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Blog | BurnettDriskill

Mon, 15 Dec 2025 19:45:48 GMT

Driskill Blog Update – 9.11.18

Mon, 15 Dec 2025 19:45:48 GMT

Between the date when a person is overwhelmed with health problems and cannot maintain a job until the Social Security Administration awards benefitsthere are many steps involved in securing a favorable decision.

One of the most crucial tasks is securing all the medical records that support an application for disability benefits.

When a person applies for benefits without the aid of a competent and experienced disability law office frequently many medical records are not secured and provided to the SSA. Unsuccessful applicants come to us with a claim file that is not complete. We see this a lot.

BurnettDriskill, LLC is diligent and intentional in making efforts to obtain and submit all relevant medical recordsnot just those that may have been requested by the SSA.

Short Term Changes – Phone Appointments Only

Mon, 15 Dec 2025 19:45:48 GMT

Due to health concerns associated with COVID-19, BurnettDriskill is moving all appointments to phone appointments. This is to help our clients and team maintain the social distance requested by health care professionals, local, and federal government agencies. Our lobby will not be open to the public. Please feel free to call or text us at with any questions or concerns.

Your understanding is appreciated.

Driskill Blog Update – 12.28.18

Mon, 15 Dec 2025 19:45:48 GMT

On Monday, December 17, 2018, I appeared in federal district court to present arguments on behalf of two clients before the judge on appeals filed from Social Security Administration judges denying applications for disability benefits. If a person is denied disability benefits by the SSA, our office is aggressive in filing appeals to court if we believe there is merit to an appeal and that the client can be helped.

The objective is to have an application for benefits approved by the SSA. However, there are times when a claim is denied that should be appealed to court.

A federal judge reviewing an SSA decision does not substitute his or her opinion for an SSA judge as to whether a person is entitled to disability benefits. Rather the federal judge reviews the entire SSA file — including all medical records together with the transcript of the hearing and rules as to whether the SSA followed the rules and issued a proper decision. My efforts in these types of appeals are to establish that the SSA did not consider properly evidence that supported a determination the client is disabled or that the SSA did not follow SSA rules.

The SSA is very diligent in trying to provide proper decisions. Yet, errors are made that should be appealed.

The federal judge reversed the SSA on one claim. On the other, the federal judge upheld the SSA. On the one unsuccessful appeal, we have filed a new claim. We are not giving up on that client.

The Law Office is a School House

Mon, 15 Dec 2025 19:45:48 GMT

Take Our Daughters to Work Day was created in 1992 to give girls a glimpse into the working world. The educational organization that sponsors the event added boys to the annual celebration in 2003. The day revolves around parents taking their children to work to expose students to future job possibilities and the value of education. By 2018, more than 37 million Americans at over 3.5 million workplaces participated.

COVID-19 Pandemic has increased the presence of students in the office. Many schools have alternating attendance requirements necessitating the children participate in class remotely. What does a working parent do? Our parents are allowed to bring their children to the office. We provide space and facilities for the students to attend class and study. The parents can perform their job tasks with an eye on the children.

Never did I anticipate the law office would also operate as a schoolhouse.

So far so good.

What is Social Security Fraud?

Mon, 15 Dec 2025 19:45:48 GMT

Generally speaking, fraud involves obtaining something of value through willful misrepresentation. In the context of the Social Security Administration program, the Agency policy states that fraud exists when a person with intent to defraud makes, or causes to be made, a false statement, or misrepresents, conceals, or fails to disclose a material fact for use in determining rights under the Social Security Act. Information is material when it could influence SSAs determination on entitlement or eligibility to benefits under the Act.

Examples of fraud include:

Making false statements on claims
Concealing facts or events that affect eligibility for benefits
Misusing benefits by a representative payee
Failing to notify the agency of the death of a beneficiary and continuing to receive the deceased persons benefits
Buying or selling Social Security Cards
Filing claims under another persons Social Security number (SSN)
Scamming people by impersonating SSA employees
Bribing SSA employees
Misusing grant or contract funds

We Have Moved 103 W 26th Avenue Ste 290 North Kansas City Mo 64116

Mon, 15 Dec 2025 19:45:48 GMT

On July 27th, we moved into our new home. Here are some helpful tips:

1. We are on 26th Avenue in North Kansas City. If you don’t specify Avenue, your GPS might take you to Kansas City, Kansas.
2. We are around 20 minutes from every part of the metro!
3. We have plenty of parking.
4. We are on the second floor of this building, but it is fully accessible.
5. We are ready to help you!
6. We don’t have signs on the building yet, but they are coming!

If you have any questions, please feel free to call or email us.

Do You Work for The University of Kansas Medical Center or the University of Kansas Hospital Authority?

Mon, 15 Dec 2025 19:45:48 GMT

The University of Kansas Medical Center and the University of Kansas Hospital Authority employ over a thousand people across the state of Kansas. In Kansas City, Kansas, the Hospital alone employs hundreds at its campus near 39th and Rainbow.

KUMC provides both short-term disability (STD) and long-term disability (LTD) coverage to its full-time employees. An employee may eligible for these disability benefits if they are unable to work due to a medical condition.

KUMC does not administer its own disability plans. Instead, they outsource the job to claims administrators. STD claims are run by either Aflac or The Hartford. This depends on whether the employee is covered under the University plan or for the Hospital plan. These STD plans provide benefits for up to either 13 or 26 weeks.

LTD claims are run by either KPERS or The Hartford. The LTD plans are a little more complicated than the STD plans. But most employees are entitled to at least 24 months of benefits if they are unable to work their own occupation due to a disabling medical condition. In many situations, an employee is entitled to benefits beyond that 24 month period.

Through its claims administrators, KUMC denies many STD and LTD claims. A claim can be denied for any number of reasons. The first step is to request the correct documents from the claims administrator to determine why the claim was denied.

Once the reason for the denial is better understood, it is crucial to prepare a thorough and timely appeal. This involves seeing the proper medical specialists and submitting the right documents to the claims administrators.

Our office, centrally located in North Kansas City, Missouri, has helped many KUMC employees in STD and LTD claims. If you are having trouble with any of KUMC’s claims administrators, you should consider speaking with an attorney. We would be happy to talk to you about filing a claim, appealing a decision, or considering litigation.

https://burnettdriskill.com/practice-areas-of-our-disability-attorney-teams/employment-disability-benefits/
BurnettDriskill, Attorneys

How the Stimulus Check Affects Those on Disability

Mon, 15 Dec 2025 19:45:48 GMT

The most common question right now for our disability law firm in Kansas City is how the stimulus check is going to impact those who receive disability benefits at the moment. Our groups of qualified disability attorneys in Kansas City have worked hard to gain the answers you need to feel confident about the CARES Act and what it does to you. Read on to see what social security disability lawyers in Kansas City say about this new act.

Will I Get A Stimulus Check?

The short answer is, likely. Most are going to receive a check, but it is easy to determine who is eligible through our tools. If you have a Social Security number and you are not claimed as a dependent on another tax return, you are eligible to receive the stimulus check. If you received SSDI or other disability benefits in 2019 and are not claiming any benefits, you are good to go. Always check with your accountant to see what they believe, but if you are not new to the SSI program, you may not have to file a simple tax return.

Will It Change My Disability Amount?

Your attorney for disability in Kansas City can help you find these answers as well. Generally, the stimulus check will not count as income for you and will not dock any part of your current disability. Kansas City disability law is still exploring all we can learn about this topic, but from what we understand this is how it works.

How Will I Get My Payment?

Kansas City disability law has learned that you will receive your payment the same avenue you receive your disability. Whether that be direct deposit, physical check, or an express debit card, you will receive it that way. This is to limit confusion and hopefully make it easier for you to get your additional payment.

We hope this information helps guide you in the right direction. As always, our disability lawyers in Kansas City are here to help. Give us a call today if you find challenges in this process or see how we can help.

2020 Cost of Living Adjustment: 1/65 increase

Mon, 15 Dec 2025 19:45:48 GMT

On October 22, 2019, the Social Security Administration announced a 1.6 % benefit increase for 2020. The 1.6% is effective for December 2019 SSA disability insurance benefits payable in January 2020 and effective for SSI payments made for January 2020 but paid on December 31, 2019. Let’s look at the 2020 cost-of-living adjustment (COLA).

2020 Cost of Living Adjustment

The average disability insurance benefit will be increased by $20 per month from $1,238 to $1,258.

For SSI recipients, the federal SSI maximum of $771 per month for individuals and $1,157 per month for couples will increase to $783 per month and $1,175 per month, respectively.

Another important change occurring in January 2020 is the increased substantial gainful activity (SGA) threshold: from $1,220 per month for the non-blind to $1,260 per month.

The Trial Work Period (TWP) threshold will also increase from $880 per month to $910 per month for blind and non-blind beneficiaries.

Roger Guy Burnett Retires from Burnett & Driskill

Mon, 15 Dec 2025 19:45:48 GMT

Roger Guy Burnett retired at the end of 2017. He practiced honorably and successfully as an attorney for fifty years representing persons in need of help.

His path to being a lawyer was not direct.

Roger began his career as a farmer directly out of high school. At age twenty-seven years old he had a spouse and four children. Roger relates he was sitting on a tractor one day and decided he did not want to continue in farming the rest of his life. He enrolled in school at the Kansas City, Missouri Junior College and then to Kansas City University. He graduated from the University of Missouri Kansas City School of Law in 1968. You can imagine the challenge of helping raise the children while attending school on a full-time basis.

Upon graduation, he joined Robert Sevier and William Turnage in their Liberty, Missouri law office as an associate and also was a part time assistant prosecuting attorney in Clay County.

Since 1992 through 2017, Roger Guy Burnett devoted his efforts to the representation of persons who were not able to work because of health conditions in helping them secure disability benefits administered by the Social Security Administration. The law firm of BurnettDriskill, LLC continues to represent the disabled because of the strong leadership of Roger Guy Burnett.

Were you ordered to attend a consultative exam at Midwest CES? We can help.

Mon, 15 Dec 2025 19:45:48 GMT

The Kansas City Star recently ran an article investigating exams ordered in disability benefit claims. In the Kansas City area, these exams are often performed by Midwest CES. Our office has brought lawsuits against Midwest CES and the Social Security Administration (SSA) Commissioner. Still, Midwest CES (now Summit Medical Exams) is still performing these exams.

If you were seen at Midwest CES, we would like to speak with you. We believe Midwest CESs consultative exams (CEs) do not comply with the law and do not give disability applicants a fair shake. Review of over 200 Midwest CES reports shows that they are based on an inaccurate template with canned findings that are not customized to the applicant. These findings are used against disability applicants and have resulted in unfair denials.

As of October 6, 2022, three federal judges in five separate cases have ordered SSA to provide claimants new hearings due to similar allegations. We have also brought legal actions against Midwest CES directly.

Midwest CES is treated as an expert, but it does not follow SSAs regulations. Sadly, SSA and Disability Determination Services (DDS) rely on these reports as if they are authentic. SSA and its administrative law judges cite the reports as if they are based on accurate and thorough exams. They are not.

Midwest CES sometimes scheduled dozens of disability claimants on a Saturday. Midwest CES charges SSA about $180 per claimant. That claimant gets a 5-15 minute exam. Its a waste of taxpayer money, and its damaging the claims of deserving individuals.

Midwest CES reports are not reliable evidence to decide disabled applicants livelihood.

We believe Midwest CES is violating federal law; violating standard medical practices; and violating our basic sense of decency and fairness.

We are working to put an end to practices that are unfair and appear fraudulent. If you were seen at Midwest CES or Summit Medical Exams for a CE, we would appreciate the opportunity to speak with you.

Last Few Days for The Kansas City Holiday Express!

Mon, 15 Dec 2025 19:45:48 GMT

In 2000, Kansas City Southern Railway employees learned that a local charity, the Santa Train, provided the only Christmas that some local children had. Seeing a need, a group of volunteers banded together and transformed retired rail cars into the Holiday Express to expand donations to more families.

The Kansas City Holiday express has 6 cars, including a tank car named Rudy and a little red caboose. Visitors can walk through 3 cars decorated with holiday displays and visit with Santa. At each stop, contributions are made to families who need essentials like coats, hats, and gloves.

The Holiday Express stops at 20 communities in five states, starting November 27 and going to December 22. This weekend is your last chance to get in on the fun!

This wonderful event would not have been possible without the Kansas City Southern Railway employees. If you or someone you know worked for the railroad and is seeking disability compensation, BurnettDriskill wants to help! We provide empathetic and knowledgeable disability services in Kansas City and beyond. Please text or call (816) 781-4836.

How to Keep Your Identity Safe During These Times

Mon, 15 Dec 2025 19:45:48 GMT

Staying a safe distance apart and staying home are both ways you can ensure your physical health during these times. However, there are more things than your physical health at stake during these times. Keeping your identity safe is at risk all the time, but scammers are at an all-time high knowing more people are at home right now. Here is some advice from disability lawyers in Kansas City to help keep your identity safe during these times.

With the recent stimulus checks being sent, it is essential that you do not give away your bank information to people you do not know. The IRS will not call you for your bank account number and will not keep this money from you if it is not given over the phone. You will either receive a direct deposit into your account in which your taxes went last year, or a physical check will be sent at a later date . Keep your bank account information secret and do not give unnecessary information over the phone.

The IRS will not call and demand back payment from any avenue. Whether child support, old taxes, or other income due, there will not be a phone call. Sadly, as a disability law firm in Kansas City we see many people falling victim of the scare tactics of scammers. Many will demand payment via gift cards, and many people sadly still fall into this scam. The IRS does not accept payment through gift cards, and they will not call to threaten jail time for nonpayment.

It is important to BurnettDriskill, a trusted disability attorney in Kansas City , that you can stay safe during these times. Your assets are as important to us as they are to you, meaning we want to do everything we can during these times to give you the proper information. If you are prepared to discuss either disability benefits or will planning in Kansas City , it is time to call your local expert in Kansas City disability law to see what we can do for you to keep your identity safe.

Midwest CES, Summit Medical Exams, and the Scoop on Unfair Consultative Exams

Mon, 15 Dec 2025 19:45:48 GMT

The consultative examination, or CE, is an important and necessary step for applicants seeking Social Security Disability or Supplemental Security Income. In most cases, a CE is required where Social Security does not have enough evidence to make an accurate determination as to your disability.

So, you attend the CE and all is good, right? Not necessarily. Not all examination companies comply with the law. For example, Midwest CES, recently rebranded as Summit Medical Exams, is responsible for thousands of inaccurate reports. Thats a serious problem. At BurnettDriskill, Attorneys, we have filed lawsuits against Midwest CES and the Social Security Administration. We are working to correct this practice and to ensure claimants receive fair exams that comply with the law.

If you have attended an exam at Midwest CES, Summit Medical Exams, or another SSA CE provider and were not treated fairly, please call, text, or email us.

Get To Know Andrea

Mon, 15 Dec 2025 19:45:48 GMT

We sat down with Andrea to learn more about what she does and why they are in the business of helping people with various Social Security and disability issues.

Tell us how you first became interested in practicing (social security/disability) law.
Right out of law school, I went to work for a firm on the Plaza that was primarily focused on Social Security disability law. I could tell right away that this was going to be a great field for me. I really enjoy the close relationships we develop with our Social Security Claimants. I find it very rewarding to help the Claimants develop their story, their narrative, in order to persuade the Judge to find them disabled.

What are some of the main reasons people need (social security/disability) legal help in the first place?
We cant always control the things that happen to us. Both as a consequence of age and of events, Social Security Claimants find themselves unable to sustain their past work or any other work. For this reason, Congress long ago established this program to allow the disabled to access their Social Security retirement benefits prior to retirement age. This is based upon very strict and challenging guidelines. This is the reason disabled Claimants need help to meet these standards.

If anyone has one of these issues, when should they contact an attorney?
Over the years, it has become increasingly important that Social Security Claimants get help as early in the process as possible. For one thing, they may be able to obtain benefits much more quickly if their cases is developed properly from the beginning. For another thing, as it is so very difficult to get benefits under the strict guidelines of the Social Security Act, disabled Claimants will in all likelihood need help in presenting their case in the best manner possible.

Once someone contacts you, what are the next steps? What does the process look like?
We have a whole team of people assembled to work on cases. We work together on all aspects of the case, from initial application to Federal District Court. We are committed for the long haul.

What general advice do you have for someone who thinks they might need legal help with a (social security/disability) issue?
Give us a call so we can help to guide you in beginning the process.

Get to Know Roger M. Driskill

Mon, 15 Dec 2025 19:45:48 GMT

We sat down with Roger M. Driskill to learn more about what he does and why he is in the business of helping people with various Social Security Administration and disability issues. Roger is an attorney who devotes his law practice to the representation of persons who cannot work and need help in obtaining the benefits they deserve. Heres what he had to say.

Tell us how you first became interested in practicing (social security/disability) law.

Until 1992, I engaged in a general litigation practice. It was time to focus on one area of the law and develop thorough knowledge and skills. I was always aware of the SSA disability process and had occasionally represented persons successfully making disability claims.

Disability claim representation was suited for my experience. Helping people that are in a difficult life situation is a challenge I embrace. People with bad health and no income are desperate and anxious. Representing people so they can have some stability and peace is satisfying.

What are some of the main reasons people need (social security/disability) legal help in the first place?

The Social Security Administration has over seventy million files and not enough trained staff to promptly and adequately process claims.

A person who is disabled with no knowledge of SSA disability rules cannot present the claim fully developed. Agency staff does not have the opportunity or time to help an applicant. An authority on SSA disability claim and the procedure can improve the chance to have a disability claim approved.

If anyone has one of these issues, when should they contact an attorney?

If a person cannot work because of bad health and is not likely to be able to work soon, return to work it costs nothing to make a call to a lawyer. Once questions are answered, a decision can be made whether to make a disability application and if legal counsel will be helpful. Also, many people may have other benefits to which they are unaware. An experienced attorney can guide you in pursuing other potential benefits.

Legal fees are contingent payable only if benefits are awarded.

Once someone contacts you, what are the next steps? What does the process look like?

An application is filed, or denial is appealed. A person can have a hearing with an SSA judge. SSA judges are knowledgeable and fair but it is not their job to represent a claimant only determine if they qualify for disability benefits. An experienced attorney in the SSA disability field can fully develop and present a claim to the judge.

What general advice do you have for someone who thinks they might need legal help with a (social security/disability) issue?

It costs nothing to make a phone call and ask.

ABOUT Roger M. Driskill

Roger M. Driskill is an attorney at BurnettDriskill Attorneys who devotes his law practice to disability claim representation. He has a long history of success in representing persons with disabling health and who cannot maintain full-time employment.

Roger graduated from the University of Missouri School of Law. His undergraduate degree is in Business Administration from Southwest Baptist University.

He is married, has two grown daughters, and two splendid grandchildren. He reads a lot with an emphasis in history. However, he also reads novels he avoided in college. Roger and his wife are active in their congregation.

To the Clients of BurnettDriskill, Attorneys

Mon, 15 Dec 2025 19:45:48 GMT

It is our privilege to represent persons seeking disability benefits before the Social Security Administration because of disabling medical conditions.

Many articles are published about changes in the Social Security Administration (SSA) including reduction in SSA staff and changes is procedures.

BurnettDriskill, Attorneys are supporters of and members of a national organization representing disability attorneys who practice before the SSA — the National Organization of Social Security Claimants Representatives (NOSSCR).

We received a message from the NOSSCR Chief Executive Officer David Camp on February 26, 2025. We share part of the letter with you. It is our opinion this letter is the best analysis of the SSA situation.

A Message From CEO David Camp

As many of you already know, I know Acting Commissioner Lee Dudek and speak with him regularly. Many of the reports of staffing changes and DOGE access have been wildly inaccurate . . . including a media frenzy and politicians using SSA as a prop.

On Tuesday (February 25, 2025), I met with President Trumps nominee Frank Bisignano. Mr. Bisignano is up for a full six-year term as Commissioner of Social Security, and our relationship will be of paramount importance for NOSSCRs members. After a brief withdrawal for technical nomination reasons, his nomination was received in the Senate and referred to the Finance Committee on January 28th. A hearing has not yet been scheduled, but I expect it to occur in March.

I found him to be engaging, even inspiring, regarding the potential for customer service and modernization improvements at SSA. Mr. Bisignano has an earned reputation for turning around failing companies, and for managing very large teams. He pointed out that his current company moves more money each day than SSA pays in a year, and that hes comfortable with large scale efficiency transitions, fraud prevention, and public accountability.

Its clear that the SSA phone systems, initial and reconsideration backlogs, and antiquated processing of information will all be high priorities. He was interested in our proposals for the efficient processing of disability applications. AI will be a priority, while taking better advantage of the private sectors capacity to innovate. Mr. Bisignano easily agrees that SSA must do a better job. Lastly, SSAs management structure needs to be reworked to address current priorities and to avoidfor examplehaving the disability claim process handled by five different components that dont collaborate.

SSAs staffing and management structure has failed our claimant and beneficiary populations. Much of the media reporting lately has been inaccurate. We are looking ahead to improvements at our SSA.

It wont all be smooth.

I cant promise there wont be big problems or pain caused by the current intrusion of politicians into what should be an independent agency.

Are You Eligible for ERISA?

Mon, 15 Dec 2025 19:45:48 GMT

Many questions arise when beginning to consider short-term employment disability (STD) and/or long-term disability (LTD) benefits. Where do you start? Is it a good idea? Are you eligible for employment disability?

When you first begin to notice the inability for you or a loved one to complete his/her job in any manner, its probably time to begin considering your options and eligibility for employment disability. ERISA benefits are employee benefits that provide income if an employee cannot work due to illness or an accident. These benefits may be optional or may be mandated by law in your state.

First, Be Prepared to Show Medical Records.

Eligibility for these programs varies, but the insurer will always require the employee to provide (or allow the insurer to request from the employees physicians) medical records showing that the employee is unable to perform his or her job. After the insurer receives and reviews these records, it decides whether the employee is entitled to receive benefits as a result of the disability.

Is Your Particular Employment ERISA Eligbile?

We recommend doing some research to find out if you are eligible for ERISA. This site has a good list of disabilities and common accommodations employers may use to make your work easier. The list includes disabilities ranging from depression, chronic pain, tremors, migraines, fibromyalgia, and more.

Decide if You Need Long-Term (LTD) or Short-Term Employment Disability (STD).

There is a difference when it comes to LTD and STD in terms of your qualification. Hence the need for clarification about the programs. Feel free to learn more here about how the different programs work. Our staff is experienced and can help you look through everything as well. In most cases, you will continue to receive benefits as long as you are disabled.

Disability law can be confusing and complicated. We work with hundreds of clients who are overwhelmed by paperwork and information from government agencies, insurance companies and employers. We bring our years of experience to work every day to advocate for those who need help securing disability benefits.

Schedule a free, no obligation consultation with us to see if you qualify. As a result, there is no fee until you receive your ERISA benefits. Our team of qualified individuals is ready to tackle your situation and help get you the benefits you deserve. Therefore, give us a call today to discuss how we can assist you through the process.

How Do The CARES Act and FFCRA Affect Employees?

Mon, 15 Dec 2025 19:45:48 GMT

These are strange times. COVID 19 has disrupted nearly everyone’s personal and financial lives. Millions of jobs have been lost, and the total impact is not yet known.

At the end of March 2020, the United States federal government responded. President Trump and Congress enacted the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The CARES Act is designed to help both employees and employers deal with the financial impact of COVID 19.

Most Americans now know that they can expect a stimulus deposit or check. Many have already received that money. Individuals receiving disability benefits (SSDI, SSI, STD, and LTD) are also eligible for this stimulus money. However, there is an exception for an individual receiving Social Security disability benefits who is declared as a dependent. They would not be eligible for a stimulus payment.

The CARES Act also provides incentives to employers to help retain and pay their employees. It provides payroll credits to employers to help with the cost of paying employees in the face of this economic downturn.

The CARES Act also offers supplemental unemployment benefits ($600 per week) to those laid off, furloughed, or terminated. These benefits are on top of what states normally provide. The amount of this supplemental unemployment varies by state. So someone in Kansas City, Kansas can expect different unemployment compensation that someone in Kansas City, Missouri. The rules also vary by the individual’s earnings history and their number of dependents.

Employees also receive extra help through a separate law — the Families First Coronavirus Response Act (FFCRA). The FFCRA makes extends medical leave policies already established through the Family Medical Leave Act. For example, an employee who isn’t able to work a result of health problems related to COVID 19 may receive up to 80 hours of paid leave. This is also true for an employee who isn’t able to work because they must care for a quarantined person or child unable to go to school or daycare due to COVID 19. This paid leave is a big change from traditional unpaid medical and family leave.

Having said that, FFCRA changes do not mean that all medical leave is paid — just leave the qualifies due to COVID 19. And it does not mean that furloughed employees necessarily qualify for paid leave. Instead, state unemployment and the federal unemployment supplement are more designed to help those furloughed.

These FFCRA rules can get complicated. And they don’t apply even across the board. Employers with over 500 employees are exempt, and employers with fewer than 50 employees may qualify for an exemption in certain situations. Employers that do not comply with these regulations are subject to penalties.

