consultation contact an Kansas social security disability attorney, representing clients in Lenexa at McCullough, Wareheim & LaBunker, P.A. Give us a call at (785) 233-2362 or complete our inquiry form.


Answer

Yes, and you should do so as soon as you think your total disability will last 12 months. In certain cases the disability check would be reduced because you're receiving a workers' compensation check. However, you would still be receiving money above the work comp checks. When your work comp checks stop, you would then receive your full Social Security Disability check without a very substantial gap in payment.

Special care should be taken if an individual decides to enter into a lump sum settlement of their workers' compensation case so as to reduce and possibly eliminate any future offset. These matters are very complex and it is suggested that you consult with an attorney if this circumstance should arise.


On behalf of McCULLOUGH, WAREHEIM & LaBUNKER, P.A. we hope this material will be of benefit to you in answering your questions relative to social security disability. Contact one of our SSD claims lawyers representing clients in Lenexa, Kansas (and throughout the State of Kansas) today to schedule a free consult on your file.

 

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