Social Security Disability Claims

SOCIAL SECURITY DISABILITY (SSD) &
SUPPLEMENTAL SECURITY INCOME (SSI)

Seniors and persons with disabilities may be eligible for benefits through SSI (Supplemental Security Income) or SSDI (Social Security Disability Insurance). SSI is a needs-based program that provides financial assistance to older adults and persons with disabilities who have very limited income and resources. SSDI is a program that provides assistance to individuals based on their work/income history, whether it be through their own employment or that of a family member, specifically a spouse or parent. While both programs require the individual to suffer from a disability and be unable to engage in what the Social Security Administration calls Substantial Gainful Activity (SGA is defined as earning $1,310 or more a month from working, or $2,190 for blind people), SSI is based upon the limited resources of the individual, while SSDI is based on the work credits an individual has earned. It is important to note that an individual can be employed and still be considered disabled if they are unable to work or earn enough so that their income elevates to the level of Substantial Gainful Activity.

SSD & SSI: Application & Appeal

Both SSI and SSDI require an applicant to complete an application for benefits detailing what conditions and limitations they experience and the reason they are unable to find or maintain gainful employment. It is not uncommon for many individuals to be denied on this application initially. The process requires an individual to appeal this denial within sixty (60) days of receiving the denial. If denied on appeal from the initial application, they may then make an appeal request (also within sixty (60) days of the denial) consisting of a request for hearing in front of an Administrative Law Judge (ALJ). Many individuals who have success on their claims do so at the hearing level, and it is important to find adequate representation to develop your case and present your claim to the ALJ at this hearing.

SSD & SSI: Medicaid & Medicare

In addition to financial assistance, SSI recipients will automatically qualify for health care coverage through Medicaid, while SSDI recipients will automatically qualify for Medicare after 24 months of receiving disability payments (individuals with amyotrophic lateral sclerosis [ALS] are eligible for Medicare immediately). It is important to note that this does not mean SSDI recipients will have to be disabled for two years after being deemed disabled before becoming eligible to receive insurance benefits. This is because of ‘backpay.’

SSD & SSI: Backpay

When an individual applies for disability benefits, they can allege a disability going back 12 months before the date of their application in the case of SSDI applications and may go back to the date of the application on SSI applications. Because it can take months to receive a determination on the disability claim, individuals can receive backpay benefits for the months between the date the disability began (the Social Security Administration will make a finding concerning whether the individual is disabled and a determination as to what date they became disabled) and the date they received the decision. This is called ‘backpay.’ For example, an applicant files for disability in January and receives a decision that they are disabled in July. That decision states that the applicant is disabled and has been disabled since the date of their January application. In this situation the applicant could receive payment of benefits for the six months preceding the decision in July, which would be considered their backpay. The reception of benefits could be on a continued basis, or it is also possible to receive what is referred to as a “closed” period of disability, wherein an individual is unable to work for a specified time, which must exceed twelve (12) months. An example of a closed period would be an individual who is injured and unable to work for twelve or more months, but after that time is able to return to work and engage in Substantial Gainful Activity. In this situation the individual could apply for and receive disability benefits during the period in which they were unable to work.

SSD & SSI: Hiring an Attorney

If you seek legal counsel to assist you with your application and claim for benefits, the representation is based on a contingency fee form of payment. This means that the attorney only gets paid if you win, and in that event the attorney will only receive 25% of your ‘backpay,’ up to $6,000.00, which is the current fee limit. There are exceptions and caveats to these general principles or rules, and any individual seeking disability benefits should consult with an attorney to determine their rights and potential for success. It is also best to consult with an attorney about building and establishing your claim for disability. The Social Security administration uses a complicated sequential evaluation process involving the grouping of conditions into ‘listings’ and/or an evaluation method known as ‘the grids’, which takes into account the individuals age, past relevant work, and education in order to determine disability. Understanding this process and the evaluation methods can be complicated and seeking an experienced Social Security Disability attorney can greatly increase any applicant’s chances for success.

The best way to ensure a successful claim is to have documented medical treatment that can substantiate and verify the conditions an individual has and help establish the severity and/or extent of those conditions and limitations, as any disability finding must be founded upon documented medical treatment that establishes what conditions or limitations render the applicant disabled and when that disability began.

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Going to Court in Stone County - The Basics

The Stone County Courthouse is located at 110 South Maple, Galena, Missouri, about forty-five minutes from downtown Branson or twenty minutes from Branson West.  Stone County is in the 39th Judicial Circuit, along with Barry and Lawrence Counties, and is presided over by Circuit Court Judge Jack Goodman and Associate Circuit Court Judges Mark Stephens and Alan Blankenship.

When you enter the courthouse, be prepared to remove your belt, empty your pockets, and walk through a metal detector.  Do not wear shorts, cut off shirts, or hats into the courthouse and do not bring your cell phone inside.  Once you are through the entry, you'll head up the stairway to your left or the elevator straight ahead and to one of the courtrooms on the second floor.

If you aren't sure which courtroom you are supposed to be in, check the dockets hanging up outside each of their doorways.  Unless you're case is one of only a few types which aren't printed on dockets, you should find your name listed there along with other pieces of information about your case.  If your name isn't listed, however, don't leave.  You likely just have one of the case types that aren't listed on dockets such as paternity cases, adoptions, and a few others.  Your best bet is to ask a Bailiff or head to the Clerk's Office for help if you don't know where you are supposed to appear.

Although court is held almost every day, the first Friday of each month is typically "law day" and is especially busy as its hosts many different types of cases in front of both Judge Stephens and Judge Blankenship.  If you have an attorney, chances are good that you will be able to get in and out fairly quickly on one of these quick dockets, but that could easily change depending on why you're there.