The CARES Act and FFCRA are here to help in these strange times. But the roll out and execution will continue to be a complex challenge. If you have questions about how to navigate these issues, please call or text our office at 816.781.4836. Our office in North Kansas City remains open and fully staffed.

You are not fine.

Mon, 15 Dec 2025 19:45:48 GMT

Ive been reading through more medical records, and I am seeing a recurrent theme: Im fine. Im doing well. Im great. Really? Because from the rest of the medical records, you are not fine.

Why do we say we are fine when we are not?

Habit: How are you? Im fine. Whats up? Nothing. How you doin? Good.

Dont say it to a medical professional if it is not true. Before you walk into your doctors office, take a mental inventory. Do you hurt anywhere? Are you depressed or anxious? Have you been having more headaches? Are you gaining a lot of weight since the last medication change?

The 15 minute appointment: A lot of doctors office a lot the amount of time a doctor can spend with each patient. Especially doctors who take low-income insurance like Medicaid. It doesnt mean they are bad doctors, but it does mean that they limit their contact with patients. When we know the doctor has little time we fall back on habit. They ask, How are you? and we fall back on habit, Im fine.

If a doctor has limited time to be with a patient, they are not asking how are you? for no reason. It is an opening for you to tell the doctor how you are feeling and what is wrong. Assume the question is the doctor being efficient not social.

The efficient doctor: Often when we meet someone, we sense their aura (for lack of a better word). A frantic person brings a level of energy with them that others respond to. An all-business doctor who comes into an examination room and asks three questions while pulling out gloves and glancing over a chart has an authority. Sometimes the doctor is already listening to our breathing or taking notes about our condition before we say anything. So when the doctor asks, How are you? We answer, Fine. Maybe it is because we feel like the doctor is not listening, maybe we do it because we trust the doctor is ready to do the exam needed to cover our issues, maybe its because we feel like his time is too valuable to take up with honestly answering the question, maybe its because we are so ready to leave the doctors office that we dont want to slow things down, or maybe it is for some other reason.

Dont be intimidated by the doctor. If the doctor asks, How are you? assume he is asking it for efficiency and answer the question thoughtfully.

Trust: This happens a lot when I am talking to people in mental health treatment. They develop a level of trust with their counselor, and when the counselor asks how they are doing, they answer. When they go to the psychiatrist to have their medications changed, they dont have the same level of trust. They believe the psychiatrist only cares about the medications. They are not there to talk about their problems just the medications.

Why does it matter if we say Im fine?

What you tell your doctors appears in the medical records. There is a standard form to many medical records. SOAP (subjective complaints, objective observations, assessment, plan of treatment). The first section is the statements you make to your doctor.

The statements you make over time add up. Lets say once every two or three months you complain to your doctor about back pain. Occasionally, you have an office visit where the back pain improves and you comment about it. Twice you complain about a shooting pain that runs down your leg to your knee. Every visit when the doctor asks how you are doing, you say fine. Despite regular complaints and even notations of improvement, the overall effect is that you are functioning well. Afterall, you are doing fine.

Doing fine does not translate well. Lets say you are doing fine because, for the last week, your pain has been managed by laying on the couch and taking ibuprofen. One day, you even felt well enough to make dinner and sit at the table with your family. For you, you are doing fine.

I was fine yesterday. I woke up 30 minutes before my alarm and spent an extra few minutes in the shower. I had coffee and time to talk with my husband before work. At work, I finished everything I had to do and talked with a few co-workers. When I got home I cooked dinner and did two loads of laundry, took my dog for a walk, and played a computer game for about an hour.
If we both were fine, how does a judge know the details behind what fine means.
If we are both fine, how does a doctor know what to look at.

Saying fine is not specific. I have been going to the same doctor since I was born. He is a general practitioner. I like my doctor. We laugh and get along well, but when I am in his office, it is clear to me that he does not have my file memorized. I often have to mention the same symptom two or three times before he responds to it. Often, when he responds it is because he sees his note from the previous time. I dont assume that he knows me and all the things we have talked about before. I cant remember what I ate yesterday much less the medical records of a client six months ago. That is why I take notes. That is why I try to reread my notes when I have scheduled appointment. I always assume I will need to remind my doctor. Its when he asks how I am doing that I give him updates and give him the first reminder.

It is in your best interest both for a disability claim and for your health care to stopping saying you are fine. If there is a time to complain about your aches and pains, it is when talking to your doctor. Dont be shy about it. If a doctor doesnt know what is wrong, he cant help.

Employment Disability – ERISA

Mon, 15 Dec 2025 19:45:48 GMT

Disability Insurance Through Your Employer – Short Term Disability and Long Term Disability

There are several types of insurance and benefits programs available to people struggling with disabilities. Many people are familiar with the Social Security Administrations programs (SSDI and SSI). But employers also often provide their employees short term and long term disability insurance benefits. These benefits work in a way that is similar way to health insurance. So long as the premium is paid on a regular basis, the employee is eligible for benefits in case he or she becomes disabled.

These employer-based disability insurance programs are governed by different rules than SSDI and SSI. Perhaps the most important difference is that the insurance company ordinarily exercises a great deal of discretion in its decision to award or deny benefits to the employee. In other words, the insurer itself evaluates the employees medical records and weighs the evidence in its decision whether or not to pay the employee.

What can cause an insurer to deny benefits?

One of the most common reasons insurers deny benefits has to do with the evidence of the disability. Insurers require objective evidence of an employees disability. In other words, insurers will investigate the employees medical records for tests and measurable forms of evidence that document the employees impairments. If the insurer does not find objective evidence of the employees impairments, it is likely to deny the claim for disability benefits.

Objective evidence is to be contrasted with subjective evidence. Subjective evidence consists of statements and complaints made by the person suffering from a disability. By themselves, the statements and complaints do not serve as proof of an impairment. For example, the person suffering from a disability may inform his or her doctor that he or she experiences back pain. Subjective statements are sometimes verifiable or quantifiable. The person experiencing back pain may undergo tests that reveal abnormal or damaged discs in his or her back. However, in other cases there might not be objective evidence corroborating the persons subjective complaints. This is common in cases involving chronic fatigue, fibromyalgia, headaches, and sometimes in the early stages of multiple sclerosis.

What can you do?

In cases lacking objective evidence, an employee can improve his or her chances of receiving benefits by explaining in detail to his or her physician in detail the symptoms he or she is experiencing. It is important to be complete and truthful. The physician should be informed of all information about any pain, cognitive difficulties, difficulty moving, and difficulty remaining seated. While insurers may still choose to gloss over these statements (writing them off as mere subjective complaints), they are a necessary minimum to establishing a successful claim for benefits. The statements are also likely to be taken more seriously by the insurer if they were made well before the employee applied for disability benefits. In other words, the insurer may take into account an employees motivation for making statements.

Insurers also conduct surveillance on employees seeking benefits. While it may sound shocking, it is common in long term disability cases. If the insurer discovers that the employee behaved in a way that that insurer interprets as being inconsistent with the employees subjective complaints, the insurer will use that inconsistency as a reason to deny benefits. The private investigators used by insurers will observe the employee around the employees home and when he or she is in a public place.

An insurer who is adamant on denying an employees claim for benefits will often be able to do so (at least at first). However, the insurer may later change its tune if the employee took adequate precautions. Those precautions include speaking to physicians at the early stages of an impairment, providing those physicians complete information, remaining attentive to symptoms, and being sensitive to the fact that the insurers investigators may be observing every move.

Does My Military Service Count for Government Retirement?

Mon, 15 Dec 2025 19:45:48 GMT

Military Service Credit for Federal Civilian Retirement Years In Military Count For Government Retirement

If you have performed honorable active military service after December 31, 1956, and have now accepted a position within the federal government, your active duty time will count toward your federal retirement pension. As an example, if you attended a United States Service Academy for four years, graduated, and then served five years in the military honorably, those nine years will count toward your federal retirement, even though the four years at the service academy do not count toward time served if accepting a twenty year retirement for military service.

For the Civil Service Retirement System (CSRS) purposes, crediting of post 1956 military service depends on the following:

Making Deposits Is Required

Federal Employment Before 1 Oct 82. Generally, if you were first employed in a position covered by CSRS before October 1, 1982, you may receive credit for your post 1956 military service if you retire from civilian service prior to age 62. However, if you do not make a military service deposit prior to separation from Federal employment, the military service will be eliminated from the computation of your CSRS annuity when you reach age 62, if you are entitled to Social Security benefits.

Federal Employment After 1 Oct 82. Generally, if you were first employed in a position covered by CSRS on or after October 1, 1982, you will not receive credit for post 1956 military service for any retirement purpose unless you make a military service deposit prior to separation from Federal employment.

The amount of the deposit is a sum equal to 7-percent (special category employees may pay a higher amount) of the military basic pay earned during the period of military service, plus interest.

Current Programming

For the Federal Employee Retirement System (FERS) purposes, crediting of post 1956 military service depends on the following:

Generally, if you were automatically covered under the Federal Employees Retirement System (FERS) on January 1, 1987 or at any time thereafter, you must make the military service deposit prior to separation from Federal employment to receive credit for any retirement purpose. Military service is credited under FERS rules if it was performed after you became covered by FERS or you had less than 5 years of civilian service (other than CSRS Interim or Offset service) upon becoming covered by FERS.

The amount of the deposit is a sum equal to 3-percent (special category employees may pay a higher amount) of the military basic pay earned during the period of military service, plus interest.

If you receive military retired or retainer pay, you will not receive credit for any military service unless certain conditions are met or apply.

Making Deposits Why You Should

Making a deposit for post 1956 military service allows you to receive permanent credit for military service under your Federal civilian retirement system, and the military service remains creditable for Social Security purposes. Making a deposit early helps to avoid the accrual of additional interest. The rate of interest charged on post 1956 deposits changes annually. This interest accrues and compounds annually on your Interest Accrual Date (IAD). Your first IAD is the date 1-year after the date the interest-free grace periods ends.

You will be given the option to make the deposit in one lump sum or through payroll deduction. All post-56 military service deposits must be made to the Defense Finance and Accounting Service (DFAS) before separation from Federal employment. Even if you dont plan to retire or leave Federal service soon, it is a very good idea to at least obtain the amount of your military earnings so that the deposit can be computed more easily. To process the deposit, we can use your actual military pay vouchers for complete periods of military service in computing the military deposit or you can obtain a certified estimate of your military earnings from the appropriate branch of service.

The DLA Human Resources Center, Customer Support Offices (CSO) can provide instructions for obtaining the certified estimate.

Once you do complete the deposit, the DFAS payroll office will send you a receipt that indicates that your deposit was paid in full, the amount paid and the period of service the deposit covers. Once you receive the receipt you will need to forward a copy to the CSO office that services you and it will be filed in your Official Personnel Folder as a permanent record. The office needs this information from you in order to determine whether you can receive credit in your CSRS or FERS retirement benefit.

When an individual leaves Federal service or moves to another payroll office, their payroll records are closed out and sent onto the Office of Personnel Management (OPM) . OPM will maintain these records until the individual applies for retirement, requests a refund or dies.

Procedures For Making Deposits

If you are within six months of retirement, you should submit your request to make the deposit when submitting your application for retirement. You should apply to make a payment by completing a Standard Form 3108) Application to Make Service Credit/FERS. You will be notified of any amounts due so you can decide whether or not to make the payment. You will not be authorized regular retirement annuity payments until the process and deposit payment are complete.

What To Do After A Denial Of Your Claim For Short-Term Or Long-Term Disability Benefits

Mon, 15 Dec 2025 19:45:48 GMT

You have jumped through every hoop, dotted every i, and crossed every t, but now the insurance company has informed you that your claim for short-term disability (STD) or long-term disability (LTD) has been denied. Whats next?

Most disability policies, and the federal law that governs many of them (the Employee Retirement Income Security Act, or ERISA) provide that you have the right to appeal the insurance companys initial denial of your claim. If your claim is governed by ERISA, you have 180 days from the date you receive the denial to submit an appeal to the insurance company. This is a strict deadline. If you submit your appeal on the 181 ^st day, the insurance company is not required to consider it.

What is the first step in preparing your appeal? If you did not receive the denial in writing, insist on a denial letter. The denial letter is supposed to inform you of all of the reasons why your claim was denied and your rights to appeal the decision. The letter will also tell you where to submit your appeal its likely a different location than where you had been sending claim documents.

The denial letter will also inform you of your right to obtain a copy of your claim file from the insurance company. This is an important right. The claim file is supposed to contain everything that the insurance company considered in making its decision emails, claim f0rms, authorizations, medical records, a copy of the policy, and other relevant information. Reviewing the claim file can tell you what evidence the insurance failed to consider or whether it even bothered to obtain your medical records. The claim file will help you determine whether you need to submit additional evidence when you submit your appeal.

An important consideration during the appeal process is determining whether you need additional evidence in support of your claim, and how to obtain it. If you are still under the regular care of a physician while your appeal is pending, it is almost always advisable to schedule one or more office visits before your appeal is due so that you can submit those records with your appeal. If you told the insurance company during the claim process that you had been seen by a specific provider, but their records are not in the claim file, you should request those records as well.

If you dont appeal the insurance companys denial, you will not preserve your right to sue them in court later if your appeal is denied. For this reason, insurance companies do things to discourage you from submitting a thorough appeal. Some companies will provide a one-page form and tell you that all you need to do is complete the form to satisfy the appeal requirement. However, good appeals are much longer than one page. There is no requirement that you utilize a specific form when submitting your appeal.

Finally, your appeal should focus on the denial letter and explain why the reasons listed for the denial are not applicable or are erroneous. The appeal is handled by a different department of the insurance company, and believe it or not, some companies will admit they made a mistake in initially denying your claim when provided with a persuasive appeal.

Appealing an initial denial of a disability claim is an extremely important part of the claim process and can be overwhelming, especially if you dont know what evidence you need or what arguments to make. If you have been denied benefits and need to prepare an appeal, our team can help you increase your chances of finally getting approved.

Have You Been Denied Short Term or Long term Disability Benefits?

Mon, 15 Dec 2025 19:45:48 GMT

Have you received a letter from your disability insurance company denying your claim or ending your disability benefits?
Have you received a letter from your disability insurance company threatening to deny your claim or to end your disability benefits?
Has a representative from your disability insurance company said something to you that makes you think that they will end your benefits?

If you answered Yes to any of these questions, your short term disability (STD) or long term disability (LTD) benefits may be in jeopardy.

Our office can help. We are disability attorneys that serve the Kansas City area. We have represented hundreds of clients in STD and LTD appeals and in lawsuits against insurance companies that deny disability benefits.

If you have received a letter from your disability insurance company, we welcome the opportunity to review that letter with you and discuss your options. Because these claims have strict deadlines, it is important to get an early start on the appeal process.

Appealing an STD or LTD claim will involve a few different steps. Our office can help with that disability appeal process. We can request the disability insurance policy, the insurance companys file, medical records, and work to strengthen your claim.

Most STD and LTD claims are governed by the Employee Retirement Income Security Act (ERISA). ERISA is a unique federal benefits law. Its special rules can be complicated, and our disability lawyers will help you through the appeal process.

If you have a final denial on your disability claim, we would be happy to discuss the possibility of filing a lawsuit against the insurance company. Because of ERISAs rules and deadlines, it is important to discuss a denial letter with an attorney as early as possible.

We have helped clients dealing with many insurance companies, including:

Aetna
Assurant
Cigna (LINA)
Disability Management Services
Disability Reinsurance Management Services
Guardian
Hartford
Liberty
Lincoln
MetLife
Principal
Prudential
Reliance
Sedgwick
Standard
Sun Life
Unum

Please contact our office to schedule a consultation. Our office is a full scale disability law office located in North Kansas City, Missouri. In addition to the practice of STD and LTD, we represent clients in Social Security disability appeals, VA claims, Railroad Retirement Board claims, and other areas of disability law.

BurnettDriskill, 101: The Basics of Our Programs

Mon, 15 Dec 2025 19:45:48 GMT

One of the many things that set Burnett Driskill apart from other disability law firms is our accessibility and transparent communication with our clients. It is in our core values to not only work with a sense of urgency and responsiveness but also to provide the level of service youd want for your family. That is why we are proactively sharing and answering some of the most frequently asked questions we encounter when helping people with their disability claims. We hope that by walking you through the basics of our programs you will gain a better understanding of your options and what you can expect when choosing to work with Burnett Driskill.

What are the basics of our programs?

Social Security vs. Supplemental Security Income

When it comes to Social Security there are two disability programs, Social Security Disability Insurance and Supplemental Security Income. Social Security Disability Insurance is based upon your work history and can be limited by when you became disabled, how much you worked, and when you stopped working. Supplemental Security Income is based on your financial need and your disability. If your medical conditions prevent you from working, you could be entitled to benefits from the Social Security Administration.

ERISA

The Employee Retirement Income Security Act, ERISA, applies to private short-term and long-term disability coverage. The rules for disability under ERISA are based upon the policy, employee benefit plan, or insurance contract.

Federal Disability

Employees of the federal government have disability annuity retirement benefits after being an employeetypically a five-year minimum period is required.

Railroad Disability

Employees of railroad with at least five years of employment are eligible to make an application for disability annuity retirement benefits. Surviving spouses who are disabled of deceased railroad workers may also be eligible for a disability benefit. This is a separate program from Social Security Administrations (SSA) disability programs.

Veterans Disability: Service-connected vs. Non-service-connected

Disabled veterans are eligible for benefits through the VA, which assigns service connections and disability ratings. There are two types of veteran disability claims a Service-Connected disability or a Non-service-connected disability. A service-connected disability must be related to an injury or illness that occurred or was aggravated during service. A Non-service-connected disability is a needs-based program for veterans with war-time service based on their disability and age.

The rules for each program are different and you may be eligible to receive benefits under more than one program. Our legal team has years of experience in helping people get the benefits they deserve. If you have any further questions about the specifics of each program and where your unique situations might fall, call us at (816) 844-3401 to set up a free consultation.

The Pandemic

Mon, 15 Dec 2025 19:45:48 GMT

The Pandemic by Cieraa T Knighten

There’s a pandemic going on

And I am not just talking about COVID-19 I am referring to the one that has been going on for more than 400 years. Racism has been a disease , for not just Americans, but for the entire world. Now, you may be saying I am so tired of hearing about racism ! Well, me too, but I dont have the luxury of just turning off the television or ignoring a blog postI live it every day.

Do you know what it feels like to be afraid to apply for a professional job because you are apprehensive that they would not hire you due to the color of your skin? NoWell, I have. I was extremely nervous about applying to be the new receptionist for BurnettDriskill. Its a disability law firm and being a receptionist, you are the first person people see and speak with.

Being black , you often are told you have to have your hair in a professional, neat or tamed way to work in an office setting. Nothing about my hair is tamed or neat. I have thick curly hair but I decided to wear my hair into small locs (which some may refer to as dreadlocks). Plus, I have dark skin; I dont look like the normal fair-skinned woman you normally think about at a receptionist desk. In my mind, I thought What if I dont get hired because I am black? Its sad but true. Luckily, they did not view me as just a black woman. They viewed me as a woman who is hardworking and motivated to work. I absolutely love working for BurnettDriskill.

Unfortunately, worrying about if we can get a job or not is the LEAST of our worries.

Every day we are faced with adversities and fears because of our history and what we see on the news every single day. We worry about fitting the description. We worry if jogging in a nice neighborhood would be suspicious (Ahmaud Arbery). We worry about driving (Philando Castile and Sandra Bland). We worry about sitting in our living room eating ice cream (Botham Jean) or (Breonna Taylor) sleeping in bed. We worry about getting put down like animals by police officers (George Floyd).

Whether the world would like to acknowledge it or not, we know that white supremacy is real and that racism still exists. It hurts to know that some white people think we are overdoing things and that we are over exaggerating. Honestly, thats what we have been told many times over. But I am here to say I STAND WITH EVERY PROTESTOR. We are tired. We are tired of seeing #(Black Person Name). We are tired of not seeing justice for our black people who have been victims of police brutality. We are tired of being seen as less than when in reality we had played a major role in this country. We are tired of being racially profiled.

That is why we march .

That is why we protest .

That is why we are rightfully angry.

We have been underdogs since we were human trafficked over here. Now, we are standing together to change the world with unity. Whats different about this protest than prior ones? The entire world is protesting with uspeople of all colors are starting to see the real issues. We are organized and peaceful. There are businesses that are standing with uslike BurnettDriskill. There are cases that were closed that are being reopened that had racial motives. The protesting is working and we cant stop until #BlackLivesMatter . We cant stop until the police change how they detain suspects. We cant stop until we have the same rights as white people. WE. CANT. STOP.

Understanding ERISA and Its Impact on Disability Benefit Claims

Mon, 15 Dec 2025 19:45:48 GMT

When an individual becomes unable to work due to a disability, they often turn to disability insurance benefitswhether through a private policy or an employer-sponsored planfor financial support.

However, many do not realize these claims are frequently governed by a complex federal law known as the Employee Retirement Income Security Act (ERISA). Enacted in 1974, ERISA sets standards for employee benefit plans, including disability insurance, and significantly influences how claims are processed, denied, or appealed. For anyone navigating this process, understanding ERISAs role and the value of legal representation can make all the difference.

What Is ERISA and How Does It Apply to Disability Claims?

ERISA is a federal statute designed to protect employees by regulating certain employer-sponsored benefit plans, such as health insurance, retirement plans, and long-term or short-term disability insurance. If your disability benefits come from a plan provided by your employer, chances are they fall under ERISAs jurisdictionunless you work for a government entity or religious organization, which are typically exempt.

While ERISA was intended to safeguard employee rights, its rules can create significant hurdles for claimants seeking disability benefits. Unlike state insurance laws, which often provide consumer protections, ERISA overrides state regulations for covered plans. This means that traditional legal remedieslike suing for bad faith denial of a claimare often unavailable. Instead, ERISA imposes its own framework for how claims are handled, reviewed, and disputed, which can be highly technical and unforgiving.

How ERISA Affects Disability Claims

ERISA affects disability claims in several different ways:

Strict Deadlines and Procedures

ERISA imposes rigid deadlines for filing claims and appealing denials. For example, if your claim is denied, you typically have just 180 days to file an administrative appeal with the insurance company or plan administrator. Missing this deadline can forfeit your right to challenge the denial, no matter how valid your case may be.

Limited Evidence in Appeals

Under ERISA, the administrative appeal is often your only chance to submit evidencelike medical records or expert opinionssupporting your disability. If your case later goes to federal court, judges usually will not consider new evidence beyond what was included in the administrative record. This makes it critical to build a strong case from the outset.

Deferential Standard of Review

Many ERISA plans grant the insurance company or plan administrator discretionary authority to interpret the policy and decide claims. When this clause exists, courts reviewing a denial will often defer to the insurers decision unless deemed arbitrary and capricious. This high bar makes it harder to overturn a denial, even if the decision seems unfair.

No Jury Trials or Punitive Damages

ERISA claims are typically decided by a federal judge, not a jury, and successful claimants are limited to recovering the benefits owedplus, in some cases, attorneys fees. Unlike state law claims, you cannot seek punitive damages or compensation for emotional distress, even if the insurer acted in bad faith.

Why You Need an Attorney for ERISA Disability Claims

Given ERISAs complexities, pursuing a disability claim without legal help can feel like navigating a maze blindfolded. Here is why partnering with an experienced attorney is essential:

Mastering the Process

An attorney familiar with ERISA knows the procedural pitfallslike filing deadlines and evidence requirementsand can ensure your claim or appeal is handled correctly from the start. A single misstep could jeopardize your case.

Building a Strong Record

Since ERISA limits what courts can review, an attorney will work diligently to compile comprehensive medical evidence, vocational assessments, and expert testimony during the administrative phase, maximizing your chances of success.

Countering Insurance Tactics

Insurance companies often deny claims or undervalue disabilities to protect their bottom line. An attorney understands these strategies and can advocate effectively on your behalf, challenging improper denials with legal expertise.

Leveling the Playing Field

ERISAs rules heavily favor insurers and plan administrators, who typically have vast resources and legal teams. An attorney evens the odds, ensuring your rights are protected, and your voice is heard.

Navigating Federal Court

If your appeal is denied and litigation becomes necessary, an attorney can represent you in federal court, crafting arguments tailored to ERISAs unique standards and case law.

Do Not Go It AloneSeek Expert Help

Disability claims under ERISA are not a DIY project. The laws intricacies, combined with the high stakes of securing benefits you are entitled to, make legal representation a wise investment.

At BurnettDriskill, Attorneys, our experienced attorneys specialize in ERISA disability claims and are committed to helping clients overcome denials and obtain the benefits they deserve.

If you are facing a disability claim or appeal, contact us today for a consultation. Let us guide you through the process so you can focus on what matters mostyour health and well-being.

Attention Walmart Employees!

Mon, 15 Dec 2025 19:45:48 GMT

One question we often get here at our disability firm is “Does Walmart provide its employee disability benefits?”

Many people know that the Social Security Administration has a disability benefits program. But fewer people know that employers, such as Walmart, also have disability benefits programs.

