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Frequently Asked Questions
(Social Security Claim, Disability Claim, Denial Letter, Hearing Office, Long-Term Disability, SSI/SSDI Benefits, Medical Bills, Medical Records, Medical Expert, Vocational Expert)

Smith, Montgomery & Associates, P.C., comprised of lawyers and highly-trained staff and one of the leading law firms in Southwest Missouri, is a full service law firm with over 65 years of combined experience.

What is the difference between SSDI and SSI?
Social Security Disability Insurance ("SSDI") is funded with taxes paid by employers, employees and self-employed workers. Eligibility for SSDI requires the individual to earn a sufficient amount of credits. These credits are earned on taxable work performed. Paycheck deductions for the credits are known as Federal Insurance Contributions Act (FICA) deductions. The amount of monthly disability benefit is based on the FICA earnings record of the individual. Supplemental Security Income ("SSI") is funded by federal taxes, which may also be supplemented by the state under certain circumstances. SSI benefits are based on needs and are not based on prior work history. SSI benefits and are a large part of the country's "safety net" for disabled or blind adults and children who have limited income and resources according to the program requirements.

How much will it cost me if I hire a lawyer to handle my claim?
You never pay a fee until we recover money for you. The attorney will advise you of the fees and costs involved with your case, and then you will be presented with a fee agreement to sign with the same fees discussed with the lawyer. The agreement is reviewed for approval by the Hearing Officer on behalf of the Social Security Administration. If approved, the fees contained in the agreement are the only fees that are to be paid to the attorney. No more fees can be charged to you.

How is disability defined?
According to the Social Security Act, disability is defined as, "the 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 which has lasted or can be expected to last for a continuous period of not less than 12 months." Although, there are special rules that apply when you turn 50, 55, and 60 years old, this essentially means that we have to prove you are unable to perform any full-time job that exists anywhere in the national economy. If you are over 50 years old, please contact our experienced Social Security Disability attorneys for more information about your specific situation.

I filed my disability insurance claim myself but it was denied. Should I refile?
Unfortunately, this is an all too-common occurrence for Social Security Disability claimants - the vast majority of initial applications are denied. However, if you have been denied Social Security Disability benefits in Missouri, you have 60 days from the date of the decision to file a request for hearing with an Administrative Law Judge, so refilling may not be necessary. However, time is not on your side so contact the Social Security Disability attorneys at Smith, Montgomery & Asociates, P.C., today so we can help you with your claim. An experienced social security disability lawyer will assure there are no mis-steps or missed filing deadlines and will ease your anxiety by communicating with the Social Security Administration on your behalf. At Smith, Montgomery and Associates, P.C., our Social Security attorneys are knowledgeable and well-respected by the local Administrative Law Judges. An attorney also knows about recent changes that may have a direct impact on your claim. But most importantly the lawyer understands the weight and importance of the administrative components of the process in concert with the medical component. The two are inseparable and best handled by a lawyer that understands and appreciates this fact.

What if I don't have all my medical records?
The attorney has the critical role of making sure that the correct medical records are submitted with your claim for review. This involves getting records directly from your doctor(s) so that the medical record portion of your claim file is comprehensive and accurate.

How long does the disability process take?
Since no two cases are the same, the timelines for resolving each case can vary depending on whether or not the medical record is complete or if additional medical tests are required. The Hearing Officer has the authority to order an independent medical examination which could delay the process even further.