If you have a traffic ticket or are facing criminal charges and are appearing for the first time, you will likely be in front of Judge Alan Blankenship.  Judge Blankenship also holds Drug and DWI Treatment Court in Courtroom B at the end of the hall on the second floor.  Judge Blankenship was in private practice for many years, but has been on the bench since 2002 and is highly regarded as being a very fair judge, but he expects progress and compliance.

If you are dealing with a family law issue such as a divorce, custody case, modification, or order of protection, you will most likely be in front of Judge Mark Stephens in Courtroom A on the second floor (first courtroom on the left). Judge Stephens was also in private practice before taking the bench in 2008.  He has extensive experience with family law cases and examines each family law case carefully to make sure that anything being agreed to is truly what is best for any children involved. He cares about the parties and children in his cases and it shows as he contemplates how to come to sensible resolutions in the matters before him.

Matt Selby is the Stone County Prosecuting Attorney.  His Assistant Prosecutors are Dayrell Scrivner, Brynna Howell, and John Taylor.  Matt is well respected in the community and is known for being tough, but reasonable.  The Prosecutors' Office is on the second floor on the right, just across from Courtroom A.

If you need additional information and do not have an attorney, or if you need to pay a fine or costs, you will need to visit the Clerk's Office.  Our Circuit Court Clerk is Deborah Scobee and her office is located at the top of the stairs on the second floor to the left.  If you take the elevator, you will need to take a left and then the Clerk's Office will be on your right.  You will do well to be nice to the clerks.  They work hard to keep the courthouse functioning appropriately and effectively and can be a great resource if treated with the respect and kindness they deserve.

Going to Court in Taney County - The Basics

The Taney County Courthouse is located at 266 Main Street, Forsyth, Missouri, about twenty minutes from downtown Branson.  Taney County is the only county in the newly created 46th Judicial Circuit and is presided over by Circuit Court Judge Tony Williams and Associate Circuit Court Judges Eric Eighmy and Tiffany Yarnell.

When you enter the courthouse, be prepared to remove your belt, empty your pockets, and walk through a metal detector.  Once you are through the entry, you'll most likely head up the large stairway to your right and to one of the courtrooms on the second floor, although court is occasionally held in Courtroom 4 on the main floor as well.

If you aren't sure which courtroom you are supposed to be in, check the dockets hanging up outside each of their doorways.  Unless you're case is one of only a few types which aren't printed on dockets, you should find your name listed there along with other pieces of information about your case.  If your name isn't listed, however, don't leave.  You likely just have one of the case types that aren't listed on dockets such as paternity cases, adoptions, and a few others.  Your best bet is to ask a Bailiff or head to the Clerk's Office for help if you don't know where you are supposed to appear.

Once you've located your courtroom, be sure to turn your cell phone off before you go in. One sure way to upset the judge before your case is even called is to let your phone ring while court is in session.  Don't be that person.

Each day of the week is set aside for certain case types in Taney County, although any case type can be heard on any day by permission of the Court.  Thursdays are "law days" and are especially busy as they host many different types of cases and sometimes even Drug Court dockets.  If you have an attorney, chances are good that you will be able to get in and out before lunch, but without an attorney you may be looking at waiting for your case to be called well into the afternoon.  Take this into consideration when scheduling work, child care arrangements, and other responsibilities.

If you have a traffic ticket or are facing criminal charges and are appearing for the first time, you will likely be in front of Judge Tiffany Yarnell in Courtroom 3 at the end of the hall on the second floor.  Judge Yarnell was previously a prosecutor in Taney County, however, so if your charges were filed before she took the bench in 2017 or if you have extensive prior dealings with her, you may be reassigned to Judge Eric Eighmy in Courtroom 1 on the second floor.

If you are dealing with a family law issue such as a divorce, custody case, modification, or order of protection, you will most likely be in front of Judge Eric Eighmy in Courtroom 1 on the second floor. Judge Eighmy was in private practice in Taney County for over thirty years and also acted as the Taney County Guardian ad Litem for Juvenile Cases until he took the bench in 2015.  He has extensive experience with family law cases and does not have the wool pulled over his eyes easily. He tends to be consistent, and therefore predictable, in his approach to family law cases, so if you are represented by a good family law attorney who is experienced at handling cases in front of him, such as those at Smith Law Firm, then you will do well to listen closely to their advice on what Judge Eighmy is likely to do in your case.

For general civil law issues or if you are charged with a felony and have been bound over to Circuit Court after your preliminary hearing, you will likely be in Courtroom 2 on the second floor in front of Judge Tony Williams.  Judge Williams was both a prosecutor and private counsel for many years before taking the bench and has extensive experience handling the types of matters that are before him.  He is well-respected in Taney County and is known to be tough on criminal activity.  He is also sometimes known to give second chances to those who seem like they may truly benefit from it, but is not fond of those who make him regret any leniency he grants.

Jeff Merrell is the Taney County Prosecuting Attorney.  His Assistant Prosecutors are Chris Lebeck, Tony Brown, Thomas Kondro, and Shana Mora.  Judge Tiffany Yarnell previously worked as a part of this team until she was appointed to the bench effective in January of 2017.  The Prosecutors' Office is on the first floor straight ahead from the entry to the courthouse.

If you need additional information and do not have an attorney, or if you need to pay a fine or costs, you will need to visit the Clerk's Office.  Our Circuit Court Clerk is Beth Wyman and her office is located behind the stairs on the second floor.  If you take the elevator, you will come out directly across from the Clerk's Office once the elevator arrives on the second floor.  You will do well to be nice to the clerks.  They work hard to keep the courthouse functioning appropriately and effectively and can be a great resource if treated with the respect and kindness they deserve.

(Photo courtesy of Shive-Hattery.)