As one of the largest companies in the United States, Walmart employs over one million people. There are more than 10 Walmart stores in the Kansas City area alone. Most of these Walmart employees are eligible for disability benefits if they become unable to work due to a medical condition.

Walmart provides both short-term disability (STD) and long-term disability (LTD) coverage to most of its full-time employees. Employees who are receiving medical treatment for a condition that prevents them from working are entitled benefits. The standard benefit is typically 50% of normal pay. However, employees who buy up and elect more coverage may receive a 60% benefit.

Walmarts Disability and Leave Service Center handles the intake of disability claims. The STD claims are run by Sedgwick Claims Management. An eligible Walmart employee may receive STD benefits from Sedgwick for up to 25 weeks. After STD expires, if an employee remains disabled, they may be entitled to LTD benefits.

Walmarts long-term disability LTD claims are run by Lincoln National Life Insurance Company (formerly a part of Liberty Mutual). The LTD program is a little more complicated than the STD program. But most employees are entitled to at least 12 months of benefits if they are unable to work their own occupation due to a medical condition. In many situations, an employee is entitled to benefits beyond that 12 month period.

Sedgwick also runs Walmarts leave of absence program, which is related to the STD and LTD programs, but isnt exactly the same. Combine these with the Walmart Accommodation Service Center, it can all become confusing very quickly.

Through Sedgwick and Lincoln, Walmart denies many STD and LTD claims. A claim can be denied for a variety of reasons, and it is important to request the correct documents from Sedgwick and Lincoln to determine why the claim was denied. If a claim is denied, it is crucial to prepare a thorough and timely appeal.

Walmart disability claims are governed by the unforgiving Employee Retirement Income Security Act (ERISA). ERISA can be difficult to understand, and there are special rules that an employee needs to observe in pursuing a disability claim.

There are thousands of Walmart employees in the Kansas City area, and our office has helped many of them in STD and LTD claims. If you are having trouble with the Walmart Disability and Leave Service Center, Sedgwick, or Lincoln, you should consider speaking with an attorney. We would be happy to talk to you about filing a claim, appealing a decision, or considering litigation.

Get To Know Our Attorney, Kyle H. Sciolaro

Mon, 15 Dec 2025 19:45:48 GMT

Kyle H. Sciolaro is an attorney at BurnettDriskill Attorneys who specializes in Employment Disability, State and Local Employee Disability, Private Disability .

Law school: University of Kansas.

Undergrad: University of Kansas.

Family: Wife and two cats.

Hobbies: C ompetitive ballroom dance, chess, neuropsychology, philosophy, and Smash Ultimate.

We sat down with Kyle to learn more about what he does and why they are in the business of helping people with various Social Security and disability issues. Heres what he had to say.

Q. Tell us how you first became interested in practicing (social security/disability) law.

A. After graduating law school, I practiced indigent criminal defense in Wyandotte County, Kansas. After several years, I needed a change. I knew that I wanted to continue helping the disadvantaged, and disability law has been that opportunity.

Q. What are some of the main reasons people need (social security/disability) legal help in the first place?

A. In our ERISA short-term disability (STD) and long-term disability (LTD) claims, many clients I represent did not know that they had benefits in the first place. In these claims, knowing where to knock is the first step in helping clients. From there, we aim to provide peace of mind, assist in completing confusing paperwork, and coordinating with medical professionals. STD and LTD claims work a little differently than Social Security disability claims. Most STD and LTD claims are governed by ERISA. ERISA can be tricky and unforgiving, especially in the appeals and litigation stages. I strive to make the entire process more manageable.

Q. If anyone has one of these issues, when should they contact an attorney?

A. Its never too soon to ask for guidance on how to approach a disability claim. If you enter the claims process informed and prepared, your chances of success will be greater. I routinely consult with individuals who are still working and want to make sure that they are discussing their conditions and treatment appropriately with their medical providers. It is easier to prevent mistakes in disability claims than it is to correct them after theyve already

been made.

Q. Once someone contacts you, what are the next steps? What does the process look like?

A. With STD and LTD claims, the process depends a lot on what stage (pre-filing, initial claim, appeal, or litigation). But in any case, I get to know my client, their background, their medical circumstances, and their preferences. Sometimes this means quickly setting up a conference. Sometimes it means exchanging detailed emails. Sometimes its just several text messages. Flexibility is important.

Q. What general advice do you have for someone who thinks they might need legal help with a (social security/disability) issue?

A. Make your complaints known to your medical providers, even if they arent able to make you feel better. An appointment with your doctor can be helpful to your claim even if it is not therapeutically helpful to you at that moment. Similarly, try to get an understanding for how your medical providers view your conditions and whether they are supportive, neutral, or opposed to the disability claims process.

Are Your Short Term Disability or Long Term Disability Benefits in Jeopardy?

Mon, 15 Dec 2025 19:45:48 GMT

By: Kyle Sciolaro

Have you received a letter from your disability insurance company denying your claim?
Have you received a letter from your disability insurance company ending your disability benefits?
Have you received a letter from your disability insurance company threatening to deny your claim or to end your disability benefits?
Has a representative from your disability insurance company said something worrisome to you over the phone?

If you answered Yes to any of these questions, your short term disability (STD) or long term disability (LTD) claim may be in jeopardy.

STD and LTD benefits are usually offered by your employer as a part of your benefits options. These benefits are different from what the Social Security Administration (SSA) provides through the SSDI disability insurance program or the SSI disability program.

If you have applied for or received benefits from the following insurance companies, this article may apply to you:

Aetna Life
Assurant
Cigna (LINA)
Disability Management Services
Disability Reinsurance Management Services
Guardian
Hartford
Liberty Life
Lincoln Life
MetLife Prudential
Principal
Prudential
Reliance
Sedgwick
Standard
Sun Life Mutual (United) of Omaha
Unum

What Can I Do?

First, if you have received a letter from your insurance company denying your claim or ending your benefits, it is critical that you fully read the insurers letter. If the insurer made mistakes in the letter or left things out of the letter, make note of those.

It is also essential that you review the date of the letter itself, as well as the amount of time that you have to appeal the decision. These two dates will usually tell you when your appeal would be due.

Consider your recent medical appointments and whether your insurer has all the relevant evidence. It is likely that they do not. Also, consider whether your physicians responded to any forms that your insurer sent to them.

How Much Time Do I Have for an Appeal?

Most STD and LTD benefits are governed by the Employee Retirement Income Security (ERISA). It is a federal benefits law. ERISA requires disability insurers to abide by certain rules and regulations. One of the most common rules is that the disability insurer allows you 180 days to submit your STD or LTD appeal. This 180 day ERISA period begins on the date of the insurers denial letter (or sometimes on the date you receive it).

However, it is possible that you have fewer than 180 days to submit your STD or LTD appeal. Again, please review the insurers letter carefully. If you are unsure, contact an attorney. Our office regularly appeals STD and LTD claims.

Missing your appeal deadline will prevent you from later appealing the decision. It will also prevent you from later bringing a lawsuit against the insurer. These deadlines are not forgiving. If an appeal deadline has expired, it is nearly impossible to keep a claim alive.

What Is an Appeal, and What Goes Into It?

An appeal with the insurer is the opportunity to have benefits awarded (either for the first time or their reinstatement after they end). The insurers letter should tell you what they require to award benefits. However, there are often other kinds of information, documents, and evidence that will also help in an appeal. The insurers letter will not address each possible individual source of helpful evidence.

Each claim will require somewhat different types and degrees of evidence. However, as a general rule, medical records; treatment notes or progress notes; medical opinion letters; medical assessments; medical evaluations; functional capacity evaluations (FCE); neuropsychological evaluations; and some kinds of non-medical evidence.

Your STD or LTD claim file with the insurer is also an essential part of preparing an appeal. A claim file will contain the insurers internal correspondence; correspondence with you; correspondence with your employer; medical records and opinions; application documents; and other documents. The claim file will show the way that the insurer came to the decision to deny or terminate STD or LTD benefits.

The STD or LTD policy and plan documents are also necessary to prepare an appeal. These usually look and read like contracts. They are legally enforceable agreements that govern STD and LTD benefits decisions. Some insurers include a copy of the policy with the claim file. Although this isnt the most interesting reading, it is the only way of knowing what rights you have and what responsibilities your STD or LTD insurer has.

What If the Insurer Wont Accept an Appeal?

Some decisions are final. This is common when the insurer has issued a denial or termination letter in the past. In this situation, a lawsuit against the insurer may be the only remaining way to go forward.

Again, the dates are important. There also strict deadlines that apply in filing a lawsuit. Every day counts, and it is important to act or seek legal counsel quickly. It is also important to review your disability policy to determine the statute of limitations for filing a lawsuit.

What if I Havent Received a Denial Letter?

If you have not received a denial letter, it is possible that your STD or LTD benefits are still in jeopardy. This depends on how your disability insurer is handling your claim.

If you have received letters from the insurer asking for additional information or documents, your STD or LTD claim is likely under review. These reviews are normal, but they also are where the insurer denies or ends disability benefits. If the insurers letters give you specific deadlines to submit records for their review, understand that your claim may be in jeopardy.

Similarly, if you arent comfortable with the way that a conversation with your claims representative went, your claim might be in jeopardy. Again, these are only general statements and suggestions, though. The specifics of each claim are crucial.

If you are concerned with the status of your STD or LTD claim, we would be happy to speak with you. We regularly handle STD and LTD applications, appeals, and lawsuits with many disability insurance companies. Please contact our office to schedule a consultation.

Does Amazon provide its employees disability benefits?

Mon, 15 Dec 2025 19:45:48 GMT

Does Amazon provide its employees disability benefits? is a question we often get here at our disability firm.

Many people know that the Social Security Administration has a disability benefits program. But few people know that employers, such as Amazon, also have disability benefits programs that provide payments to eligible individuals who became unable to work due to injury, illness, or pregnancy during their employment. Even fewer people know that an individual does not necessarily need to still be working at Amazon to receive benefits.

As one of the largest companies in the United States, Amazon employs over one million people. There are 12 Amazon distribution centers in the Kansas City area alone, employing over 6,000 people.

What Disability Benefits Does Amazon Offer Its Employees?

Amazon provides both short-term disability (STD) and long-term disability (LTD) coverage to most employees who work at least 30 hours per week. Covered Amazon employees are eligible for disability benefits if theyve enrolled in benefits and become unable to work due to a medical condition. The standard benefit is typically 60% of an employees normal pay.

Amazons Disability and Leave Service handles the intake of disability claims and directly administers STD claims. An eligible Amazon employee may receive STD benefits from Sedgwick for up to 25 weeks. After 25 weeks, if an employee continues to be disabled, they may be entitled to begin receiving LTD benefits.

Amazons LTD claims are administered by The Hartford Life & Accident Insurance Company. If an Amazon employee has been unable to perform the duties of their occupation due to injury or sickness for greater than 180 days, they may receive up to 24 months of benefits. After 24 months, they may receive benefits if they are unable to perform the duties of any occupation.

Amazon disability claims are governed by the unforgiving Employee Retirement Income Security Act (ERISA). ERISA can be difficult to understand, and there are special rules that an employee needs to follow in pursuing a disability claim.

Many STD and LTD claims are ultimately denied by Amazon and Hartford. A claim can be denied for a variety of technical reasons, and it is important to request the correct documents from Amazon and Hartford to determine why the claim was denied. If a claim is denied, it is crucial to prepare a detailed and timely appeal.

If you are a current or former Amazon employee who is experiencing trouble with your STD or LTD claim or wish to pursue a claim under Amazons benefits plan, you should speak with an attorney here at Burnett Driskill. There are thousands of Amazon employees in the Kansas City area, and our office has helped many of them in both STD and LTD claims. We would be happy to talk to you about filing a claim, appealing a claim denial, or considering litigation.

SSA Disability and Survival

Mon, 15 Dec 2025 19:45:48 GMT

The issue of work is ever-present in Social Security disability law. A disabled person, according to Social Security, is a person incapable of substantial gainful activity due to their medical limitations. Substantial gainful activity is basically work.

So if Im applying for Social Security, I cant work? How do they expect me to survive? These are good questions that I hear a lot. Social Security is for folks who are not able to work anymore.

How are you supposed to survive while applying? The sad truth is that you cannot expect to continue living at the same standard as when you worked. Here are some ideas about assistance. If you truly cannot work, look into community resources. Friends, family, the housing authority, Medicaid and sliding scale clinics, prescription drug programs, church programs, charities like UNICEF/Red Cross, food pantries. Use your stored wealth, take early retirement, apply for union or insurance benefits through your last employer. Downsize.

So there is really no way to work while applying? Im not saying that. If you can work, you should.

If you are capable of working, you may not be eligible for Social Security disability. If you were a professional tree trimmer or nurses aide, your past work is physical. Have you tried a less physical job? A bench assembler positon, telemarketing, or filing clerk. If your past work was very social like fast food cashiering, retail sales, or marketing, have you tried something less socially demanding such as order picking, factory line work, or shipping and receiving? If you can work and are making over $1000 a month, you are most likely not a good candidate for disability benefits because you are capable of working. I say most likely because there are some exceptions as individuals get older (50 and older).

I could probably work, but I refuse to do some unskilled teenage job. I paid into Social Security, so they should pay me benefits because I cant do the kind of work I am used to. Unfortunately, that is not how the program works. Social Security is not a savings account that you can withdraw at will. It is a program set up to assist older workers who are of retirement age and disabled workers who cannot do substantial work. If you think you could be a grocery store cashier or a parking lot attendant on a full time basis, then you do not meet the definition of disability. (Again there are some exceptions for individuals over 50.)

But I am trying my best to work because my family needs the income and I cant keep any job for more than three months or I am making less than $1000 a month. So now what? You should probably both continue to try and work and apply for disability. The small amount of money you can earn will provide you with some income during the wait and shows that you have the motivation to work. If you are not a good worker, an employer statement that they could not keep you or the trail of discipline reports will show that your medical problems interfere with your ability to work. If you are using vocational rehabilitation to find jobs, the case worker assigned to you can possibly provide an opinion explaining why they cannot place you in full time work. Your tax records will hopefully show that your potential for earning has decreased from your prior full time work to the reduced capabilities after you became disabled.

So I should wait to apply? Not necessarily. The Social Security disability process can take from 3 months to five years or longer depending on how many times you appeal your case. Most cases take 2.5 years from application to first monthly payment. If you feel that your medical conditions stop you from working, apply. If your conditions improve over time and you are able to find a job and keep it, your Social Security application can be withdrawn. If you find a job and cannot keep it, then the Social Security process continues as long as you continue to appeal a negative decision. If you are not sure what you should be doing, hire an attorney and get advice about how to proceed on your Social Security case.

Evaluating A Social Security Claim

Mon, 15 Dec 2025 19:45:48 GMT

By: Anna Louise Hawes

One of the things Burnett & Driskill does daily is speak with people who want to know if they should apply for disability. When I look at a case, there are three big issues I am looking for: program financial requirements, severity and timing.

Program financial requirements

This is the easiest because it comes down to whether a person has paid into the system long enough and recently enough or whether the person lacks resources.

Severity

This category is the hardest to evaluate. Social Security has a very tough definition for disability. It is not the same definition used by other programs or in every day speech. For Social Security, disability is the inability to maintain substantial gainful employment. That means, Social Security will be evaluating whether a person can be a door greeter, an eye glasses assembler or even a copy machine operator.

An example of how difficult this definition is: lets say Paul has broken his leg and undergone surgery. During recovery, he contracted a bad infection that caused him to be on Prednisone, and eventually he had to have a total knee replacement because of avascular necrosis in the joint. Despite the significant medical problems Paul is having, it is possible that he will be found not disabled because even with all the leg problems, it is likely that he could sit and therefore do a sit down type job. However, with the right judge and medical records, it is also possible he would be disabled because of the pain associated with his injuries.

Many cases that ultimately are found to be not disabled are based upon severity.

Timing

This issue is perhaps the least understood by disability applicants.

The rules for when a person becomes disabled can be very confusing and can be contradictory. For instance, a person who is working is not likely disabled, but if they are working because they are on a payroll but actually not going to work because of FMLA or short-term disability, then they may be disabled.

Many people jump too quickly into an application. Social Security defines disability as a condition that lasts for 12 months or ends in death. Just because someone has a diagnosis does not mean that they are disabled. For instance, I had stage 2 Hodgkin Lymphoma cancer. From diagnosis to declaration of remission, my cancer lasted eight months. I never reached the 12 month requirement and therefore was never disabled under the Social Security definition. Another example, I had a gentleman who was diagnosed with diabetes and argued that he was disabled because diabetes ends in death. However, millions of Americans live with diabetes daily and manage to work. Filing at the time of the diagnosis was too soon in his case.

There has to be medical records to back up statements. When a major life event happens, such as being hospitalized for car wreck, many patients file for Social Security, often with the help of the hospital. The hospital does this to increase their chances of getting an insurance payout. However, because they file for disability during a crisis moment, there is often times not a medical trail. After all most people dont go to the doctor monthly leading up to a car wreck in anticipation that they will be severely injured tomorrow. And even if they had been regularly seeing the doctor, the records will not show the effect of a wreck that has not happened. Because there is limited medical records on the injury, it is too soon for Social Security to make a decision.

Social Security is a long process. The first decision can take six months. Waiting for a judge can mean a two-year wait. Sometimes people are in a rush to file for disability and start the long process. However, in a severe enough case, waiting a few months and getting the right medical documentation may mean getting a favorable decision in six months instead of waiting for years. It can be frustrating to wait up front, but I have found better success with proper timing of a case.

What does this all boil down to? If a person calls my office and is advised to see a doctor or wait a few months, it is possible that they are on the cusp of being disabled but the timing or one of the other factors is not quite right.

Whats The Difference Between SSDI & SSI From Disability Lawyers In Kansas City?

Mon, 15 Dec 2025 19:45:48 GMT

Among the questions so many people ask, like how do I file for disability in Kansas city?, people often ask what the difference is between SSDI and SSI disability programs. BurnettDriskill, Attorneys, disability law firm in Kansas City, explains that both SSI and SSDI disability programs offer cash benefits for disabled peoples, but the financial eligibility requirements are always different. Looking for the best attorney for disability in Kansas City is important, but learning the difference between SSDI and SSI is a great place to start. What’s the difference between SSDI & SSI?

The main difference between Social Security Disability (SSDI) and Supplemental Security Income (SSI) is the fact that SSDI is available to workers or individuals who have accumulated a sufficient number of work credits. SSI, on the other hand, is open to low-income individuals who have either never worked or who havent earned enough to qualify for SSDI. This is the best way to explain the difference when addressing the different disability programs in Kansas City.

What is SSI?

Supplemental Security Income, explained by BurnettDriskill, Attorneys, social security disability lawyers in Kansas City, is a program that is strictly need-based when regarding income and assets. It is funded by general fund taxes, and is often referred to as a “means-tested program.” To meet the SSI income requirements, you must have less than $2,000 in assets and a minimal income. Your disability attorney in Kansas City can help explain in more detail how this interacts with your unique situation.

What is SSDI?

Social Security Disability Insurance is funded through payroll taxes. SSDI recipients are considered to be insured” since they have worked for a certain number of years and have made contributions to the Social Security trust fund through the means of a FICA. SSDI candidates must be younger than 65 years old to qualify and have earned a certain number of work credits. Ask your disability lawyer today if you are eligible for Social Security Disability Insurance.

ARE YOUR STD OR LTD BENEFITS IN JEOPARDY?

Mon, 15 Dec 2025 19:45:48 GMT

Have you received a letter from your disability insurance company denying your claim?
Have you received a letter from your disability insurance company ending your disability benefits?
Have you received a letter from your disability insurance company threatening to deny your claim or to end your disability benefits?
Has a representative from your disability insurance company said something worrisome to you over the phone?

If you answered Yes to any of these questions, your short term disability (STD) or long term disability (LTD) claim may be in jeopardy.

If you have applied for or received benefits from the following insurance companies, this article may apply to you:

Aetna Life
Assurant
Cigna (LINA)
Disability Management Services
Disability Reinsurance Management Services
Guardian
Hartford
Liberty Life
Lincoln Life
MetLife Prudential
Principal
Prudential
Reliance
Sedgwick
Standard
Sun Life Mutual (United) of Omaha
Unum

What Can I Do?

It is also essential that you review the date of the letter itself, as well as the amount of time that you have to appeal the decision. These two dates will usually tell you when your appeal would be due.

Consider your recent medical appointments and whether your insurer has all the relevant evidence. It is likely that they do not. Also consider whether your physicians responded to any forms that your insurer sent to them.

How Much Time Do I Have for an Appeal?

Most STD and LTD benefits are governed by the Employee Retirement Income Security (ERISA). It is a federal benefits law. ERISA requires disability insurers to abide by certain rules and regulations. One of the most common rules is that the disability insurer allow you 180 days to submit your STD or LTD appeal. This 180 day ERISA period begins on the date of the insurers denial letter (or sometimes on the date you receive it).

What Is an Appeal, and What Goes Into It?

What If the Insurer Wont Accept an Appeal?

What if I Havent Received a Denial Letter?

If you have not received a denial letter, it is possible that your STD or LTD benefits are still in jeopardy. This depends on how your disability insurer is handling your claim.

How Many Disability Programs Can I Be On?

Mon, 15 Dec 2025 19:45:48 GMT

How many disability programs can I be on?

There are lots of disability programs. Here at Burnett & Driskill we help individuals receive disability benefits through:

Social Security
Veterans Administration
Railroad Retirement Board
ERISA policies held by individual employers
Federal and governmental plans not covered by ERISA
Private insurance policies

Lets look at a veteran who worked as a shipping and receiving manager for a major corporation. Through work, he has a retirement/disability plan. Two months ago, this individual was shelfing an item and injured his back. He filed a workmans comp claim and has surgery scheduled next month. His own doctor has told him he cannot return to work and will probably never be able to go back to his job.

Does this mean the man can get workmans compensation, disability through his employers, VA and Social Security benefits? Not necessarily.

All of the programs have different rules and standards. Many of the programs offset each other.

Ways the programs offset:

Workmans comp is based on an injury that was caused during the course of work. Similarly VA disability benefits are also based on injuries caused/aggravated during military service. If our individual receives both workmans comp and VA benefits, it is likely that it will not be for the same reason or if it is both related to his back the workmans comp settlement is likely to reduce the amount of benefits based on the pre-existing injury.

Lets say our individual receives payments through his employer. Then a year later, Social Security decides his case and finds he is disabled. Many employer-based plans say that if an individual receives other disability payments, they get to be reimbursed. So our individual wins Social Security benefits and his employment based insurer is going to claim most if not all of the back benefit. They are also going to reduce future benefits from the employer-based program.

VA and SSA: This is the only exception to the offset. If our individual receives service-connected VA benefits and Social Security Disability Insurance benefits, he can receive both. But if the VA benefits are retirement benefits or if the Social Security benefits are through Supplemental Security Income then there will be an offset.

If all the programs work against each other, why apply for more than one?

Because they have different standards.

I am not a workmans comp specialist, so I will focus on the disability standards.

Disability through the employers: the standard for disability through an employment plan is different for each company. The plans tend to be similar because insurance companies prefer certain standards, but the honest answer is to read the contract/plan documents. Generally, a disability plan through an employer will contain 2-3 stages. Stage one is usually whether an individual can return to the work they were doing or make a percentage of the same income. (Can our individual go back to shipping and receiving or do another job with similar wages?) Stage two tends to be a higher standard of whether an individual can do any work. Stage two is typically 12-24 months after stage one. Stage three tends to be limits on benefits. Many plans will pay no more than 24 months of benefits for mental health impairments.

Social Security disability: Social Security has only one standard. Can an individual sustain substantial gainful activity? If our individual cannot go back to shipping and receiving but could be a call out man at an auction house, he will not be disabled under Social Security even though he is disabled under stage one of the employer plan.

VA disability: VA requires any disability to begin/be aggravated by military service. Unless our individual can prove that his back injury began in the service, then there is no VA benefits for this situation. If there is a service-connection for the back injury, VA will payout by percentage even if the individual goes back to his exact same job as shipping and receiving manager.

Because they have different timelines:

Social Security takes 3-6 months for an initial decision. Initial decisions are denied 60-70% of the time. In some states there is a reconsideration that takes another 3-6 months on average. Approval at reconsideration tends to be even less than at the initial. So most Social Security applicants have to wait for a hearing. The wait for the hearing to be scheduled is 18-24 months. Once its scheduled, it takes 3-6 months to get the hearing decision and another 2 months to get money after the hearing is scheduled. Even at hearing, the chance of winning is statistically around 40%. That means it is not unusual for a Social Security applicant to have waited 3 years for a favorable decision. That is a long time to wait.

Employer plans require the individual to wait an elimination period, usually 90 days. Then an application for disability must be made within a certain amount of time. Once the application is made, the plan administrator is supposed to make a decision within 90 days with some exceptions. So in 6 months there may be an initial decision. If appealed, the administrator again has roughly 90 days to complete the next decision. The big delay in employer plans is how long it takes to do the appeal, but once an appeal is filed, the administrator is supposed to make a decision in 90 days each time. It is possible to have three denials on an employer-based plan before the reconsideration denial at the Social Security level. If the employer-plan pays benefits, that is money to survive on while Social Security makes its decision even if later the insurance company will demand repayment.

VA has even longer timelines than Social Security. They are implementing new programs to speed the initial decision process, but appealing a VA case means looking at years between responses.

Because of the different timelines and different standards, it is often in the workers best interest to file for all possible programs and be aware and ready for the offsets to occur.

The Four Levels Of Social Security Disability Appeal Part 2: The Hearing

Mon, 15 Dec 2025 19:45:48 GMT

Working with BurnettDriskill, Attorneys, disability lawyers in Kansas City, can be a rewarding experience. Not only are you setting yourself up for success, but you will better be able to answer questions, like, how do I file for disability Kansas City?. The disability appeal process can be quite complex, but with BurnettDriskill, Attorneys, disability law firm in Kansas City, by your side, youll be in good hands. Whether youre looking for a railroad disability attorney in Kansas City or an attorney for disability in Kansas City, youre in the right place. – SSD Appeal The Hearing

Administrative Law Judge Hearing (ALJ)

If your disability appeal request for reconsideration is denied and you wish to continue moving forward, you and your disability attorney in Kansas City will have to request a hearing before an administrative law judge, referred to as an ALJ. You will have to request this hearing within 60 days from your denial. In the states listed previously that have eliminated reconsideration, you will have 60 days from the initial denial letter to request a hearing. The same principles apply, but your state of residence will determine what time frame you have.

Administrative Law Judges

Administrative law judges, or ALJs, are attorneys who work for the SSA’s Office of Hearings Operations, the OHO. This was formally known as the Office of Disability Adjudication and Review, the ODAR. Most of the work that an administrative law judge does involve working with and upholding or overturning decisions to deny or terminate disability benefits. Generally, ALJs grant half of the claims that reach them, which means that 50% of disability applicants who take their appeal before an ALJ win their appeal. Your chances for receiving disability benefits is high and in the right hands.

The Four Levels Of SSD Appeal: Part 1 – Request For Reconsideration

Mon, 15 Dec 2025 19:45:48 GMT

To appeal a denial of Social Security Disability, often referred to as SSDI, or Supplemental Security Income, referred to as SSI, you will need to follow essential instructions given to you by your trusted disability lawyers in Kansas City. From working with a federal disability attorney in Kansas City to a railroad disability attorney in Kansas City, the process is critical. Working with the disability law firm in Kansas City, BurnettDriskill, Attorneys, can give the confidence that your appeals are done right. These are the four levels of SSD appeal: Part 1 Request For Reconsideration: SSD Appeal: Request For Reconsideration

Request For Reconsideration

To get your appeal started with the disability attorney in Kansas City, you will first have to request for the initial denial to be reviewed again in most states. The following states skip this step and have you go straight to the hearing stage: Alabama, Alaska, California, Colorado, Louisiana, Michigan, Missouri, New Hampshire, New York, and Pennsylvania .

Reconsideration of Original Claim

Your disability attorney in Kansas City can help you complete reconsideration of your claim. It will take place at the Disability Determination Services level, but is performed by a medical consultant and examiner, who would not have been a part of the initial decision. Disability Determination Services grants benefits in around 5-10% of all reconsideration claims.

Reconsideration of Continuing Disability Claim

Once you begin receiving disability benefits, your case will be re-examined several times throughout the continuing disability review (CDR). The SSA may end your benefits for a variety of reasons. The reasons may include:

A determination that your condition has improved
You stopped getting treatment from a medical provider
You have failed to cooperate in the CDR process

If your benefits were terminated and you want to appeal the termination, you will need to work with BurnettDriskill, Attorneys, social security disability lawyers in Kansas City, to request a reconsideration of CDR at a hearing before a disability hearing officer (DHO).

Processing disability applications with the Railroad Retirement Board (RRB)

Mon, 15 Dec 2025 19:45:48 GMT

It is not a secret that the RRB takes a long time to process disability retirement benefit applications for railroad workers who are unable to work because of health conditions.

The RRB represents that in 2024, the average processing time was 444.2 days.

It is worth noting the date the RRB starts the clock.

The RRB does not start counting days until the complete application package is received. A disabled railroad worker can call the RRB to start the application process. The RRB provides a package of documents to be completed and submitted, together with a list of required identification documents. It is common for the RRB to return application documents that are not properly completed and have to be resubmitted.

Once the RRB has a properly completed set of application documents and the identification documents the processing time starts.

The averaging processing time is an average. Applications take longer than the average for a determination.

The RRB is understaffed and underfunded. RRB representatives are diligent, knowledgeable and overwhelmed.

Federal government employees

Not all federal agencies process disability retirement applications in the same manner.

I have represented many disabled federal workers over the years who work for different agencies. The instructions provided by the Office of Personnel Management (OPM) provide one standard procedure to apply for disability retirement. Each federal agency has internal practices on completing the government portion of the application documents. It is not always obvious or easy to make a connection with the proper federal agency employee who will complete the government portion of the application documents. It is not necessarily the immediate supervisor of the disabled applicant.

Patience and diligence are required to get the application documents to the OPM in a timely manner. Even then, the time to make a decision on the application can take many months or longer.

Social Security Administration

America has a new president and a new Acting Commissioner of the Social Security Administration (SSA). Congress has not voted on the nomination for the proposed Commissioner. In the meantime news stories include many claims of wasted and improper payment of money from the U. S. Treasury including the SSA.

Acting Commissioner Leland Dudek issued the following statement, including:

Our continuing priority is paying beneficiaries the right amount at the right time, and providing other critical services people rely on from us.
DOGE personnel CANNOT make changes to agency systems, benefit payments, or other information. They only have READ access.
DOGE personnel do not have access to data related to a court ordered temporary restraining order, current or future.
DOGE personnel must follow the law and if they violate the law they will be referred to the Department of Justice for possible prosecution.

I also want to acknowledge recent reporting about the number of people older than age 100 who may be receiving benefits from Social Security. The reported data are people in our records with a Social Security number who do not have a date of death associated with their record. These individuals are not necessarily receiving benefits.

I am confident that with DOGE’s help and the commitment of our executive team and workforce, that Social Security will continue to deliver for the American people.

BurnettDriskill, Attorneys is a member of and a long time sustaining supporter of an organization comprised of attorneys and authorized representatives supporting disability applicants and beneficiary recipients before the Social Security Administration — the National Organization of Social Security Claimants Representatives (NOSSCR). NOSSCR has a long and positive relationship with Acting Commissioner Leland Dudek. We believe Mr. Dudek is capable and correct.

Additionally, there is no indication disability benefits are at risk by the present administration or Congress.

How Can Insurance Companies Get Away With Denying Your STD and LTD Claims?

Mon, 15 Dec 2025 19:45:48 GMT

It can be a shock to receive a denial letter from your short-term disability (STD) or long-term disability (LTD) insurance company. After all, isn’t your disability insurance there to provide you income protection in times of need? That’s probably how it was described by your employer and the insurance company.

The truth is a little more complicated. Read on, but please don’t be discouraged.

STD and LTD claims aren’t what they seem.

The STD or LTD coverage that you or your employer paid for is often not what it seems. We regularly see clients that are not receiving the benefits that they expected. The benefits either never began, or they were stopped far earlier than expected. Unfortunately, this is more of the rule than the exception.

Imagine that you haven’t been able to work for weeks, have your doctor’s full support, and have returned your paperwork to the insurance company. You would probably expect your claim to be approved without a lot of fuss. Yet the insurance company denies precisely this type of claim, finding that there is not enough “objective” evidence of your impairments. Your complaints are ignored, and your phone calls to the insurance company get you nowhere. When you explain why you disagree, you’re told to submit an appeal or file a lawsuit.

ERISA is tough.

The main reason for the insurance company’s decision is a federal benefits law known as the Employee Retirement Income Security Act (ERISA). ERISA does not help the little guy, and the insurance companies are aware of this. They know what the law allows, and they straddle that fence.

How does ERISA help the insurance company? For starters, it takes away the right to a jury trial. A group of your peers does not get to see you and your disability. In fact, ERISA typically takes away your right to testify altogether. Instead, the case is decided on an administrative record that is assembled by the insurance company. Evidence that you don’t submit to the insurance company normally cannot later be seen by a judge (even if it would be the most recent and helpful evidence).

Because the administrative record is so important, it is crucial to prepare an extremely thorough appeal (and to do so before the appeal deadline expires). Simply sending a letter without any new evidence will almost certainly fail. An appeal should contain some combination of additional medical records, medical opinions, a vocational evaluation, and written argument.

Another challenge in ERISA disability cases is that the judge deciding your case doesn’t get to decide whether you are disabled. As crazy as that sounds, it’s how ERISA works. Instead of allowing the judge to weigh the evidence on his or her own, the judge’s hands are tied by the letter of the law. The question for the judge is whether the insurance company’s decision was “arbitrary and capricious” or “unreasonable.”

In other words, the judge may personally disagree with the outcome and decision, but that doesn’t mean that the judge can find you disabled. For example, the judge can agree with your doctor’s opinion but conclude that the insurance company’s reliance on its cold, distant experts was reasonable.

Another frustrating part of ERISA is that even when the insurance company’s decision is wrong (by being “arbitrary and capricious” or “unreasonable”), the judge usually will not award benefits. Instead, a win is more likely to be what’s known as a remand. The judge will order the insurance company to go back and administer the claim properly. So if the insurance company failed to consider all of your conditions, the judge might order it to go back and do so.

What a remand often means is that the insurance company will come up with another reason to deny the claim (and cover its tracks even better this time around). We have cases where we were successful in getting a remand, only to see the claim denied again. We again appealed the decision and a brought a new lawsuit. Meanwhile, our client is left waiting, still without benefits. This is part of the reason that many LTD claims settle in litigation.

Another challenge is that ERISA claims are federal claims. This means that your attorney and the insurance company’s attorney litigate in federal court — not state court. Federal litigation is more detailed and technical. And federal courts are often more cautious than state courts.

There is reason for hope.

Despite these challenges, ERISA STD and LTD claims are not hopeless. But they do require carefully prepared evidence and argument. It’s important to raise issues in particular ways. In particular, you want to emphasize the insurance company’s inherent conflict of interest in administering and paying claims. The insurance company naturally wants to save money, and if you can show how that conflict of interest distorted the process, you have a better chance of success.

The insurance company also usually has an obligation to act as what the law calls a “fiduciary.” This means it must act on behalf of the people who are submitting claims for benefits. There are technical arguments that can be raised to provide additional ammunition in litigation.

So ERISA disability claims are different from other insurance claims. The rules aren’t what they seem. But with proper preparation and representation, the chances for a favorable result can increase substantially.

Our office helps people with STD and LTD claims governed by ERISA, as well as those disability claims which aren’t. We are located in North Kansas City, Missouri. If you have questions or need help with a claim, please give us a call or send a text.

How Can Insurance Companies Get Away With Denying Your STD and LTD Claims?

Mon, 15 Dec 2025 19:45:48 GMT

The truth is a little more complicated. Read on, but please don’t be discouraged.

STD and LTD claims aren’t what they seem.

ERISA is tough.

There is reason for hope.

What Does the Judge’s Decision on My Disability Claim Mean?

Mon, 15 Dec 2025 19:45:48 GMT

by: Andrew Piechocki

Completely understanding the judges decision on your disability case is essential for planning any next steps. BurnettDriskill attorney, Andrew Piechocki, explains the three decisions a judge can hand down.

Fully Favorable Decision

A Fully Favorable Decision means that you won your case. If you get this decision, the Social Security Administration (SSA) has determined that you were disabled as of your alleged onset date through either the present, or to the end date of a closed period.

As someone who has reached this far in the process knows, seeking social security benefits through litigation is a time intensive process. After you get a Fully Favorable decision, it will still take a couple of months for you to receive a Notice of Award and your benefits. Even after this decision, Social Security may check up on you to make sure that you still meet the income and asset value restrictions if you were awarded Supplemental Security Income (SSI).

Partially Favorable

A Partially Favorable Decision means that the judge found you disabled, but not for the date range you selected. Social Security has decided that you were disabled, but it has either changed the beginning date, or the ending date of your disability.

If you applied for SSI and the onset date of the disability has been moved closer to the present, the amount received in back due benefits will be lower. This is generally not an issue if the date is adjusted by a couple of months, but when it is adjusted by a couple of years the back due benefits could be reduced by thousands of dollars.

Generally, the same is true for Social Security Disability Income (SSDI) as for SSI, however, there is one more date that must be considered your Date Last Insured, or DLI. In order to receive benefits under the SSDI program, you must be found disabled before your DLI. If the judge were to adjust your alleged onset date to a date more recent than your DLI, you will be found to be Disabled, However, you will not be eligible for benefits through the SSDI program.

The judge can also set an end date on your disability benefit even if you did not say that you have now recovered your health. This is called a closed period of disability. If you are given a partially favorable decision and the judge has created a closed period you will not receive benefits past the end date.

A partially favorable decision is something that you will definitely want to discuss with your representative to determine whether you should appeal the decision.

Unfavorable

An Unfavorable Decision means that the judge has determined that you do not meet Social Securitys disability requirements. There are a number of reasons why this might be the case and a number of arguments your representative can usually make on appeal, if that is the route you and your representative decide to take.

What is the Five Day Rule? Why is it important?

Mon, 15 Dec 2025 19:45:48 GMT

An applicant or claimant for disability benefits is required to submit all relevant medical records and opinions to the SSA judge five business days before a hearing. We call this the “five day rule”. However, if the evidence cannot be secured beyond the control of the claimant or the representative then the late evidence is to be exhibited and considered by the SSA judge.

Five Day Rule

A successful disability claim requires substantial supporting medical evidence. If the medical records exist, it is crucial that the records be secured and submitted in a timely manner.

The SSA judge typically does not take it upon him or herself to get the medical records.

Clinics and hospitals dont operate with the urgency that a claimant often needs. Aggressive efforts by the representative are required with health care records providers. This is an ongoing challenge for all representatives. BurnettDriskill, LLC has three people devoted exclusively to securing and submitted medical records.

Scams Are Everywhere

Mon, 15 Dec 2025 19:45:48 GMT

Every person has heard the horror stories. A friend or family member looked at their bank account to find all their money gone. What could have happened? All too often, an innocent transaction leads to such devastation. Scams are everywhere. The following will show how easy it is to be scammed, how to protect yourself and what Burnett & Driskill does to help protect our clients.

The Story of a Scam

Heres an example: a lady calls a phone number that she thought was tied to our commercials. She spoke to someone that didnt identify themselves as a Burnett & Driskill employee. After listening the person talk, she gave her debit card number so that she could be charged $49.95 so that she could get two separate gift cards one for $100.00 and one for $50.00. Sounds like a great deal, right?

This lady then said she wanted to speak with someone about possibly starting a claim. After the person on the phone continued to put her off, she realized something was wrong. She immediately called her bank because she was going to be a victim. Luckily before her account could be drained, her card was stopped and her bank took care of her. How easy was it for a complete stranger to take advantage of her? You think you are talking to someone that can help you only to find out they are being devious.

Unfortunately, this isnt the only type of scam out there. Card skimmers can be found on ATMs, gas pumps and other reputable sources. Your wait staff at a restaurant can write down the numbers of your card and use it later. Sometimes a card number can be taken through a hack with a reputable company that stored your card information to make checkout easier when you purchase from them repeatedly. These are some of the most common scams but not the whole list.

How Do You Protect Yourself?

Scams occur every day. To any person. Here are a few tips to help keep your information safe.

Never give credit card information to someone who has called you out of the blue. Always take the step to call the company back at a number you find yourself one preferably from a bill stored at your home. If you arent expecting a phone call from your telephone company, they arent calling to collect on an unexpected repair. Scammers can make the caller ID show up as the reputable company youve done business with for years.
Be aware that the more forceful someone is, the more likely they are trying to scare you into action. Dont let them bully you. Even collection agencies have standards on how they can collect your money.
Doing anything over email can be unsafe. Even if you know the company, dont give your credit card information via email. Call them up and handle the payment over the phone.
Take a minute to look at the machine you are putting your card into. Any odd-looking attachment should be reported to a store employee immediately.
Check your bank statements/credit card statements regularly. Verify you made each transaction on every statement. If you have any questions regarding a transaction, call your card provider immediately. They will cancel the card and issue a new one.

B&D Processes

Burnett & Driskill take the security of our clients seriously. Our practices are meant to protect our clients. Just to give you an idea of what our collection processes are, here are a few. We do not store card information for any reason. Our clients are welcome to call and make a payment via credit card over the phone but we input at that time. There is no reason to store the card information. We send out invoices by mail. We have occasionally had to call to clarify a payment, but we do not call to collect on payments. Statements are mailed unless you have asked to pick one up. We welcome any call about our processes and will answer your questions.

How Age Makes a Difference in a Social Security Disability Claim

Mon, 15 Dec 2025 19:45:48 GMT

The Kansas City Social Security Administration (SSA) takes many factors into account when evaluating your disability claim. As you get older, the chances of being approved for disability are strengthened. As disability lawyers in Kansas City, we get asked often about whether age matters. If you are 50 years or older and you live in Kansas City, pay close attention to the following information.

The Kansas City SSA believes it is harder for an older person to make a vocational adjustment in other words, to learn a new job skill or make the transition into a new work place. Due to the difficulty of older claimants being able to make vocational adjustments, SSA uses grid rules as one possible decision-making device.

The grid rules take into account the applicants: age, education level, skill level or past work, transferability of skills, and residual functional capacity (RFC). As you get older, it becomes easier to get approved for disability in Kansas City. The SSA divides applicants into the following age groups for the purpose of grids:

Younger individuals (18 through 49 years old)
Closely approaching advanced age (50 to 54 years old)
Advanced age (55 and over), and
Closely approaching retirement age (60 and over).

After SSA makes a finding on your RFC (exertional level), they will look at the corresponding grids and match your age, education, and past work which will direct a finding of disabled or not disabled.

Lets suppose that you just turned 55 years old last week and are a disabled individual in the Kansas City area. Your highest level of education is high school and you have only unskilled past work experience. SSA has already decided that you have a sedentary exertional level meaning, you can only exert up to 10 pounds of force occasionally and you are confined to work that mostly involves sitting with brief periods of walking or standing possible.

If the SSA decision maker determines that the facts of your case and the evidence in your record supports the above Grid, they have to find you disabled. It is very important to have medical evidence to support your limitations. If your treating doctor can fill out an RFC or an Ability to Do Work Related Activity form, it can be extremely helpful to your disability claim. Every case is different and if you are an individual 50 years or older in Kansas City and would like to see if your age could make it easier for you to be approved, the attorneys at BurnettDriskill are just a phone call away.

How Can a Vocational Assessment and Expert Help My SSDI Claim?

Mon, 15 Dec 2025 19:45:48 GMT

When filing for Social Security Disability Insurance (SSDI), a disability attorney in Kansas City will tell you over half of the applicants are denied the first time around. How can a vocational assessment and expert help my SSDI claim?

After reviewing past relevant work and the SSA concluding you are capable of performing previously held jobs, your claim will get denied. In determining this, the SSA looks at the jobs description, physical demands, difficulties you had completing tasks, and how your medical condition affected your performance.

This is when disability lawyers in Kansas City may ask for a vocational expert to come into the picture, specifically more so for complex cases. After a claim is denied, an analyst will assess past relevant work, residual functional capacity (RFC), and your level of education. These analysts are knowledgeable about the Department of Labor’s Dictionary of Occupational Titles (DOT), which explains many different job requirements.

During the disability appeal process in Kansas City, a vocational expert may testify whether or not you can perform any of your old jobs according to your vocational assessment. A VE will get to know you personally through interviews and discuss your work history. There is only so much that can be determined from a resume, which is why a VE will be able to gather all necessary information to attest as to why you are unable to perform previously held jobs with your current disability.

Depending on your case, social security disability lawyers in Kansas City will decide whether or not a vocational assessment is necessary. As we mentioned previously, a vocational expert is typically brought in to testify for more complex cases. However, an attorney for disability in Kansas City will be able to help you just as much during your disability appeal process in Kansas City.

As a trusted disability law firm in Kansas City, the attorneys at BurnettDriskill are just a phone call away.

Methods of Speeding Up Social Security Disability Claims

Mon, 15 Dec 2025 19:45:48 GMT

The Social Security disability process is a long one. For example, its not uncommon to wait a year between the request for a hearing before a judge and the hearing itself.

However, there are special circumstances the Social Security Administration recognizes as urgent. If one of these conditions is met, an applicant may have his or her hearing scheduled more quickly than usual. While all people applying for Social Security Disability are in need, these cases are considered severe enough that the claims are processed more quickly.

Dire Need

The Social Security Administration deems a case one of dire need if one or more of the following conditions is met:

The applicant is homeless, will soon become homeless, and/or has a home but is at risk of losing it. This can be supported by sending the Administration eviction notices, foreclosure notices, shut-off letters, and/or documentation from a homeless shelter.
The applicant does not have food to eat, and/or cannot afford to buy food.
The applicant cannot afford medical care. To demonstrate this, a claimant could submit medical bills or pharmacy records, or evidence that the claimants insurance is going to be – or has already been – discontinued.

Recognized Illnesses

An illness may qualify a claimant for faster processing of a claim. If the claimant has an illness that is considered terminal, their claim will likely be expedited.

The Social Security Administration may also process a claim more quickly if a claimants condition meets the requirements for a compassionate allowance. The Administration has a catalogue of conditions that satisfy this standard. Sometimes it is enough to show that a claimant has been diagnosed with one of the listed ailments. For some illnesses, the claimant must show that they have both been diagnosed and that the condition is sufficiently severe as to require a speedy decision. For example, some cancers are only considered for compassionate allowances if they are inoperable or have metastasized.

Service Members

Finally, claims may be expedited if filed by current or former military services members, so long as the condition began during active duty.

Requesting an expedited review of a Social Security Disability claim can be complicated. BurnettDriskill understands that you may need to have your claim reviewed urgently, and knows how best to present your case to the Administration to get you the help you need.

How Social Security Decides If Youre Disabled

Mon, 15 Dec 2025 19:45:48 GMT

When filing a claim for disability, the Social Security Administration (SSA) first needs to deem you disabled. Unfortunately, there is more to the Social Security Disability Insurance (SSDI) process than merely saying, “I am disabled.” As a disability law firm in Kansas City, we get asked all the time about what the SSA looks at to decide whether or not a person is disabled. How social security decides if you’re disabled:

The SSA requires a full job history within the past 15 years, including titles, descriptions, physical demands, and when your disability started to affect your performance. Basically, the SSA focuses primarily on your work, not your disability. Social Security disability lawyers in Kansas City will explain two work requirements the SSA looks at: past work and other work.

Past Work

After looking at your list of previously held jobs, the SSA will assess whether or not you can perform any job you once were able to before you became disabled. If you can, then you will not qualify for SSDI.

However, because it can be so easy for the SSA to claim you can do other work, the disability appeal process in Kansas City may have a vocational expert assess behavioral and personal factors like age, education level, and medical limitations to testify against the denied claim.

Other Work

If concluding you cannot perform any previously held job after reviewing past work, the SSA will then determine if there is other work you would be able to do. Other work can be pretty much anything you can think of. The SSA attempts to see if any jobs exist that you haven’t performed before that you would be able to do. Similar to past work, the SSA will look into prior job skills and experience, education, and age.

If you are wondering, How do I file for disability in Kansas City” or need help in receiving disability benefits because of a denied claim, call the disability lawyers in Kansas City at BurnettDriskill. Your disability attorney in Kansas City will do everything for you to win your case. We help those who are unable to help themselves receive the benefits they deserve. For any questions you may have, contact our disability law firm in Kansas City. We are happy to help.

Those Pesky Social Security Forms

Mon, 15 Dec 2025 19:45:48 GMT

The Problem:

Denials often mischaracterize what people say.

Heres an example: At a hearing, Jay says, I do dishes sometimes.

What Jay meant was: he has a lot of trouble doing dishes. It hurts to bend over the sink. His feet begin hurting and he cannot stand long enough to finish a sink full of dishes, and if he does dishes for more than a few minutes, his wrists hurt. Therefore, he only does dishes on a good day and only for a few minutes at a time.

What the judge hears: Jay has the ability to do dishes.

When the judge checks the forms that Jay filled out during the application process, the form says: He is no longer able to do household chores. He only does them sometimes.

What the judge sees: Jay has the ability to do dishes because he does them sometimes.

An Example:

Even though forms are annoying and long, the forms have a purpose. These forms are testimony that the field office and the reviewing doctor will see at the initial level of Social Security filing. In an insurance case, most of the time, forms are the only testimony regarding every day activities.

What that means: If a form is hastily filled out, rushed, and incomplete, the decision maker has little to no detail explaining the situation from the disabled persons perspective.

Consider the following answers to Describe what you do from the time you wake up until going to bed:

Nothing. I get up, have some breakfast and do nothing until bed time.

This answer is not helpful.

It gives very little details. It sounds like an answer a teen on spring break might give. It could mean the person sleeps all day, watches tv all day, or walks along the highway endlessly.

It is not likely to be true. Even if the person is disabled, it is likely that they do something during the day whether it is pace the house, go outside to smoke a cigarette, let the dog out, make a sandwich for lunch, or go to the restroom a few times.

It is easy to misinterpret. I personally get up around 5:30 am and go to bed at 9 pm. If I have no other information, I am likely to assume this person also gets up at 5:30 and goes to be at 9 pm. When they have some breakfast, that could be anything from a bowl of cereal to cooking eggs and sausage. I know which one I prefer if I was staying home and had the time to cook.

I get up around 8:30 am and fix a bowl of cereal. I let the dogs out then I sit down and watch the morning news and maybe a talk show until 11. Then I heat up some soup, eat and wash the dishes. About 1:30, I start a movie, but I fall asleep during it. At 5 pm my husband comes home. We talk for an hour while he cooks dinner. We eat and watch the evening news. Then I go to bed around 9 pm.

This answer is only partially helpful.

Unlike the first answer, this one gives good detail. There are still gaps in the description of the day, but it does give a picture of what the person is doing.

This answer is harder to misinterpret because of the better details.

The problem is that this answer does not give reasons why things are done or not done. This answer could be equally as true for a stay at home mom whos children are in school as it is for a disabled individual.

I have trouble sleeping at night because of pain, so I may wake up anywhere between 2 am and 9 am. If I am not already up and moving, I get up at 9 am and take my first set of medications. I have to take my medicines 1 hour before I eat, so I let the dogs out while I wait and I may get dressed. On really bad pain days, I skip getting dressed because I will end up back in bed, but on a better pain day, I will put on sweats or something comfortable that I can wear out if I have to leave the house. After an hour, I make cereal and coffee. I eat in my recliner because I need to put my feet up. It helps keep my swelling down if I put my feet up throughout the day. After breakfast I will wash my bowl. If I dont wash my dishes after every meal, they build up and I cannot get through washing them because I cant stand that long or bend over the sink. . . .

This is the kind of answer that would be best. It is detailed and focuses on the causes behind why things happen throughout the day.

But it wont fit on the line. True. These forms can have extra pages added to them. Dont let the line length intimidate you into not accurately or completely filling out the form.

But that answer is too long. False. If the answer is accurate and on topic, it is not too long.

But I dont have the time to fill out the form in that much detail. False. This is the only chance at the initial level to explain what is happening. It is the one opportunity to describe how your life has been affected. It is the only direct contact you are likely to have with the person making the decision. If you dont take the time to fully answer these questions, then you are giving up your chance to tell your story. Social Security gives you time to fill out the forms. Use the time wisely. If you only have ten minutes to fill out the forms, do you expect Social Security to spend more than ten minutes thinking about what you wrote?

Tips to filling out the forms:

Be specific
Focus on symptoms (you may have degenerative disc disease or herniated discs but it is likely the pain from your back that is stopping you. Focus on the pain. The medical records will talk about the source of the pain.)
Focus on the reasons behind the answers ( because of my neuropathy, because I cant stand, because I panic)
Give full answers — add extra pages if needed
Stay on topic
Be accurate

By Anna Louise Hawes

The Problem:

Denials often mischaracterize what people say.

Heres an example: At a hearing, Jay says, I do dishes sometimes.

What the judge hears: Jay has the ability to do dishes.

When the judge checks the forms that Jay filled out during the application process, the form says: He is no longer able to do household chores. He only does them sometimes.

What the judge sees: Jay has the ability to do dishes because he does them sometimes.

An Example:

What that means: If a form is hastily filled out, rushed, and incomplete, the decision maker has little to no detail explaining the situation from the disabled persons perspective.

Consider the following answers to Describe what you do from the time you wake up until going to bed:

Nothing. I get up, have some breakfast and do nothing until bed time.

This answer is not helpful.

It gives very little details. It sounds like an answer a teen on spring break might give. It could mean the person sleeps all day, watches tv all day, or walks along the highway endlessly.

I get up around 8:30 am and fix a bowl of cereal. I let the dogs out then I sit down and watch the morning news and maybe a talk show until 11. Then I heat up some soup, eat and wash the dishes. About 1:30, I start a movie, but I fall asleep during it. At 5 pm my husband comes home. We talk for an hour while he cooks dinner. We eat and watch the evening news. Then I go to bed around 9 pm.

This answer is only partially helpful.

Unlike the first answer, this one gives good detail. There are still gaps in the description of the day, but it does give a picture of what the person is doing.

This answer is harder to misinterpret because of the better details.

I have trouble sleeping at night because of pain, so I may wake up anywhere between 2 am and 9 am. If I am not already up and moving, I get up at 9 am and take my first set of medications. I have to take my medicines 1 hour before I eat, so I let the dogs out while I wait and I may get dressed. On really bad pain days, I skip getting dressed because I will end up back in bed, but on a better pain day, I will put on sweats or something comfortable that I can wear out if I have to leave the house. After an hour, I make cereal and coffee. I eat in my recliner because I need to put my feet up. It helps keep my swelling down if I put my feet up throughout the day. After breakfast I will wash my bowl. If I dont wash my dishes after every meal, they build up and I cannot get through washing them because I cant stand that long or bend over the sink. . . .

This is the kind of answer that would be best. It is detailed and focuses on the causes behind why things happen throughout the day.

But it wont fit on the line. True. These forms can have extra pages added to them. Dont let the line length intimidate you into not accurately or completely filling out the form.

But that answer is too long. False. If the answer is accurate and on topic, it is not too long.

Tips to filling out the forms:

Be specific
Focus on symptoms (you may have degenerative disc disease or herniated discs but it is likely the pain from your back that is stopping you. Focus on the pain. The medical records will talk about the source of the pain.)
Focus on the reasons behind the answers ( because of my neuropathy, because I cant stand, because I panic)
Give full answers — add extra pages if needed
Stay on topic
Be accurate

By Anna Louise Hawes

How Should I Present to a Social Security Hearing?

Mon, 15 Dec 2025 19:45:48 GMT

Youve requested a Social Security disability hearing, youve waited, and now you are going in front of an Administrative Law Judge to make your case. How should you present yourself at the hearing?

Be at least 30 minutes early

Once you arrive at the hearing office, you will check in with a security guard and give him or her your photo I.D. You will then be subject to search for dangerous items, and shown to a desk where you can sign in. Your attorney will meet you at the hearing office. Before the hearing, your attorney will go over what to expect in the hearing and ask about any new conditions or questions you may have. Being 30 minutes early ensures that you have enough time to check in and speak with your attorney before your hearing.

Wear comfortable clothing

For your Social Security disability hearing, you simply need clean, comfortable clothing free of inappropriate words or images. Use your best judgment and dress how you would normally. Be sure not to downplay or exaggerate your condition.

Assistive devices

If you need an assistive device, such as a cane, walker, or wheelchair, please feel free to bring it to the hearing. Note that the judge may ask if it was prescribed to you by a doctor, or if you just prefer to have it.

Stand if needed

If sitting for an extended period of time causes you pain or discomfort, know that you can stand up during your hearing and stretch if needed. The hearing is recorded, so you will need to make sure you stay close to the microphone if you do choose to stand. Disability judges are generally fine with claimants taking a break to stand during hearings.

For an idea of what to expect, visit our FAQ section. We have created a mock hearing video to help you understand what you may see at a Social Security disability hearing.

Is the Disability Insurance Company Your Friend?

Mon, 15 Dec 2025 19:45:48 GMT

Many employers provide disability insurance benefits for its workers. We do. Short-term and long-term disability benefits are crucial to being able to pay living expenses for someone who is ill or injured and cannot work. Is the disability insurance company your friend?

The insurance company that is to pay benefits can make the claims process very confusing and difficult. The burden is on the applicant to prove disability. The insurance company does not have any obligation to make sure the claim is complete, including securing all medical records.

If the claim is not well supported, the insurance company does not have to pay benefits.

We represent people who are applying for or have been denied employer-provided disability benefits. Hurdles we frequently see in representing people seeking disability benefits provided by the employer, include:

Denying that it has received certain medical records even while the treating clinic has told the applicant they have been submitted to the insurer.
Misstating the actual medical conditions including minimizing the impact of a diagnosed condition.
Denying that a person has disability benefits coverage — when it actually exists.
Misquoting a treating doctor about a condition. The insurer will have its in-house independent doctor call a treating doctor for clarification. The insurance company doctor then misstates what the treating doctor reported. The bad information goes into the claim file and a claim is denied or benefits are terminated.

The list of insurance company methods to deny a proper disability benefits claim knows no end.

The insurance company is not your friend.

4 Facts You May Not Know About Social Security

Mon, 15 Dec 2025 19:45:48 GMT

Social security disability lawyers in Kansas City are full of facts, information, and data about social security and they’re here with the BurnettDriskill, Attorneys, disability lawyers in Kansas City, to share them with you today. From a railroad disability attorney in Kansas City to an attorney for disability in Kansas City, everyone should know these simple and fun facts about social security. Here are 4 Facts You May Not Know About Social Security! Lets dive in!

Social Security Pays Benefits To Kids

The disability law firm in Kansas City always reminds their clients that Social Security pays benefits to unmarried children whose parents are deceased, disabled, or even retired.

Social Security Can Pay Benefits To Parents

Your disability attorney in Kansas City can guide you through this process if applicable. Most people know that when a worker dies, benefits are paid to surviving spouses and children. Something you may not be aware of is that in certain situations, social security pays benefits to a surviving parent in some cases.

Widows & Widowers Payments Can Continue If Remarried After 60

Remarriage ends survivors benefits in most cases, but not if remarried after the age of 60. This is something that your federal disability attorney in Kansas City will be able to help you with.

If A Spouse Draws Reduced Retirement Benefits Before Their Spouses Benefits Starts, They Will Not Receive 50% Of The Workers Benefit Amount

This is where it all gets tricky, and you should always consult with your attorney. Your full spouses benefit could be up to 50% of your spouses full retirement age amount if you are full retirement age at the time this took place. The reduction rates for retirement and spouses benefits are different. If your current spouse is younger than you are, you cannot receive benefits unless they are receiving benefits.

How Do I Apply For Disability In Kansas?

Mon, 15 Dec 2025 19:45:48 GMT

Learning how to apply for disability in Kansas City and what medical conditions can you apply for is extremely important, and thankfully these disability lawyers in Kansas City are here to help. Your disability attorney in Kansas City will be a great resource to help you understand the process of application and the benefits of applying. Lets answer the question of how do I apply for disability in Kansas City today!

You are able to apply for Social Security disability with your social security disability lawyers in Kansas City for any of the medical conditions that:

Is considered “severe.”
Prevents you from working or being able to function correctly, classifying as substantially gainful
Has lasted 12 months or more, or expected to last as long.

The disability appeal process in Kansas City can be confusing when applied to specific situations without proper knowledge. That is why we suggest working with BurnettDriskill, a disability law firm in Kansas City, during the entire process.

Regarding the previous third bullet point, this does not always mean that you have to be patient for 12 months before filing a claim for social security disability with your federal disability attorney in Kansas City. In other words, if your physical or mental condition is preventing you from working, filing is going to be the best decision for you.

Please note that even if you do not qualify for SSD due to insufficient work credits, you are still able to file a claim, but the determination of what you can apply for will be decided by the social security office where you apply.

Learning how to apply for social security disability is extremely important, and essential for a lot of people. In regards to physical impairments, disability applications often cite the following ailments: osteoarthritis and other forms of arthritis (such as rheumatoid arthritis), heart problems, high blood pressure, diabetes, diabetic neuropathy, MS, irritable bowel syndrome, Crohn’s disease, peripheral artery disease, various forms of cancer, eye problems, hearing problems, epilepsy, asthma, COPD, reflex sympathetic dystrophy, muscular dystrophy, and Meniere’s disease.

Consult with your social security disability lawyer today on your claims process and what other information you need to apply!

The Four Levels of Social Security Disability Appeal Part 3: The Appeals Council

Mon, 15 Dec 2025 19:45:48 GMT

Social security disability lawyers in Kansas City are trained to ensure that your unique and essential cases are handled with care and precision. From a federal disability attorney in Kansas City to a railroad disability attorney in Kansas City, there are a lot of areas to study and specialize in, so BurnettDriskill, Attorneys, disability law firm in Kansas City, will have you covered. The question is always asked, “how do I file for disability Kansas city?, and the disability lawyers in Kansas City are here to answer that question for you. – SSD Appeal The Appeals Council

The Appeals Council

If you lose your disability hearing, you and your attorney for disability in Kansas City can request that the Appeals Council review your case. What is the Appeals Council? The appeals council randomly selects cases for review and has the discretion to grant, deny, or dismiss cases based on their analysis of your request.

The Appeals Council is allowed to dismiss your case without reviewing it unless it applies to one of the following:

An abuse of discretion. For example, if your hearing was cut short or if an error of law was committed by the ALJ.
The ALJs decision is not supported by substantial evidence.
The ALJ’s decision is not supported by a broad policy or if a procedural issue is raised.

If you file late, request a dismissal, or die, the Appeals Council may also dismiss your claim without reviewing it.

The Appeals Council usually looks for a flaw in the ALJs decision before continuing to grant a review of your case. In these situations, your chance of winning is only 2% to 3%. The Appeals Council is a difficult place to find success. The reason most people file a request with the Appeals Council is to exhaust all the SSA administrative appeal avenues. BurnettDriskill, Attorneys can help you through this process.

When Can I Get Disability Benefits After A Workers Comp Claim?

Mon, 15 Dec 2025 19:45:48 GMT

Whether youre looking for a railroad disability attorney in Kansas City or simply just an attorney for disability in Kansas City, we are here to ensure you get the benefits you deserve after an injury. Several factors affect how long it can take before you are able to know if you are qualified for permanent disability benefits, and then begin receiving checks after suffering from a work-related injury or illness, BurnettDriskill, disability lawyers in Kansas City, will tell you. First, youll have to go through a medical and legal process of determination with your disability attorney, that your medical condition isnt likely to change or prevent you from working. When Can I Get Disability Benefits After A Workers Comp Claim?

Eligibility For Permanent Disability

Learning the answer to the question, how do I file for disability in Kansas city comes from gaining as much information as possible from our disability law firm in Kansas City. The first step you’ll need to take toward achieving your worker’s comp benefits is to show that you meet all of the basic eligibility requirements, which is a big part of the disability appeal process in Kansas City.

Your employer must have workers comp insurance
You must be an eligible employee in the company
You must have an ailment that is covered by the workers comp agreement
You must file a workers comp claim under the proper procedures
You must follow your states rules for getting medical treatment from a workers comp treating doctor.

Whether the benefits you receive are for partial or total permanent disability, some states allow you to opt for a lump-sum payment in a workers comp settlement, which your lawyer will be able to help you determine. Remember to rely on trustworthy professionals in Kanas City to help you get the job done!

What You Need to Know About Social Media and the SSA

Mon, 15 Dec 2025 19:45:48 GMT

If you havent yet heard, the Trump administration recently proposed a couple of months ago that the Social Security Administration start using social media to determine whether those that have applied for disability benefits are in fact qualified. If youre asking the question, How do I file for disability in Kansas City? youre probably also curious as to what this proposal means for you. As disability lawyers in Kansas City, heres what you need to know about social media and the SSA.

Applying for Social Security Disability Insurance (SSDI) isnt necessarily the easiest process. Majority of applicants get denied the first time, proving the process to be fairly difficult, especially without a disability attorney in Kansas City helping you. The reason for the many application rejections is because it has been argued that cheating is a common occurrence in the program.

So where does social media play in all of this and how would it help the SSDI crack down on this cheating problem? The U.S. Government argues that social media monitoring will help weed out the many fraudulent disability claimants. For example, if you’re applying for Social Security benefits, but your social media activity shows photos of you participating in physical activities such as running, swimming, or even throwing a frisbee, you can expect denial of such benefits.

There are many criticisms of this proposal, as disability advocates and Social Security disability lawyers in Kansas City believe this to be an extreme act of privacy and doesnt measure an applicants lifestyle accurately. Photos can immensely offer misleading evidence nowadays with the use of editing applications. Additionally, social media is a highlight reel, meaning people only post the best of the best photographs of themselves.

As a disability law firm in Kansas City, we understand that there is an extremely long history of fraud and abuse within the SSDI program. While social media monitoring has already been used in some investigations and has been successful in arresting many people who defrauded the SSDI, there is still much discussion to be had about making it a regular tool in evaluating disability applications.

If you feel as though you’ve been wrongly denied because of social media monitoring, our disability lawyers in Kansas City are here to help. We will work with you in the disability appeal process in Kansas City to ensure you receive the benefits you rightly deserve.

What to Know About Social Security and Invisible Disability in Kansas City

Mon, 15 Dec 2025 19:45:48 GMT

What do anxiety, depression, post-traumatic stress disorder, chronic pain, and fatigue have it common? They’re all “invisible” disabilities. This is What to Know About Social Security and Invisible Disability in Kansas City!

An invisible disability is not so apparent to the naked eye. While an amput ee or someone in a wheelchair shows an observable disability, someone who has a mental disorder or chronic pain that limits their ability to perform everyday activities may find themselves asking the question, “ How do I file for disability in Kansas City ?

Applying for SSDI when someone h as an invisible disability can be a draining and upsetting process . Not all disabilities are visible, and many conditions dont have clear-cut definition s, which makes it difficult in the disability appeal process in Kansas City. It is very easy for the Social Security Administration to deny someone applying for SSDI without much p roof, whether that is physical characteristics or medical documentation.

Despite how common mental disorders are in the United States, there are still misconceptions about these conditions. For example, if you are unable to perform tasks at your current job, but can perform different tasks held a previously held position, you may not qualify.

If youre considering applying for SSDI, working with social security disability lawyers in Kansas City can dramatically increase your chance of getting approved. Nearly 70% of people who file get denied their first time. Disability lawyers in Kansas City have the knowledge needed to file or appeal a qualified claim . The Social Security Administration can be relentless when it comes to approving SSDI claims.

You need a certified attorney for disability in Kansas City who will get you the benefits you deserve. No one impacted by an invisible dis ability should be questioned or doubted about their condition, which is why BurnettDriskill, Attorneys is here to help. As a trusted disability law firm in Kansas City , you will work with an experienced disability attorney in Kansas City who will review your case front to back and fight for the benefits youre entitled to. Give us a call at (816) 844-3401 to schedule your fr ee consultation.

What Makes Up Railroad Disability Benefits?

Mon, 15 Dec 2025 19:45:48 GMT

If you have been searching for a railroad disability attorney in Kansas City, we believe you have come to the right place. Here at Burnett & Driskill, trusted disability lawyers in Kansas City, we pride ourselves on being well versed in the world of railroad disability and what makes up railroad disability benefits.

Railroad Disability Benefits

When it comes to railroad disability, any disability attorney in Kansas City can tell you that it is often broken into two tiers. The first tier of benefits includes retirement, disability, spousal, and survivor type benefits. Similar to social security benefits, railroad disability is calculated the same but have different rules on eligibility. The second tier is one that entails what is similar to a private pension plan. The benefits received are calculated based on the average income of the worker.

The Railroad Retirement Board, or RRB, has more information about the complex formula on their website rrb.gov. While there seem to be many similarities between Social Security Benefits and Railroad Disability Benefits, there are a few differences. A railroad disability attorney in Kansas City can tell you that you can receive unemployment or sickness benefits through railroad disability. What this can do is often allocate more funds in your direction, leading to a higher benefit check. To receive the maximum amount of benefits that you are entitled to, it is best to hire a disability attorney in Kansas City to ensure the process is completed correctly. The appeal process has been proven to be a long and challenging experience.

As disability lawyers in Kansas City, our staff at Burnett & Driskill is prepared to answer your questions about the difficult times that the appeal process can be. We would like to assist you in your journey of receiving the maximum amount of railroad disability you are entitled to. Call your trusted disability law firm in Kansas City today for a consultation or to discuss your legal needs at 816-844-3401.

President Trump’s Effect on Social Security Disability Benefits

Mon, 15 Dec 2025 19:45:48 GMT

President Trump’s Effect on Social Security Disability Benefits

by Kyle Sciolaro

Since the election of Donald Trump, three of my clients have asked me how his administrations policies will affect Social Security disability benefits. Setting aside political preferences, I understand concern — for any reason — about the viability of the Social Security disability programs. These benefits are the sole means of survival for many millions of people.

I suspect that some of this concern stems from reports in December 2016 about proposed Republican-sponsored House legislation that would change Social Security retirement benefits [1]. However, when campaigning, candidate Trump advocated maintaining the current Social Security retirement program. [2].

President Trump has not publicly commented on Social Security disability benefits. In 2011, though, he authored the book Time to Get Tough: Making America #1 Again. He briefly commented on Social Security disability:

“Then theres the disability racket. Did you know that one out of every twenty people in America now claims disability? That adds up to $170 billion a year in disability checks. Between 2005 and 2009, it is estimated that $25 billion were eaten up in fraudulent Social Security Disability Insurance filings.” [3]

Its not clear whether Trump still believes this. In fact, some might say its not clear whether Trump believed it when he wrote it. What is clear that Trumps popularity would suffer if the public were to perceive him as responsible for reductions and terminations in benefits. After all, there are approximately 18 million people on SSDI and SSI. This accounts for roughly 7% of the working age population. [4]. This is a considerable number of voters.

Trumps recent hiring freeze is probably the most immediate and obvious action that could affect disability benefits. As a federal agency, the Social Security Administration is subject to the hiring freeze. Consequently, the lengthy wait for a hearing before an administrative law judge after an initial denial will continue. [5]. However, agencies have been afforded 90 days to develop a plan, after which the hiring freeze will expire. [6]. Its too soon to tell how this will unfold.

The President can shape Social Security Administration policy through his selection of the agency’s commissioner. Trump has not yet appointed a new Social Security Administration commissioner. For now, Nancy Berryhill serves as the agency’s temporary commissioner. Berryhill is a lifelong Social Security Administration employee. Employed there for over 40 years, she has experienced several presidential shuffles. Her recent public statement did not suggest that she would enact any changes. [7].

There has also been attention paid to Trumps proposed director of the Department of Health and Human Services, Tom Price. Price has most certainly been a proponent of Social Security disability reform. [8]. He has opposed borrowing from the Social Security retirement fund to cover deficits in the Social Security disability budget. [9]. However, the Social Security Administration is an independent agency. The Department of Health and Human Services no longer exercises control over the Social Security Administration or federal disability benefits.

In conclusion, it is too early to conclude exactly what effect Trump will have on Social Security disability benefits. But his temporary hiring freeze guarantees that the backlog of cases awaiting hearing will move no faster than before. Other changes will depend upon his selection of a new commissioner and any developing political pressure.

To express your opinion to Trump, visit https://www.whitehouse.gov/contact and https://www.donaldjtrump.com/contact. When he selects a new Social Security Administration commissioner, you may share your view with your Senator who will be responsible for voting on confirmation of Trumps appointee. https://www.senate.gov/senators/contact/ .

Citations

[1] https://www.nytimes.com/2016/12/17/opinion/sunday/will-donald-trump-cave-on-social-security.html?_r=0

[2] https://www.c-span.org/video/?c4568033/donald-trump-social-security

[3] https://books.google.com/books?id=q5XmAgAAQBAJ&pg=PA77

[4] https://www.ssa.gov/policy/docs/statcomps/ssi_sc/2015/table01.html ; https://www.ssa.gov/policy/docs/statcomps/di_asr/ ; https://fred.stlouisfed.org/series/LFWA64TTUSM647S

[5] https://www.bloomberg.com/news/articles/2017-01-27/trump-freeze-seen-worsening-526-day-disability-case-backlog

[6] http://www.govexec.com/management/2017/01/here-are-details-trumps-governmentwide-hiring-freeze/134803

[7] http://socsecnews.blogspot.com/2017/01/a-message-from-new-acting-commissioner.html

[8] https://www.facebook.com/reptomprice/posts/10152648690140421

[9] http://thehill.com/policy/finance/230593-congress-torn-over-depleted-disability-fund

How the SSA Determines Benefits for the Disabled

Mon, 15 Dec 2025 19:45:48 GMT

Through our years as a disability attorney in Kansas City, we have spent much time with the SSA, or social security administration. We have spent time in their provided information and learned how the system works. Our team of disability lawyers in Kansas City want to share with you how they determine disability qualifications in terms of giving benefits. Let’s talk about how the SSA determines benefits for the disabled.

SSA determines Benefits

They claim that in order to qualify for the benefits, you need to have worked in jobs that are covered by social security. The next step is to have a medical condition that meets their definition of disabled. Their definition is unique as they define disabled as total disability, which is different than other definitions and Kansas City disability law. What that means is that you are classified as disabled if you cant do the same work as you did prior, the condition has or will last one year or more, your condition could result in your death, or if the SSA decides you cannot adjust to a different type of work because of your situation. The SSA will not pay out any benefits or partial disability.

It is our job as social security disability lawyers in Kansas City to ensure you get the max amount of benefits you are allowed. If you have questions about your eligibility or if you qualify under their definition of disabled, call our experts today at your local disability law firm in Kansas City for assistance. Our team of qualified disability attorneys in Kansas City is equipped with the knowledge you need to get you through the appeal process and gain you access to your well-deserved funds. Call today to reach an attorney for disability in Kansas City at 816-844-3401.

Should You File An Appeal With The Appeals Council?

Mon, 15 Dec 2025 19:45:48 GMT

Above all, as disability lawyers in Kansas City, we know that a lot of legal information, decisions, and changes can be confusing and stressful. We want to make your decision-making process as simple and easy to understand as possible. From questions ranging from how do I file for disability Kansas City, or should I appeal my disability denial to appeals council; we are here to cover it all! You have found an attorney for disability in Kansas City, and we are excited to help! Should You File An Appeal With The Appeals Council?

There are several different advantages and disadvantages that you should be aware of before making this major decision to, or not to, file an appeal with the appeals council. The disability process in Kansas City can be delicate and detail oriented, so here are some of the things you should be aware of and discuss with your disability law firm in Kansas City.

Advantages:

You will retain the right to bring your case to court. If you do not appeal to the Appeals Council, you can no longer pursue receiving Social Security benefits under your present conditions.

New medical evidence may still be considered, some that you may not even know of. New medical evidence that is dated on or before the date of your hearing decision can be determined to be new material for your case. This can serve to help you and your disability attorney in Kansas City.

Disadvantages:

The appeals process can be extremely time-consuming. Across the entire nation, the average processing time for the Appeals Council is 345 days. That’s a lot, even for this federal disability attorney in Kansas City.

You cannot file a new application for benefits. By filing, you are preventing yourself from submitting a new application until the Appeals Council has reached a final decision.

New medical evidence may not be allowed in. No matter what you find, it is not applicable any longer. The Appeals Council will return the new evidence you send them with an explanation of why it is not going to be considered in your case.

What is Railroad Disability?

Mon, 15 Dec 2025 19:45:48 GMT

Similar to Social Security Disability, railroad disability in Kansas City has some of the same requirements for eligibility. For full disability benefits, those who have been a RR worker are required to have a minimum of ten years of covered benefits. Partial benefits can be earned, but to receive the maximum amount they must have those ten years of employment with the railroad.

Those who do receive railroad disability benefits in Kansas City also have the opportunity to receive an occupational disability benefit. Unlike other disability benefits, the occupational benefit can help those who can still do some type of work but suffer from a disability that stops them from their usual railroad job responsibilities.

The disability appeal process in Kansas City can be a rocky road to guide alone, so it does help to find a trusted Kansas City railroad disability lawyer to assist you through the process. If you or a loved one has been denied for railroad disability benefits in Kansas City , call our experts at your local disability law firm in Kansas City to see what we can do for you. Our disability lawyers in Kansas City are ready to see your case and assist you as much as we can through the process. Our team of qualified individuals are prepared for any case at hand and are happy to assist our loyal clients. Please call us today if you need assistance with social security, veterans or other disability benefits you have previously been denied for.

Why Hiring a Disability Attorney in Kansas City is Necessary

Mon, 15 Dec 2025 19:45:48 GMT

Many people who file for Social Security Disability find the process very frustrating and stressful. Millions of claims are filed every year, a nd nearly 70 percent are denied. For those that do get rejected, this is why hiring a disability attorney in Kansas City is necessary.

Why Hire an Attorney

For starters, disability lawyers in Kansas City increase an individuals chanc e of getting approved during the appeal process significantly. The disability appeal process in Kansas City is anything but easy, and representation from a lawyer compared to representing yourself is the difference between getting approved and getting denied again.

Social Security disa bility lawyers in Kansas City have the knowledge and experience to present a case in a favorable manner. They know what information to use to argue against and persuade the Social Security Administration that your need for SSDI benefits is necessary.

Work ing with an attorney for disability in Kansas City will also know what documents and information are relevant and most essential for you to get approved. The SSA requires extensive medical evidence, a statement from your doctor, work history, etc.

When t o Hire an Attorney

If you are asking the question, How do I file for disability in Kansas City ? we suggest contacting a disability attorney as soon as possible. There is no harm in meeting with an attorney for a free consultation . If you do decide to work with a law firm for your case, you dont have to pay any fee unless you win.

If your initial application for SSDI is denied, you will have to go through an appeal process, which is definitely when you want to work with an attorney. While it is ultimate ly your decision to make, just remember that legal representation in the disability appeal process in Kansas City will increase your chance in getting approved for benefits tremendously.

If youre ready to file for SSDI or need help in your appeal and are looking for a trustworthy, qualified lawyer to represent your claim, BurnettDriskill Attorneys in Kansas City are just a phone call away.

Common Mistakes in Social Security Compensation

Mon, 15 Dec 2025 19:45:48 GMT

Preparing to collect your Social Security Benefits can be quite a daunting experience. Conveniently, there are many disability law firms in Kansas City to choose from when seeking help. There always seems to be more steps and even more paperwork, and truthfully it can become quite confusing for all. There are a few steps to pay extra attention to when you are trying to collect your benefits. These are common mistakes in social security compensation according to Social Security disability lawyers in Kansas City.

Mistakes in Social Security

The first factor to examine is the length of time you have been active in the workforce. For example, if you have worked for an entire 35 years, there is typically no concern there. However, many working citizens have been known to take off time here and there to do a variety of things. Whether it was to raise children, go back to school, or an illness, it’s all considered time away from employment. This step is crucial when trying to receive benefits because any time you are away from the workforce, your monthly benefit suffers and becomes less and less. That is not the ideal scenario, so to maximize your benefits, you need to look at exactly how long you were active in the workforce. If you suffered time away due to illness or injury, then disability lawyers in Kansas City can help you receive the additional benefits you deserve.

The second item to evaluate is your age at the time of application. Now, there is no exact age for this portion. The earliest anyone can receive their Social Security Benefit is age 62. With that being said, if benefits are being pulled that early, there is a higher percentage of your benefits that are deducted. The “ideal” age to receive your Social Security Benefits, according to disability attorneys in Kansas City, is 67. At that age, there is no deduction on the benefits received. This age is also deemed the “Full Retirement Age,” or FRA, for anyone born after 1960. If you happen to have been born before that year, there are many charts and estimations on when you would be considered to have reached FRA. Once both those steps and factors have been evaluated and examined, it is time for you to determine how to maximize your benefits.

However, there is a different process for Social Security Disability payments altogether. There are many more qualifications to be met. If you have questions on if you meet the criteria or about the disability appeal process in Kansas City, please contact your local Social Security disability lawyers in Kansas City.

Contact the team at Burnett & Driskill, one of the most trusted disability lawyers in Kansas City, for any Social Security Disability concerns and other legal actions at 816-844-3401.

How These Three Federal Laws Protect the Disabled In Kansas City

Mon, 15 Dec 2025 19:45:48 GMT

For disability lawyers in Kansas City , there are three important Federal laws that protect those with disabilities and are worth noting: Americans with Disabilities Act (ADA), Individuals with Disabilities Education Act (IDEA), and Section 504 of The Rehabilitation Act . All discuss disability rights, but what makes them unique from one another? BurnettDriskill , Attorneys, a trusted disability law firm in Kansas City, will discuss the differences. ADA, IDEA, and Section 504: How These Three Federal Laws Protect the Disabled In Kansas City.

The Americans with Disabilities Act was signed in 1990 and essentially is responsible for prohibiting discrimination against disabled individuals in the workplace, communications, State and local government, public accommodations, and transportation. Under ADA, an individual with a disability must have a physical or mental impairment, or record of, that greatly limits one or more daily activities, or is deemed to have such an impairment. For an employer, reasonable accommodations must be made for the individual with a disability.

Initially passed in 1975 as the education for All Handicapp ed Children Act, the Individuals with Disabilities Education Act (IDEA) made it mandatory for children with disabilities to receive a free and appropriate education. Because it is free, the act provides funding for states to support special education serv ices . All eligible children must be given an Individual Education Program (IEP), which outlines the individual needs of each child.

Section 504 of The Rehabilitation Act was the first disability act to be enacted. It forbids discrimination among disabled people in programs that receive Federal funding and ensures those individuals have access to an education.

About BurnettDriskill , Attorneys

As well-respected d isability lawyers in Kansas City , we have been in practice for over 25 years, serving disabled individuals who are unable to help themselves. We are passionate about advocating for those during the disability appeal process in Kansas City and ensuring they obtain the benefits they are entitled to. If youve been denied or feel as though you are not receiving the disability benefits you deserve, BurnettDriskill , Attorneys can serve as your disability attorney in Kansas City to present your case persuasively, increasing your chance of winning. Schedule your free, no obligati on consultation today with one of our disability lawyers in Kansas City to see if you qualify for benefits. You aren’t charged anything unless we win your case. We take great pride in our integrity, experience, and committed service as your attorney for disability in Kansas City . Contact us today!

Social Security Disability Benefits – Will They Stop?

Mon, 15 Dec 2025 19:45:48 GMT

The disability appeal process in Kansas City can be long and confusing if you do not have trusted attorneys on your side. Even though you could gain social security disability benefits, there is a chance that you could lose or stop receiving them. It is not necessarily a common practice, but disability lawyers in Kansas City will tell you there are specific actions that can prevent these social security disability benefits.

Social Security Disability Benefits

Reaching the age of retirement is the first variable that could affect your disability benefits. While Social Security handles both retirement and disability benefits, the two areas are very different. The general rule is that you cannot receive both retirement and disability benefits. There is nothing you can do to slow your age or stop from reaching retirement age and collecting those benefits. It is just a reminder from your trusted disability law firm in Kansas City that both benefits will likely not be given to you in full after you receive retirement.

Returning to work is the next variable that could end your disability benefits. Disability attorneys in Kansas City want you to understand that going back to work lets the SSA know that your disability does not interfere with your ability to work and earn income. If you have passed your Trial Work Period, then you should not attempt to work to ensure you gain your full disability benefits.

The definition of disability from the SSA is not very flexible and has many standards to meet. If your status of disability changes, you could risk losing your disability benefits. Regular evaluations occur based upon the severity or expectations of your disability on your body and ability to work. Any attorney for disability in Kansas City will help you understand that during your appeal process and through t he length of your benefits. It is not a common practice for disability benefits to be ceased, but these are three events that could stop or delay the benefits from getting to you.

Social Security disability lawyers in Kansas City want to assist you through this process and help you gain the maximum amount of benefits you can. If you believe you need assistance or have questions, please do not hesitate to contact our disability law firm in Kansas City for a free consultation at 816-844-3401.

Role of Your Doctor When Filing for Disability In Kansas City

Mon, 15 Dec 2025 19:45:48 GMT

When applying for Social Security Disability Insurance (SSDI) in Kansas City, the role your doctor plays is quite extraordinary, yet is often overlooked. Medical records are vital in obtaining Social Security Disability benefits, so what exactly is the role of your doctor when filing for disability and how much influence does he or she have in the decision process? What is the role of your doctor when filing for disability in Kansas City?

As disability lawyers in Kansas City , clients ask us all the time why their doctor can t just tell the Social Security Administration (SSA) that they are disabled. Unfortunately, it isnt that easy, and there are specific requirements that must be met .

In short, the SSAs definition of disability is when a person is completely unable to pe rform any previously held positions, perform any similar positions, and essentially, perform any job without assistance.

For proof of disability, the SSA wants extensive medical evidence to prove that you genuinely have restrictions that prevent you from working any job. Your disability attorney in Kansas City will tell you that a simple note from your doctor isn’t enough proof to show the SSA that your conditions indeed do limit you. The extensive medi c al evidence theyre looking for are things like X-ra ys and test results that show how much weight you can lift, how long you can stand while working, how often you need to take breaks, etc. These are all things that prove functional limitation, not a diagnosis.

If you work with Social Security disability lawyers in Kansas City , they will be able to help you gather all of this information from your doctor that will assist in getting your claim approved. If your doctor feels that there isnt enough qualifying evidence to support your claim, an attorney for disability in Kansas City may suggest that your doctor refer you for a Residual Functional Capacity (RFC) which will deliver more documentation about your limitations.

If your initial claim does get denied, working with disability lawyers in Kansas City d uring the disability appeal process in Kansas City will benefit you tremendously in getting approved. Your lawyer will help you acquire more extensive and better medical information from your doctor to prove your disability to the SSA.

BurnettDriskill At torneys is a qualified disability law firm in Kansas City that is here and ready to help you obtain the Social Security benefits you deserve. Give us a call at 816-844-3401 today to schedule your free consultation.

Benefits of Working With a Social Security Disability Lawyer

Mon, 15 Dec 2025 19:45:48 GMT

So you applied for Social Security benefits with absolute certainty you would get approved. You waited and waited and waited just to find out you got denied! How is that possible? you think to yourself. You met all of the requirements or so you thought. So what are you supposed to do now? Apply again and again until the Social Security Administration gets annoyed with you and decides to approve you?

Unfortunately, that’s not how the system works. Millions of applicants are denied every year, the majority of who had no disability attorney in Kansas City representing them. If youre looking to apply for benefits or go through the disability appeal process in Kansas City, you may want to look into hiring a lawyer. Here are some benefits of working with a Social Security Disability Lawyer:

Knowledge of the System

Now, unless you work for a disability law firm in Kansas City yourself, then you most likely dont know much about how the SSA works. The SSA is a very complicated system. When working with disability lawyers in Kansas City, they will be able to walk you through the entire process, know exactly what documents you need, and help prepare the necessary information to represent your claim.

Increased Chance of Winning

Every year the SSA receives millions of applications for SSDI, and millions of applicants get denied every year. Your chances of winning Social Security benefits significantly increase if you have an attorney for disability in Kansas City representing you, rather than you representing yourself. Without an attorney’s help, you will waste a considerable amount of time, money, and effort trying to win your case.

Experienced Representation

Social Security disability lawyers in Kansas City are knowledgeable of the SSA system because of their many years of experience. BurnettDriskill, Attorneys has over 25 years of disability law experience under our belt. Our disability lawyers in Kansas City have dealt with thousands of cases and know exactly what is needed to prove your disability case in the best possible way to increase your chance of getting approved.

How Long Does the Social Security Disability Process Last?

Mon, 15 Dec 2025 19:45:48 GMT

A persons patience is understandably tested after suffering from a disabling condition and being unable to work. The length of time to get approved for social security disability benefits can stretch a persons patience even further. Let’s look at the Social Security Disability Process.

Social Security Disability Process

The wait time from application for social security disability benefits to receiving a decision from a social security judge has more than doubled since the year 2000. According to Social Security, the average national wait time between filing an application to receiving a decision went from around 250 days in 2000 to 600 days or more in the years 2017 and 2018.

The information from Social Security does not include the additional time if a person appeals an unfavorable decision, which can add two years or more to the process.

Although the process is daunting, youre not alone. The Kansas City Social Security Disability Attorneys at BurnettDriskill are here to help. Those applying for social security disability benefits that are represented by an attorney are much more likely to be approved for benefits. You deserve the best representation in what can be a long and difficult process during the most trying time of your life.

Apply for Disability Benefits. What Information Do I Need?

Mon, 15 Dec 2025 19:45:48 GMT

The disability appeal process in Kansas City can be difficult if you are unsure how to navigate it. Our team of disability lawyers in Kansas City are here to help you understand the ins and outs of the entire process. Let’s answer a common question: what information do I need to apply for disability benefits?

What Information Do I Need to Apply for Disability Benefits?

To start from the beginning, we would like to share with you the information you will need to begin the application process. Similar to the DMV, it is beneficial for you to have all paperwork and information before starting the process, or else it can quickly become frustrating. To begin with the basics, you will need your personal information. This can include your social security number, your spouses social, name, and birthdates of your children, date, and birthplace of yourself, and your banks information. For your financial institution, you should have ready their routing number and your account number. This makes the transfer of funds valid and can quickly enter your account. As an attorney for disability in Kansas City, we do understand how unsettling it can be just to give this information to the SSA, as we have always been told how important it is to keep it confidential. You can rest assured this information is safe with the SSA but ensure that it is the only place you are entering this information.

Disability lawyers in Kansas City can tell you that the next steps in the application process are providing your medical history and information on your condition. This may include detailed information about your specific situation, history of doctors and hospital visits, names of current medications, and the previous medical tests you have had performed. This is all standard and is used to ensure the validity of benefits. Lastly, they will ask for information about your work and work history. Your annual salary, employers, and a list of previous employers may be required in the application process.

Hopefully, this helps prepare you for the application process. We understand this is a lot of information to provide, but we are here to help. As one of the most trusted disability law firms in Kansas City, KS, we want to make sure you are getting the help you deserve in all aspects of the appeal process. Have you been denied disability benefits already? It is time to call us so we can help assist you through the disability appeal process in Kansas City and all that it entails. Call your local disability attorney in Kansas City today to get started.

How Long Can I Get Benefits?

Mon, 15 Dec 2025 19:45:48 GMT

If you are approved for Social Security disability benefits, you will receive a monthly payment for as long as you remain disabled, or until retirement age. When you reach full retirement age, your disability benefits will automatically change to retirement benefits. The amount you receive monthly should stay the same. Let’s look at a common question: how long can I get benefits?

Until you reach retirement age, you will periodically be reviewed by the SSA to determine whether you remain disabled. The period of time between reviews varies commonly, Administrative Law Judges (ALJs) will request in their decision that you be reviewed every 2 years. The law requires a review at least once every 3 years. If your medical condition is not expected to improve, they will still review your case, but in that event, they would wait 7 years between reviews.

Children are also periodically reviewed, whether or not their condition is expected to improve. Two months before a child turns 18, their case will be checked over to see if they still meet the definition of disability as an adult.

BurnettDriskill is happy to serve as your Kansas City Social Security disability partner. We can help guide you through the process and advise you on when your review may be.

Have You Received a Disability Review from Social Security Administration?

Mon, 15 Dec 2025 19:45:48 GMT

You have been on disability for a while now and you are suddenly notified by SSA that they are reviewing your claim for disability benefits. Included in the letter will be a form to complete with your ongoing updated medical treatment and daily activities . Once you have returned this information to SSA, they will collect your medical records and make a decision whether or not you are still disabled. This is the start of your disability review from the Social Security Administration.

Disability Review

If SSA state s you are still disabled, your benefits will not be affected and you will continue to receive your benefits.

If SSA claims you can return back to work, you have only TEN (10) days to contact SSA to continue your benefits through the review process. I suggest that you go into the local SSA office and request that your benefits are continued within that ten-day timeframe in person and request a receipt . Once you have missed this time frame, you will be unable to have your benefits re-instated until an approval of continuing disability has been made.

Once you have continued your benefits, you may choose to contact an attorney to help with your appeal which should be filed within 60 – days of the denial date. Your attorney will attend a hearing at the local DDS office with you.

At this time, if you are approved your benefits will continue or be re-instated if they have stopped. I f you are denied a second time, you may request a hearing for your case to be heard by an Administrative Law Judge. Any benefits that you are receiving at this time will cease until an approval decision has been made.

If at any time you are denied for disability, you will be responsible for repaying any benefits that you received during the time period you are now claimed disabled. If you are in dire need, you may complete an application to waive overpayment and submit to SSA. Unless SSA, agrees that you are dire need, you will be responsible for repaying the overpayment. You may set up a payment plan with SSA.

This can be a very frustrating and confusing time for you. We would be happy to discuss any questions you may if you receive a review request. Please contact us at BurnettDriskill (816)-781-4836.

Video Hearing? No, Thank You!

Mon, 15 Dec 2025 19:45:48 GMT

Do you want a video hearing or an in-person hearing before the SSA judge?

The Social Security Administration is moving aggressively to have hearings before the SSA judge or Administrative Law Judge conducted by video teleconferencing instead of an in-person hearing. This means your hearing could be scheduled before a judge from any part of the country.

However, a person seeking a hearing still has the right to opt-out of a video teleconference hearing and have it conducted in-person. Electing an in-person hearing may mean it will take longer for the hearing to be scheduled.

Regardless, it is our experience that an in-person hearing is better for the claimant for a variety of reasons.

The hearing is the best opportunity to present your case. Sometimes the best course of action to present that best case is to wait. We wait for all the medical records to come in from your all your doctors. Taking this delay in hearing could actually save time in lengthy appeals that are caused by incomplete records. Let us help you walk through this disability and hearing process.

BurnettDriskill, LLC focuses its law office practice on representing persons seeking disability benefits before the SSA, the Veterans Administration, insurance companies, the Railroad Retirement Board, and various state agencies. Your inquiry about helping you obtain the benefits you deserve is welcome.

Watch our video on hearings! BurnettDriskill Hearing

Social Security Disability and Guardianship

Mon, 15 Dec 2025 19:45:48 GMT

A parent of a child with a disability can face challenging issues when that child becomes an adult. This is especially true for children with intellectual disabilities and for children who are not competent to make important decisions.

A guardianship can help with these challenges. A guardianship is a legal tool that provides the guardian with authority and responsibility to make decisions on another persons behalf. This can be very useful for a parent concerned about their childs ability to make decisions, even as an adult.

For example, a guardianship will allow a guardian parent to file for Social Security disability benefits for his or her disabled adult child (who would be known as the ward). A guardianship also allows the guardian to make decisions about the wards medical care, as well as decisions about finances and personal affairs. These are important considerations for a person who is applying for or receiving Social Security disability benefits.

A guardianship is not always necessary, though. Sometimes Social Security disability benefits can be managed by a representative payee instead of a guardian. Other times, a durable power of attorney may be enough. An attorney familiar with Social Security disability law and guardianship law can help sort out what is most appropriate.

There are different types of legal tools available to help a disabled child transition into adulthood. A guardianship is one of these legal tools. It is crucial to talk with an experienced disability lawyer to discuss your familys important life planning options.

BurnettDriskill, Attorneys welcomes the opportunity to speak with you and your family about these challenging issues. To learn more about guardianship and Social Security disability, call 816.844.3401. Our office is centrally located in North Kansas City, convenient to residents of both Missouri and Kansas.

The Difference Between SSDI and SSI

Mon, 15 Dec 2025 19:45:48 GMT

While SSDI and SSI are both administered by the Social Security Administration (SSA), a disability attorney in Kansas City will tell you that they are not the same thing. Its very easy for these two to be used interchangeably, which is why many people are confused when told they are two completely different programs. To ensure were all on the same page here, we are going to discuss the difference between SSDI and SSI as disability lawyers in Kansas City for your understanding.

Social Security Disability Insurance (SSDI)

SSDI is an entitlement program for people younger than 65, regardless of income and assets, who have accumulated enough work credits and have contributed to the Social Security system for a minimum of ten years. Payroll taxes help fund the SSDI program.

Under SSDI, there is something known as auxiliary benefits. These are partial dependent benefits that a disabled persons spouse and children over the age of 18 may receive.

Because SSDI applicants are more likely to be covered by insurance, have higher income, have visited a doctor for their medical problems, and have a long work history, they are more likely to get approved than SSI applicants.

Supplemental Security Income (SSI)

Where SSDI is an entitlement program, SSI is a means-tested program, as in it’s a program that doesn’t deal with work history but is instead designed to help those with financial need. According to Social Security disability lawyers in Kansas City,

SSI disability benefits are given to low-income individuals who have less than $2,000 in assets, a limited income, and have either never worked or dont have enough work credits to qualify for SSDI. Another way to put it is that SSI helps disabled individuals who have a difficult time paying for food and shelter due to the inability to work and make sufficient income.

In most cases, for those who meet the income requirements for SSI also qualify for Medicaid benefits.

To see if you qualify for either SSDI or SSI, or need help with the disability appeal process in Kansas City, contact our team of disability lawyers in Kansas City at BurnettDriskill. Your chance of getting approved during the disability appeal process in Kansas City with an attorney for disability in Kansas City on your side. At BurnettDriskill we are dedicated to helping those who need help securing disability benefits.

What is Railroad Disability?

Mon, 15 Dec 2025 19:45:48 GMT

Our community may know us as a disability law firm , or a business that specifically works on disability law in Kansas City , but we are much more than that. We specialize in Veteran’s Affairs, Employee Disability, and much more. Through this article, we would like to educate our audiences about another area we take pride in focusing on railroad disability in Kansas City . Join us in exploring the world of Railroad Benefits and how you fit in through this informative blog.

What is the Railroad Benefit Program?

The Railroad Benefit Program is broken into many parts but specified into two specific tiers. Tier 1 includes retirement, disability, spousal, survivor, unemployment, and sickness benefits. Tier 2 is designed to compare to a defined benefit pension. As a Kansas City railroad disability lawyer , we understand it can become confusing if you do not know where you fall, and that is just fine. Our job is to assist you through the process and help you earn the railroad disability in Kansas City you deserve.

Tier 1 and Tier 2

To break it down even further, let us explore what Tier 1 was designed to do. This tier was made to take the place of the Social Security program. This program is generally calculated in a similar fashion to the Social Security program and allows those beneficiaries to earn a considerable compensation plan still. Tier 2, on the other hand, is a very different program. From a Kansas City railroad disability law firm , the main difference between the two is the correlation between the Social Security plans. What t he Railroad Retirement program and Social Security provide is the additional Tier II benefit available for railroad workers.

As a confident disability law firm , we want to help you through the process of receiving your benefits as easy as possible. Give our office a call today if you believe you are eligible for railroad benefits but do not know where to start. Our qualified lawyers are prepared to help you today!

Do You Have Disability Benefits Through Your Employer?

Mon, 15 Dec 2025 19:45:48 GMT

We frequently meet with people seeking disability benefits administered by the Social Security Administration, the Veterans Administration, and other government programs. One of our initial interview questions is to determine if the applicant may be eligible for other benefits.

Many are unaware their former employer had a short-term and/or a long-term disability benefit for employees unable to work because of health problems and issues. Also, many assume because they resigned their job because of health problems they are not eligible to make a claim. Most of the time, resigning a job is not a waiver of making a claim for disability benefits provided through an employer.

There are time limits to apply for benefits provided by employers. It is important to be aware of what financial help you may be entitled to secure. Contact us today so we can help you through the process. In the meantime, continue reading to find out what documents you need to apply .

President Trumps Effect on Social Security Disability: 2019 Update

Mon, 15 Dec 2025 19:45:48 GMT

In 2017, I wrote about President Trumps potential effect on the Social Security Administrations disability benefits programs. Since then, he has made further statements about and changes to the program. President Trump has made changes through his executive power, as well as proposing changes that require Congressional approval. These changes are of special interest to those applying for benefits (claimants), to those already receiving benefits (beneficiaries), and to advocates for the disabled (such as BurnettDriskill). Let’s look at President Trumps effect on Social Security disability.

Social Security Disability

President Trumps executive changes have come through an executive order that he recently issued. That order changes the way that the federal government selects administrative law judges (ALJ). [1] Because most disability claims are adjudicated before an ALJ, the selection process affects the majority of disability claim outcomes. Before President Trumps executive order, the Office of Personnel Management (OPM) selected ALJs. Under his new order, the Social Security Administration (SSA) will select its own ALJs. SSAs standards differ from OPMs standards, and there are different opinions about how the order will affect the impartiality and integrity of ALJ decisions. [2]

The Trump Administration has also proposed a rule change regarding the effect of an applicants inability to speak English well. The proposed rule is based on the idea that the failure to communicate English well is not a substantial vocational disadvantage in the modern economy. [3] One media outlet has argued that this idea is inconsistent with the Trump Administrations position elsewhere that immigrants who cannot speak English are less likely to find employment and should be denied entry through the border. [4]

President Trump has also proposed a 2020 budget to Congress. This budget calls for a large reduction in Social Security benefits, primarily through cuts to the disability program. President Trump has proposed the cuts to address SSA shortfall in cash. [5]. Before going into the budget details, it is important to emphasize that Congress has not enacted the budget into law. Given the divisive current political climate, Congress is not likely to do so.

President Trumps 2020 SSA budget encourages the use of government surveillance over social media networks to evaluate disability allegations. [6]. As a practical matter, this means that SSA may escalate its monitoring of Facebook and Instagram (to take two common examples) to review a beneficiarys disability. This is most likely in Continuing Disability Reviews, which occur only after a claimant has been approved for benefits. These reviews have involved some form of fraud surveillance for over 20 years. [7]. However, under President Trumps proposal, SSA would not need a fraud referral to investigate a beneficiarys social media account. [8].

President Trumps budget would also reduce a claimants ability to collect back benefits. Federal law currently allows a claimant to receive 12 months of back benefits from the date of his or her disability application (provided the claimant was disabled during that time). President Trumps change reduces that period of time to six months. [9]. The stated purpose is to limit the period of time for which a claimant can receive retroactive benefits. In addition to its effect on claimants, the change would also limit the financial incentive for disability attorneys to represent claimants. This is because disability attorneys receive legal fees from claimants back benefits. If adopted, the change is estimated to save SSA almost one billion dollars annually. [10].

President Trump offered similar proposals in previous years. For instance, a 2018 budget proposal would have required certain claimants to engage in rehabilitation before receiving benefits. In particular, the plan targeted claimants with orthopedic impairments. [11].

President Trumps 2018 budget would have also limited the ability to receive both disability benefits and unemployment benefits for the same period of joblessness. This ability to receive both forms of benefits is technically allowed under current regulations. However, SSA and ALJs do not look favorably on a disability claimant who received unemployment benefits — mostly because a person who receives unemployment benefits is representing to the state that he or is she is capable of working and is looking for work. President Trumps proposed change would formalize SSAs often-practiced custom.

At the same time, Trump has also advised caution in reducing Social Security benefits, instead focusing on the need to build a great economy. [12]. This is logical, as there is an inverse relationship between the strength of the economy and the number of disability claims. In other words, the stronger the economy, the fewer the disability claims. However, medical conditions prevent people from working even in the best financial times. BurnettDriskill is prepared to assist those who are unable to work regardless of the economic and political conditions.

Citations

[1] https://www.whitehouse.gov/presidential-actions/executive-order-excepting-administrative-law-judges-competitive-service/

[2] https://www.washingtonpost.com/news/powerpost/wp/2018/07/13/trump-order-risks-politicization-of-administrative-judiciary/?utm_term=.8da32750baeb

[3] https://www.govinfo.gov/content/pkg/FR-2019-02-01/pdf/2019-00250.pdf

[4] https://www.nationalmemo.com/trump-administration-is-chipping-away-at-social-security-benefits/

[5] https://www.fool.com/retirement/2019/03/21/has-trump-broken-his-social-security-promise.aspx

[6] https://www.ssa.gov/budget/FY20Files/2020BO.pdf

[7] https://oig.ssa.gov/cooperative-disability-investigations-cdi

[8] https://gen.medium.com/the-trump-administration-wants-to-snoop-on-disabled-americans-f2fcaae78ad3

[9] https://www.seattlepi.com/seattlenews/article/Where-Trump-s-stealth-Social-Security-cuts-11204116.php

[10] https://www.foxbusiness.com/markets/trump-outlines-a-significant-social-security-cut-in-his-2020-budget

[11] http://www.nasuad.org/sites/nasuad/files/NASUAD_FY2018_Budget_Memo.pdf

[12] https://www.fool.com/retirement/2019/06/07/donald-trump-on-social-security-9-things-you-shoul.aspx

Disability Appeal Process in Kansas City

Mon, 15 Dec 2025 19:45:48 GMT

When someone applies for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SS I), the Social Security Administration (SSA) first has to ensure that the application is correct. Unfortunately, the majority of applications are denied the first time, forcing people to go through the disability appeal process in Kansas City . However, if you want to win your case, youre going to need a skilled disability attorney in Kansas City to increase your chance. During the appeal process, there are four steps that are important to understand.

Disability Appeal Process

In the first level of the disability appeal process in Kansas City , som eone will review the claim and all evidence that was submitted . In some instances, the person applying will meet with someone from the SSA to explain why they feel they should be reconsidered.

ALJ Hearing

If your request for reconsideration gets denied, you and your attorney for disability in Kansas City have the option to get a hearing before an administrative law judge (ALJ) . These judges typically approve half of the disability applicants, meaning your chance of working with social security disability lawyers in Kansas City and going to court and winning is high.

Appeals Council

If your hearing in front of an administrative law judge is denied, you can then request for the Appeals Council to review your case. The Appeals Council has the option to grant, deny, or dismiss claims. The chance of getting your case accepted for review is relatively slim. However, if the council does decide to hear it, they will either make a decision or give the case back to the ALJ.

Federal Court

If your Appeals Council doe sn’t approve the petitioner, the fourth and final step in the disability appeal process is federal court.

As you can see, the disability appeal process in Kansas City is a long and trying road, which is why having disability lawyers in Kansas City guide you through the process and present your case in a professional manner will increase your chance of getting approved.

Who Leads the Social Security Administration?

Mon, 15 Dec 2025 19:45:48 GMT

The highest position at the Social Security Administration is the Commissioner. He or she heads the department, and reports directly to the President of the United States.

The Commissioners Office provides executive leadership, heading up the Social Security Administration. It is tasked with policy, administrative, and program development. It provides research on economic insecurity in America and interacts with the news media.

The current Commissioner, Andrew Saul, was appointed to position by President Trump on June 17, 2019. He will serve a 6-year term, ending in 2025. Serving under George W. Bush and Barack Obama, Commissioner Saul previously headed the Federal Thrift Investment Board (FTIB) from 2002 to 2011. There he oversaw the Thrift Savings Plan, providing federal employees additional retirement security opportunities.

Commissioner Saul has stated an intention to review the SSAs five-year IT modernization plan from top-to-bottom. He acknowledged that failed projects and cluttered systems have created a growing backlog of Social Security disability claims that needs to be addressed. At this time, the average wait for a Social Security disability hearing is one year.

In Kansas City, BurnettDriskill approaches Social Security with a top-to-bottom philosophy as well. We strive to learn all facets of the system, from the broad vision of the Commissioner down to the most up-to-date filing forms, to ensure that our clients have the smoothest experience possible in a confusing process.

SSD Hearings Go Telephone During COVID-19

Mon, 15 Dec 2025 19:45:48 GMT

At this time, Social Security offices around the country are closed due to COVID-19. What does this mean for claimants who have a Social Security disability benefits hearing scheduled during this event? Those seeking disability will be given the option to postpone their hearing until a later date or to have the hearing by telephone.

In Kansas City, most of BurnettDriskills clients are opting for a telephone hearing. So how is that different from business as usual?

First, if your phone number has changed, be sure to update the Social Security Administration. An employee of the hearing office will be calling at the same date and time that your original hearing was scheduled. On the line with you will be the Administrative Law Judge (ALJ), your attorney (if you have one), the hearing recorder, and the Vocational Expert.

The Administrative Law Judge (ALJ) will talk to you about hearing privacy. It is important that you are alone in a quiet space for the hearing. The ALJ may have you specifically state that no one is in the room with you, and that no one is recording the hearing.

The hearing will then proceed. If at any time you change your mind and want an in-person hearing, you just need to let the judge know. The hearing will be paused and resumed in person at a later date.

Social Security Scams: Protect Yourself

Mon, 15 Dec 2025 19:45:48 GMT

In recent times there has been an influx in the amount of creative ways that criminals are trying to scam innocent people for their hard-earned money. Has someone recently called you? Did they call from an unknown phone number or a local phone number? Sometimes its even a number that is very close to your own. Did they pretend to be a government employee? These scammers will use scare tactics to try and trick you into giving them your money and personal information. They will use threats and demand payment so you can avoid legal issues or an arrest. Do not talk to these people. Hang up the phone, do not give them any information or money. If you can get their name and number report them to OIG.SSA.GOV.

The Social Security Administration (SSA) can occasionally call you. But they will never threaten you, suspend your Social Security Number, demand immediate payment from you, or require payments via cash, gift cards, pre-paid debit cards or wire transfers. If they ask for gift card numbers over the phone or ask you to wire/mail them cash they are a scammer.

Things to look for to help identify scams:

They report a problem with your Social Security Number by mail or especially call/email.
They ask you to pay a debt in various ways by phone like gift cards, wire transfer, and bank account information.
They threaten you with jail time.

Please be mindful! Your Caller ID and/or documents that you receive from these scammers look official. BUT THEY ARE NOT.

Even if you realized you were scammed after you gave them your personal information or money. It is not too late. Report the scam to OIG.SSA.GOV.

Dont let someone take advantage of you for not knowing. Protect yourself and protect your money.

Social Security Disability by Definition

Mon, 15 Dec 2025 19:45:48 GMT

We have become known as one of the most trusted social security disability lawyers in Kansas City through our years in the area. Creating a reputable name in the industry takes time and extensive practice. Thankfully our lawyers at BurnettDriskill Attorneys have proudly gained through the years. It can be a complicated process to understand if you are new to it, and that is okay. That is what we are here to do as a disability lawyer in Kansas City . These articles are dedicated to educating our audience on how their benefits work. Continue through this article to gain a greater understanding of the process of social security disabilit y and where you fall into it.

What is Social Security Disability?

Known as t he Social Security Disability Insurance program , or SSDI, is a system designed to aid those with disabilities. Many individuals have asked the question, How do I file for disability in Kansas City? because the process can truly be confusing. However, it doesnt have to be. D isability lawyers in Kansas City have been through the process many times and are here to help you understand the whole program. We are prepared to join you through this journey in disability law, and excited to be trusted with your benefit plans.

The process begins with you gathering important information and documents specified by the SSA in this article. After that, you submit your application, and the waiting begins. Behind the scenes, the SSA reviews your application and eligibility for the program. Next, they evaluate your work activities and then process the application. After that, your application will then be accepted or denied. If you have been denied, and you believe you have met all the requirements, it may be time to contact a disability law firm to explore your options. An appeal could be a potential option for you.

Our disability lawyers have been through the process and are here to help you understand the process.

Need SSDI Help?

Social security can be a puzzling process if you do not have the right resources. BurnettDriskill is a well-known disability attorney that is ready to assist you in any complications through the application, submission, and appeal process. If you are prepared to discuss either disability benefits or will planning in Kansas City, it is time to call your local expert in Kansas City disability law to see what we can do for you to keep your identity safe.

Why You Need a Disability Attorney?

Mon, 15 Dec 2025 19:45:48 GMT

Through our years working with disability law in Kansas City , we have seen a variety of different cases. Each come with their own challenges and unique presets. In this line of work, we have often seen individuals try and represent themselves rather than finding a professional disability law firm in Kansas City . It may work in some situations, but sadly many cases go unsolved due to the inexperience some individuals have in this area. BurnettDriskill Attorneys strongly encourages you to explore your options and find a qualified disability lawyer in Kansas City to assist you through what can be a very difficult process. Through this article, we are going to explore the reasons we believe you need a disability attorney on your side.

Education

Having a disability attorney in Kansas City on your side gives you a boost against those who choose to self-represent. Our experts have spent years learning the legal process and the ins and outs of everything Social Security. Our legal team, meet them here , have many years spent on education and practice alone in our field of disability law in Kansas City .

Portfolio

The General Accounting Office conducted a study of cases between 1997 and 2002 showing interesting results. This study proved that those who are represented by an attorney are more likely to receive benefits compared to those who self-represent. While the SSA does not require representation, it is in your best interest to hire social security disability lawyers in Kansas City . Our educated staff is continually working hard to assist those needing the benefits they have earned. It is our job to do everything in our power to make sure our clients are accurately represented and given a better chance of getting their benefits.

Sure, you could represent yourself throughout your social security case. However, that is not in your best interest as research has shown. BurnettDriskill Attorneys are here and prepared to provide representation and assistance through the confusing Social Security Disability Appeal Process. Our resources have prepared us for a variety of different cases, giving us tools to best represent those who seek our assistance.

If you believe you require a disability attorney in Kansas City , it is time to contact BurnettDriskill Attorneys. Contact our office here or call us at 816-844-3401 to discuss the best options for your success.

Are You Protecting Your SSA Benefits?

Mon, 15 Dec 2025 19:45:48 GMT

Fraud by government imposters apparently is a major activity by criminals. The Social Security Administration places a large emphasis in urging its clients to be proactive in protecting your SSA benefit.

The Agency has provided five critical scam resources:

Read the SSA fact sheet Beware of Social Security Phone Scams (ssa.gov/antifraudfacts) to learn how to spot fake calls and emails.
Visit our Office of the Inspector Generals Scam Awareness page (oig,ssa.gov/scam) for information on phone scamsand how to report them to our Office of the Inspector General.
Read our blog post (blog.ssa.gov/protecting-your-social-security-number-from-identify-theft/). Read the SSA fact sheet Beware of Social Security Phone Scams to learn how to spot fake calls and emails.
Create your own personal my Social Security account (ssa.gov/myaccount/) to help you keep track of your records and identify any suspicious activity.
Visit the SSA Fraud Prevention and Reporting page (ssa.gov/antifraudfacts/) to understand how the Administration combats fraud.

The SSA welcomes you to check out its Facebook Live from March 4 ^th on government imposter phone scams.

Do I Really Need a Lawyer to Help With My Disability Claim?

Mon, 15 Dec 2025 19:45:48 GMT

Getting a lawyer to assist you with your disability claim may seem costly and unnecessary, but in reality it is a crucial aspect of getting your application approved. Studies have shown that applicants who are assisted by a lawyer are 3x more likely to have their disability claim accepted. Applying for disability requires organization, knowledge in the area, and an extensive amount of time. A lawyer will assist you in these areas and more.

If you havent gone through the process before you might be unaware of the amount of paperwork and time that goes into filing a Social Security disability claim. Keeping up with every deadline that a Social Security claim requires is not easy and can be difficult to navigate without the proper experience and education. Most applicants dont know how to properly fill out the necessary paperwork and correct medical documentation. These two issues are responsible for over 65% of claims getting originally denied. (Disability Benefits Center). Working with a lawyer will ensure that all your paperwork is submitted properly and on time. They can work with you and your doctors to gather the important details and medical evidence that will give your case grounds to stand on.

One of the biggest advantages to having an attorney is the prep you will receive prior to your hearing, as well as, representation at your hearing. Burnett Driskill attorneys put together a video to help you better understand what to expect at your social security hearing. Your lawyer will be your biggest advocate to the judge, supporting you through the questioning process. They will also support you at any necessary appeals. These are extremely important aspects of getting your claim accepted and having a lawyer will make the process much easier.

The rules and regulations that The Social Security Administration have in place can be confusing, having someone who knows the application process will maximize your chances of your claim being accepted. To get in touch with a qualified attorney who wants to help you get the benefits you deserve contact Burnett Driskill at (816) 844-3401.

What is Social Security Fraud?

Mon, 15 Dec 2025 19:45:48 GMT

Generally speaking, fraud involves obtaining something of value through willful misrepresentation. In the context of the Social Security Administration program, the Agency policy states that fraud exists when a person with intent to defraud makes, or causes to be made, a false statement, or misrepresents, conceals, or fails to disclose a material fact for use in determining rights under the Social Security Act. Information is “material” when it could influence SSA’s determination on entitlement or eligibility to benefits under the Act.

Examples of fraud include:

Making false statements on claims
Concealing facts or events that affect eligibility for benefits
Misusing benefits by a representative payee
Failing to notify the agency of the death of a beneficiary and continuing to receive the deceased person’s benefits
Buying or selling Social Security Cards
Filing claims under another person’s Social Security number (SSN)
Scamming people by impersonating SSA employees
Bribing SSA employees
Misusing grant or contract funds

Social Security Disability and Guardianship

Mon, 15 Dec 2025 19:45:48 GMT

Tell Me About My Social Security Hearing

Mon, 15 Dec 2025 19:45:48 GMT

Our goal as a disability law firm is to be a resource for our clients from start to finish. The Burnett Driskill legal team works hard to provide you with the tools and support you need to feel comfortable and confident going forward with your case.

The social security administration provides retirement benefits, but it also provides a disability program for workers who are injured and no longer able to work. If this is you, you know that the disability claims process begins with an initial application. Unfortunately, The Social Security Administration denies over 60% of these initial claims. If your application has been denied, you should know you are entitled to an independent and thorough review and a hearing in front of an administrative law judge.

This hearing might seem daunting, but The Burnett Driskill team is committed to helping prepare you for what you might expect. Before your hearing, the judge will have reviewed your medical records and there is no audience so you can feel safe knowing your medical history will be kept private and confidential. In the room, there will be The Administrative Law Judge, an expert to speak about jobs, an assistant to the judge that records the hearing, you and your representative. Occasionally the administrative law judge will ask for an expert on your medical conditions to be present as well.

You will be sworn in and asked a series of introductory questions about your everyday life and your work history. At this time, you will also be given a chance to present any new medical evidence.

This hearing is not a typical courtroom experience. It is your chance to explain your medical conditions and why you are no longer able to work. To prepare for this opportunity it is crucial that you follow your doctors recommendations, continue to participate in medical treatment, and have an attorney support you throughout the process.

No case is the same and we are more than willing to answer any further questions you might have. Our legal team has years of experience in helping people get the benefits they deserve. If you would like to have a further conversation about your social security hearing call us at (816) 844-3401 to set up a free consultation.

The Coronavirus Relief Act Impacts Railroad Workers

Mon, 15 Dec 2025 19:45:48 GMT

The Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, signed into law by President Trump on March 27, boosts unemployment and sickness benefits for railroad workers impacted by the pandemic.

Under the CARES Act, the 1-week waiting period required before railroad workers can receive unemployment or sickness benefits is temporarily eliminated. This applies to an employees first 2-week registration period for a period of continuing sickness or unemployment beginning after the effective date of the law and ending on or before December 31, 2020.

In addition, the amount of the unemployment benefit is increased by $1,200 per 2-week period. This is in addition to the current biweekly maximum of $733.98 received by most claimants. This increased amount applies to any 2-week registration periods beginning on or after April 1, 2020, through July 31, 2020.

The CARES Act includes a separate appropriation of $425 million to pay for this added recovery benefit, with an additional $50 million provided to cover the cost of eliminating the waiting period. If these funds are exhausted, the new provisions will no longer apply.

The CARES Act also authorizes payment of extended unemployment benefits to rail workers who received unemployment benefits from July 1, 2019, to June 30, 2020.

Under the legislation, railroad workers with less than 10 years of service may be eligible for up to 65 days of extended benefits within 7 consecutive 2-week registration periods. Workers with 10 or more years of railroad service, who were previously eligible for up to 65 days in extended benefits, may now receive benefits for up to 130 days within 13 consecutive 2-week registration periods.

Since RRB offices are currently closed to the public due to the COVID-19 pandemic, railroad employees are encouraged to file for unemployment benefits online by establishing an account through myRRB . Otherwise, applications and claims for benefits will need to be submitted by regular mail. Applications for sickness benefits must be submitted to the agency by mail, or by fax at 312-751-7185. Subsequent claims may be completed online by those with myRRB accounts.

The RRB will also pay sickness benefits and, in some cases, unemployment benefits, to rail workers who have tested positive for COVID-19 or been subject to a quarantine order.

Ways to Prepare for Your Social Security Disability Hearing

Mon, 15 Dec 2025 19:45:48 GMT

Over 60% of social security applications are denied and granted a review and hearing. Preparation to fight for your claim is extremely important to gain acceptance from the court of law. Ways that you can prepare for your social security disability hearing include understanding your claim, gathering appropriate medical records, and having a professional by your side.

Understanding your claim is crucial to arguing why you deserve benefits. Reviewing why the Social Security Administration denied your claim initially will allow you to focus on what needs to be fixed to get your application accepted. Writing and bringing notes is a great way to prepare for a smooth and effective hearing. There is no need to memorize your notes, as they are there to assist you in answering the judges questions in detail

Medical records (specifically new ones) sway the Administrative Law Judge towards accepting your application. Contacting your doctors will give evidence of your disability to help back up your claim. Always remember to submit copies of the records and documents to the judge before your hearing.

In our opinion, the best way to prepare for your social security disability hearing is to contact an attorney to guide you through the process. It is never recommended to represent yourself because you are more likely to get accepted with legal representation. Your attorney is there to help you win the benefits that you deserve

Lastly, the most important thing to do for a hearing is mark the date on your calendar. You or your attorney request a hearing by an Administrative Law Judge, and once that is received, they will give you a date and judge. Immediately after you get this information, you should write it down on a calendar that you frequently check.

The disability claims process can be a long and difficult process. Our goal is to educate and empower our clients to make the best decisions for them. For more information on the disability claims process or to speak to a member of our team (816) 844-3401.

How Do I File for Disability in Kansas?

Mon, 15 Dec 2025 19:45:48 GMT

As a disability law yers in Kansas City , we understand how grueling and confusing the process can be. It always feels like there is too much legal jargon or more hoops to jump through, but we are here to tell you that is not the case. There are three main ways to file for disability in the state of Kansas.

If youre asking yourself, How do I file for disability in Kansas City, t he first way to file is by calling the Social Security Administration and contacting customer service. Talking to a representative can ease your nerves as well as answer some of the questions you may have. Disability lawyers in Kansas City also understand that automated messages and misleading messages could happen over the phone. There are other options to explore, of course.

The second option is to go directly to your local Social Security field office to file for disability in Kansas City . There are many locations all over Kansas, even one right down the street in Kansas City. Located on Nebraska Avenue, the office is staffed with well-versed employees that can guide you through the application process.

If neither of those two options works for you, there is a third. Visiting the webpage may work better for you. Their website, ssa.gov, can walk you through the steps you need to take to file for disability successfully.

After you file, there is sadly a lengthy process that can occur. As an attorney for disability in Kansas City , we cannot speed up the appeal and filing process. On average, the disability appeal process in Kansas City takes 11 ½ months. There is no secret key or way to speed up this government process; it just takes time and patience.

Social Security disability lawyers in Kansas City want to help you receive the benefits you deserve. Here at Burnett & Driskill, our disability lawyers in Kansas City know that the beginning of the process can be overwhelming, and we are here to help. Call us at 816-844-3401 to get you the advice and knowledge you need to apply successfully.

Am I Eligible for Railroad Retirement Board Disability Benefits?

Mon, 15 Dec 2025 19:45:48 GMT

Are you a railroad employee unable to work because of an injury or illness? If so, you may be eligible for disability benefits through the Railroad Retirement Board (RRB).

Railroad carriers employ thousands of people in the Kansas City, Kansas and Missouri areas and nationwide. These include employees of Union Pacific (UP), Burlington Northern and Santa Fe Railway (BNSF), and Kansas City Southern Railway Company (KCSRC). If you are employed by one of these railroads, and you are unable to work, you may be entitled to benefits.

The RRB offers disability benefits to employees whose medical conditions keep them out of work. There are two different kinds of programs.

Occupational Disability

If you have at least 20 years of service, you may receive benefits if your medical conditions keep you from working your own occupation.

Total Disability

If you have at least 10 years of service, you may receive benefits if your medical conditions keep you from working any occupation.

With both programs it is important that your disability be supported by medical records. Without documentation, it is almost impossible to win a disability claim (even if you are, in fact, disabled). In other words, its not just about your medical conditions its about the documentation of those conditions.

For example, the RRB requires that medical records have exam findings. So calling in your complaints over the phone wont be enough. Its important to be physically examined. This is true even if you have been examined before and your condition will not improve.

Documentation of your visits will be helpful to your claim, even if it isnt helpful to you as medical treatment. This is a frustrating truth about disability law and disability claims.

If you are disabled due to a non-physical condition (such as a mental health impairment or a cognitive problem), it is crucial to see a psychiatrist and/or psychologist. These medical professionals can appropriately document those conditions.

The RRB uses roughly the same standards as the Social Security Administration. Because of that, RRB claims can be similar to Social Security disability (SSDI) claims.
If you are a railroad employee unable to work, our office of disability attorneys welcomes the opportunity to speak with you. We can help you in an initial application or an appeal of a RRB decision.

You may also be eligible for other types of disability benefits, including short-term disability (STD) and long-term disability (LTD). The railroads offer group plans (sometimes administered by insurance companies, such as MetLife) that may provide benefits.

Contact our office (located in North Kansas City, Missouri) for a free consultation. We have handled Railroad Retirement Board disability claims nationwide.

Can I Work AND Receive Social Security Disability?

Mon, 15 Dec 2025 19:45:48 GMT

Social Security Field Office Update

Mon, 15 Dec 2025 19:45:48 GMT

The Social Security Administration announced on March 17, 2021, it will continue its unprecedented step to close all Field Offices to the public as a result of the COVID-19 pandemic. The Agency will update action as additional government-side guidance and information from public health experts in the Centers for Disease Control and Prevention provide information.

We have found the closing of the Field Offices frequently requires longer wait time. However, the efficiency is improving.

Continuation of SSA Benefits Change

Mon, 15 Dec 2025 19:45:48 GMT

SSA issued an Emergency Message (Order) September 10 regarding late requests for statutory benefits continuation (SBC). SBC is an option when a continuing disability review leads to a medical cessation of disability benefits.

When a disability beneficiary appeals to the cessation or termination, they have 15 days (10 plus five for mailing) from the notice date to request SBC for themselves and any auxiliary beneficiaries (children). When asked — benefits continue while the appeal is pending. The SSA may waive claims of the overpayment if the appeal is unsuccessful. All SSA requirements must be satisfied to have an overpayment claim waived.

The SSA Order provides due to the many limitations and closures resulting from the COVID-19 national public health emergency, and as we resume processing CDR cessations, there may be unusual or unavoidable circumstances in which individuals may find it difficult to submit a written statement for electing SBC timely.

The SSA can approve a late request for payment continuation when it finds there was good cause for submitting the late request.

BurnettDriskill, Attorneys devotes a substantial part of its representation to persons seeking SSA disability benefits. SSA rules are continually changing. We stay current on the SSA disability rules and laws.

Railroad Retirement Disability Benefits

Mon, 15 Dec 2025 19:45:48 GMT

When a person is awarded Railroad Retirement disability benefits that person is generally entitled to Medicare benefits twenty-nine months after the date disability is determined. The date of disability or the Established Onset Date (EOD) is critical for when disability benefits are to begin and when an applicant is entitled to Medicare benefits.

For example, if a person is found disabled in June 2023, Medicare eligibility begins December 2025.

Unfortunately, what once was routine for disabled railroad workers in receiving Medicare benefits has now become a problem.

The Railroad Retirement Board (RRB) determines eligibility for disability benefits administered by the RRB. Then the Social Security Administration (SSA) determines whether a disabled railroad worker qualifies for Medicare under SSA rules.

My experience in this area was Medicare eligibility was virtually automatic once the RRB found a person disabled. However, the Social Security Administration is way behind in processing Medicare eligibility by railroad workers according to my sources with the RRB. Many disabled railroad workers claims for Medicare benefits are taking many more months for the SSA to evaluate a claim and not always agreeing with the RRB. The consequence is railroad workers are without health insurance for even longer periods because of the delay by the SSA in evaluation of railroad worker claims and they may even be denied Medicare benefits before full retirement age.

There are appeal options which is a lengthy process.

I am confident the SSA is overwhelmed with files and does not have enough resources to act as promptly as we would like or expect.

If you worked for a railroad and have questions about railroad disability benefits, we can be reached at telephone number 816-781-4836. Your calls are welcome.

The Crucial Role of Medical Records in Railroad Retirement Board Disabled Employee Benefits Applications

Mon, 15 Dec 2025 19:45:48 GMT

Applying for disability benefits can be a complex and overwhelming process, especially when it comes to the Railroad Retirement Board (RRB) disability benefits. These benefits are essential for railroad employees who have become disabled and are unable to work. To navigate this process successfully, it is crucial to understand the importance of medical records in RRB disabled employee benefits applications. In this blog, we will explore how medical records play a pivotal role in these applications, and why they are a critical component in determining eligibility.

Understanding RRB Disabled Employee Benefits

The Railroad Retirement Board provides disability benefits to eligible railroad workers who have suffered from disabling conditions. These benefits are designed to provide financial support to individuals who can no longer work due to their disability, helping them maintain their quality of life. However, obtaining these benefits requires a thorough application process that includes the submission of comprehensive medical records.

Why Are Medical Records Important?

1. Establishing Medical Evidence:

Medical records are the primary source of evidence to establish that you have a qualifying disability. They provide concrete documentation of your medical condition, treatment history, and the impact of the disability on your ability to work. Without these records, it can be challenging to prove the extent of your disability and its effect on your daily life.

2. Supporting Disability Claims:

RRB benefits applications often require applicants to demonstrate that their disability meets certain criteria. Medical records help align your disability with the specific requirements outlined by the RRB. These records serve as a means of verifying your condition and ensuring that it meets the necessary standards for disability benefits.

3. Assessing Disability Severity:

Medical records are essential for assessing the severity of your disability. They help the RRB determine whether your condition prevents you from engaging in substantial gainful activity (SGA), which is a key factor in eligibility. By reviewing your medical records, the RRB can assess the degree to which your disability impairs your ability to work and earn a living.

4. Establishing the Duration of Disability:

In many cases, disability benefits require that the condition is expected to last for at least one year or result in death. Medical records play a crucial role in establishing the expected duration of your disability. They help demonstrate whether your condition is likely to meet this requirement, ensuring you receive the appropriate level of support.

5. Providing Consistency and Credibility:

Medical records provide a consistent and credible account of your disability, as they are typically maintained by healthcare professionals. This consistency adds weight to your application and helps the RRB make an informed decision about your eligibility.

Conclusion

Medical records are the foundation of a successful Railroad Retirement Board disabled employee benefits application. They provide the evidence needed to establish the severity and duration of your disability, ensuring that you receive the financial support you deserve. By understanding the importance of medical records and following best practices for their collection and submission, you can increase your chances of a positive outcome in your RRB disability benefits application.

Remember, seeking professional guidance can also be invaluable in navigating this complex process. Please contact BurnettDriskill, Attorneys today if you need assistance.

The Social Security Administration is Changing The Rules

Mon, 15 Dec 2025 19:45:48 GMT

The Social Security Administration is changing the rules on how Past Relevant Work is evaluated. Effective June 22, 2024, the Administration will only consider the past five years of Past Relevant Work instead of fifteen years when making decisions on applications for disability benefits.

Past Relevant Work is an issue in the analysis of disability claims. Applicants generally must prove they are not capable of performing their earlier jobs before addressing the question whether there are other jobs the applicant can perform. Now the SSA will only look back for the past five years, instead of the last fifteen.

Whether a job is considered Past Relevant Work can be a confusing issue however, the period being reduced from fifteen years to five years can be helpful to many people seeking disability benefits with the SSA.

Your inquiries about the SSA and disability questions are welcome. We can be reached at telephone number 816-781-4836.

COVID and SSA Information

Mon, 15 Dec 2025 19:45:48 GMT

The Social Security Administration is active and practical in addressing disability hearings during this Stay At Home period from the Covid-19 Virus. Jeffrey Buckner, Associate Commissioner of the SSA on April 14, 2020 published the following announcement to disability Representatives:

Dear Colleague,

I wanted to share an update regarding our ability to hold hearings during the Coronavirus (COVID-19) pandemic. As many of you know, on Tuesday, March 17, 2020, we suspended face-to-face service to the public in our field offices and hearings offices nationwide until further notice. In accordance with guidance from the Centers for Disease Control and Prevention, this decision protects the population we serve and our employees during the pandemic. Accordingly, while we are unable to offer in-person and video teleconferencing (VTC) hearings, we are able to offer to conduct your hearing by telephone until we resume our normal operations.

Our hearing office staff are proactively contacting representatives and unrepresented claimants in advance of holding a telephone hearing to ensure all parties understand that we are only able to conduct hearings by telephone at this time and to determine their willingness to have a telephone hearing. Hearing office staff will confirm telephone number and other contact information on our records during this call as well.

If claimants or representatives would like to postpone their hearing until we resume standard operations, we will grant postponements as appropriate. Claimants or representatives may also call our hearing offices to confirm their willingness to have a telephone hearing or request a postponement. Please note that you can continue to call our hearing offices directly and employees are available to take your call during normal business hours.

Mr. Buckner added that the SSA has more information available at Social Security & Coronavirus Disease (COVID-19) internet page .

I encourage you to share this information with your members, colleagues, affiliates, and other interested parties.

Sincerely,

Jeffrey Buckner
Associate Commissioner

BurnettDriskill, LLC has also been active in continuing to maintain our office and proper representation while supporting the protection of our clients and office Teammates.

Why Have My Disability Payments Stopped?

Mon, 15 Dec 2025 19:45:48 GMT

You received and counted on disability benefits every month, but now your disability payments stopped. Why?

Lets say you were fortunate enough to have short-term disability (STD) or long-term disability (LTD) coverage as one of the benefits provided by your employer. While you were still employed, you became unable to perform the duties of your job due to an injury or sickness, and you applied for STD or LTD benefits. The insurance company (think Unum, Lincoln, Hartford, Mutual of Omaha, Prudential, Cigna, etc.) approved your claim and began paying you monthly benefits.

There are many reasons why the insurance company may have stopped paying your benefits, and BurnettDriskill can help you with almost all of them.

It could be that the insurance company recently flooded you with new claim forms and asked you to complete and return them so that the insurance company can determine whether you continue to be disabled. Disability paperwork is complicated and tricky. This is by the design of the insurance company . If you fail to dot every i and cross every t, the insurance company will use that as a reason to stop paying you. Many times, theyll send you the same forms and requests over and over just to confuse you. We have experience in handling continuing disability paperwork for our clients. We can help you satisfy the (unreasonable) paperwork demands the insurance company makes.

It could be that your disability policy has a definition of disability that changes after a period of time. In most LTD policies, after 1 or 2 years, the definition of disability changes to make it more difficult to qualify for benefits. When you were approved, you likely only had to prove that your injury or sickness prevented you from performing the duties of the job you had when you became disabled. However, when the definition changes, you have to prove that your injury or sickness prevents you from performing the duties of ANY job including the easiest and most sedentary job you can imagine. We represent many clients who come to us when this definitional change occurs, and the insurance company has stopped paying them. We can help you gather important evidence and force the insurance company to reconsider its decision to stop paying you.

The insurance company may also stop paying you because you have received benefits for the maximum duration of the policy. STD policies only pay benefits for a short period of time often 6 months. When your benefits have been exhausted, the insurance company no longer has to pay you. (Although if you also have LTD, the insurance company should begin paying you once your STD benefits are exhausted.) Most LTD policies end payments when you reach Normal Retirement Age. Thats usually around your 65 ^th birthday, depending on the year you were born.

If thats the reason why your benefits have ended, theres not much that anyone can do. However, if you suspect that the insurance company has miscalculated either the amount of your benefit, the maximum duration of the policy, or your Normal Retirement Age, were happy to take a look.

The most important thing for you to remember is that if your benefits suddenly stop, you almost always have some legal recourse. You dont have to simply accept the insurance companys decision to stop paying you. There are strict time deadlines that apply to responding to these decisions, so if you want to fight, you have to act quickly.

Well be here if you need us.

Do I need a physician statement for my disability claim?

Mon, 15 Dec 2025 19:45:48 GMT

Disability claims involve a mountain of paperwork. With or without an attorney, there are numerous forms, worksheets, and reports to complete. One common form is a physician statement.

Physician statements can be very helpful for disability claims with the Social Security Administration (SSA) and with short-term disability (STD) and long-term disability (LTD) insurance claims. They are not required for SSA disability claims, but they usually are required for STD and LTD claims. A strong physician statement will not guarantee success on a claim, but it will improve your chances.

What is a physician statement?

Disability claims stand or fall based on medical records. Most medical records are made as a part of ordinary office or hospital visits. Because these records usually dont say much about the patients ability to work, there is a particular form used to evaluate that ability. A claimants ability to work is sometimes referred to as functional capacity. Both SSA and disability insurance companies are interested in a claimants functional capacity.

SSA calls its form a Residual Functional Capacity (RFC) assessment. SSA makes two copies of this form available: one for physical impairments (https://secure.ssa.gov/apps10/poms/images/SSA4/G-SSA-4734-U8-1.pdf) and another for mental health impairments (https://secure.ssa.gov/apps10/poms/images/SSA3/G-SSA-392-SUP-1.gif.pdf).

Insurance companies also require physician statements for STD and LTD claims. Each insurance company has its own physician statement forms. They typically resemble the SSA forms, but they can be unique. (If you need a copy of an insurance companys particular STD or LTD form, feel free to contact our office.)

A physician statement can also simply be a letter or other written opinion. Although SSA and insurance companies prefer their particular format, it is still helpful to have a statement — even if it is not in the perfect format.

What does the physician statement need to say?

More than anything, a physician statement should explain why a claimants functional capacity is limited. SSA and insurance companies do not take seriously physician statements that simply say My patient is 100% totally and permanently disabled. Both SSA and insurance companies believe that they get to decide the answer to that question not the treating physician.

It is crucial that the physician statement provides an explanation of why the person is unable to work and unable to perform certain activities. For example, the best physician opinions explain exactly why their patients are prevented from certain types of activity (sitting, standing, walking, carrying, lifting, pushing, pulling, and handling).

In mental health cases, it is even more important for the psychiatrists opinion or psychologists opinion to carefully explain the reason for the patients loss of function. For example, in cases involving anxiety and depression, it may be difficult to interact frequently with customers or co-workers. In cases involving cognitive disabilities, the conditions may prevent complex problem solving. The best physician statements explain these limitations.

In Social Security disability claims and in STD and LTD claims alike, it is important to support opinions with so-called objective evidence. In cases involving physical disabilities, imaging (MRI, x-ray, CT testing) and labs are good examples of objective evidence to support a doctors opinion. Exam findings about strength, range of motion, and reflexes are also helpful. In cases involving mental health, a mental status examination and psychological testing are the most helpful.

SSA and insurance companies give very little to a claimants complaints unless they are supported by objective evidence. Making your complaints known is important, but it is vital that the records also contain objective evidence.

What if I cant get a physician statement?

In the Kansas City area, there are many facilities that have policies against completing disability paperwork. This includes physician statements and doctor letters. Physicians are busy, and it can be difficult to find a way to bill for the time involved in the process. For that reason, you need to know your physician and how their practice works. If they are willing to complete a Family Medical Leave Act (FMLA) form, that can sometimes be the next best option.

In most physicians practices, you are much more likely to have success getting an SSA or STD/LTD form completed if you take it in during a personal visit and exam with the physician. This will also make the doctors opinion more credible from the viewpoint of SSA or the disability insurance company.

But sometimes there is no way around a facilitys policy against completing disability paperwork. In those cases, it may be worth getting an independent opinion. There are a number of physicians in the Kansas City area who will complete disability paperwork and physician statements.

Physician statements are an important part of the disability process whether with SSA disability claims or STD and LTD claims. If you have questions about physician statements or any part of the disability claims process, we invite you to contact our office. We are centrally located in North Kansas City and serve Missouri and Kansas residents alike. We welcome your phone call or text to 816.844.3401.

Navigating Disability Paperwork

Mon, 15 Dec 2025 19:45:48 GMT

As part of its compensation package, many employers offer insurance benefits. These benefits sometimes include Short Term and Long Term Disability (STD and LTD) insurance. This insurance is intended to provide partial income replacement if you become unable to continue working and earning a wage.

Unfortunately, most insurance companies that administer these benefits dont make it easy to apply for them. If you pursue a claim, you will be inundated with lots of paperwork. In addition to completing claim applications, authorizations, and other documents, the insurance company will also require a form completed by one or more of your physicians which describes your condition and explains what functional limitations your condition causes. Further, even if you are initially approved, you will have to fill out additional paperwork at regular intervals to prove that your conditions still prevent you from working.

The paperwork maze can be daunting, confusing, and exhausting. Some clients have told us that being out of work is a full time job when it comes to satisfying all of the conditions the insurance company requires. We have seen people successfully navigate the claims process without legal help, and retaining an attorney is not necessary in every case. However, much of the time, the process becomes too daunting and frustrating. Insurance companies count on that and have designed the application to be complicated in hopes that you will just throw up your hands and quit.

If you are having a hard time with your STD and LTD paperwork, were happy to take a look and see if we can help. Whatever you do, dont give up.

Why Does It Take So Long to Get a Decision?

Mon, 15 Dec 2025 19:45:48 GMT

Initial (First stage) and Reconsideration (Second stage)

Understanding why the SSA process is so lengthy can be difficult. We can feel like SSA expects us to stick to strict deadlines and get paperwork in timely, but it seems like they have no such restrictions. They can take as long as they please, and we have nothing we can do about it.

However, it can help us to understand this long process if we look at what the SSA employees are actually charged with doing at the first two levels of the process.

The first big area of concern after the SSA application is filed is called attestation. Attestation is the certification of a legal document by a wet or ink signature. This is a process in which SSA has to get verbal or written confirmation that the signatures on your documents are yours. Attestation is both to protect against fraud and to allow us to proceed with electronic documents from that point on. Attestation does, however, add extra weeks or months to the process because nothing can move forward until this has been completed.

When we file an application, we notify SSA of all your medical sources and treatment in great detail. SSA is then responsible for getting all this information into your file. Some medical sources are very difficult to work with and cause delays in sending the requested information.

We are also required to produce two crucial documents for SSA to include in your file. These documents are the Work History Report (SSA 3369) and the Function Report (SSA 3373). In particular, the Function Report can take a great deal of time to complete because it digs into the specifics of your daily activities and limitations. For example, if you have carpal tunnel syndrome or neuropathy in your hands, you likely have difficulty with things like drinking coffee or washing dishes. These difficulties illustrate to SSA how your impairments affect your ability to perform normal activities, and thus to perform work.

So, while the Function Report does take time to complete, it is necessary and important for the decision. Generally, we can simply update the Function Report when it is requested by SSA at the second Reconsideration stage.

Do You Know What Disability Benefits are Available to You?

Mon, 15 Dec 2025 19:45:48 GMT

Our office devotes a substantial effort to representing people who cannot work because of severe and chronic health conditions — including Social Security Administration, employer-provided Short Term Disability (STD) and Long Term Disability (LTD) benefits, Railroad Retirement Board, union disability benefits, and private disability policies.

When conducting the initial client conference we explore whether the client may be entitled to apply for benefits under more than one program. It is common for the client to be unaware of additional potential benefits claims– usually with the employer. For example, many people believe that if they have been terminated or quit a job because of health, they cannot later apply for Short Term Disability or Long Term Disability benefits. Frequently, we can help secure additional benefits from additional sources.

If possible, before you leave a job because of health conditions, try to secure a copy of the company benefit book or look online if you have access before a job termination.

Additionally, just because someone in your employer’s Human Resource department tells you that no disability benefits are available does not mean that the HR person is correct. Unfortunately, we see many situations where the worker received bad information from HR.

Why wait to apply for disability benefits?

Most people want to work — income is critical, and they want to be engaged in productive and rewarding activities. When people have health problems that result in a loss of employment they are hopeful of better health with medical treatment or find a less physically or stressful job.

Often when we are contacted by a person inquiring about securing disability benefits they have been unemployed for months or years. Most people do not want to admit their health condition is so severe that they will never again hold a job.

Delays in seeking disability benefits sometimes result in a loss of benefits because the client has waited too long.

It is prudent to at least ask an experienced disability attorney after a short period of unemployment because of health problems about the possibility of filing a disability application — even as you are trying to fix your health problems and return to work. Guidance on considering applying now, delaying an application until there is more medical treatment, or suggesting other actions can be to your benefit.

We often urge people to seek certain types of medical treatment, Vocational Rehabilitation services, or other therapies instead of applying immediately. Of course, every fact situation is unique but waiting too long to inquire about disability benefits can result in a loss or a denial of disability benefits.

The Importance of Treatment & Healthy Habits for Social Security Hearings

Mon, 15 Dec 2025 19:45:48 GMT

Why do we put so much emphasis on talking about treatment?

There is a lot that goes into filing and successfully winning a disability claim for a social security hearing, treatment records are the first step. They are the evidence you need to prove your disability and your need for benefits. When it comes to fighting disability claims, proving your disability can be difficultif not impossiblewithout well documented proof of treatment. The Burnett Driskill team wants to empower and educate clients on how to best advocate for themselves.

The best thing you can do to protect yourself is talk about your medical conditions. Every time you see the doctor, verbally express your symptoms and any difficulty you experience daily. Maintaining accurate and complete medical records are the foundation to successfully establishing disability benefit eligibility. The next step is to work with a legal team you can trust.

Why you should avoid recreational drug use and excessive alcohol consumption and how it may affect your social security hearing disability claim.

Recreational drug use and excessive drinking habits are both things that can reduce your credibility in the eyes of the judge. Drugs and alcohol can also be hard on the body. These things can contribute to damage and stress on body parts and could potentially impact the judges decision making. The use of these substances is viewed as a choice and intentional destruction of the body, which makes it easier for your claim to be denied. For the success of your claim, it is important for people going through the disability claims process to obey the law and maintain a responsible image.

If you have any questions about the disability claims process or how to best prepare, dont hesitate to contact the Burnett Driskill team for a free consultation.

A Good Disability Lawyer Is

Mon, 15 Dec 2025 19:45:48 GMT

In your search for a doctor, plumber, painter, etc , you have a set of criteria you expect them to meet. In Kansas City disability law , we also understand we have those expectations as well. BurnettDriskill Attorneys encourages you to do thorough research about your options and find a company that meets your expectations of a disability lawyer in Kansas City . Every person is likely searching for a few different pieces of criteria, similar to when they are searching through other industries, yet, they often become very similar. In this article, we are going to explore a few different characteristics that we believe make a good disability lawyer. Not all disability lawyers obtain these qualities that is why you should do your research before making a decision . Explore with BurnettDriskill Attorneys about what a good disability lawyer is.

Organized

Organization is a large portion of what makes a good disability lawyer in Kansas City . Imagine that you approach two desks. The first is clean. Everything has a place, papers neatly stacked, there are even sticky notes that are organized per importance. The second is far from the same. Papers are strewn across the entire thing, difficult to find the desk. Coffee spilled in many places, doors and drawers are overflowing, and the mess goes on. If you were to approach these two desks in an office setting, which are you likely to contact first? You are most likely to lean toward the clean desk, as they look to have everything together. An organized lawyer has a brain organized like that clean desk. It is essential you find a set of disability lawyers in Kansas City that are organized.

Educated

Education is a critical characteristic of a good lawyer. Finding yourself a team of lawyers that remain thoroughly educated in many areas . Education can present itself in many ways. Schooling, internships, years of experience in cases, and more are just a few examples of how education can be demonstrated. Having a lawyer that is aware of the ins and outs of the legal system will better prepare you for your case, and even put your mind at ease as the process continues.

Accessible

Perhaps one characteristic that people find most important in many industries is the ability to be accessible. Becoming readily available is one way to quickly gain the trust of clients, no matter what industry you are researching. Chat options on the website, social media messaging, and phone calls are three ways you can see if your social security disability lawyers in Kansas City are among those who are easily accessible.

Each person seeking out assistance from a Kansas City disability firm has a different set of criteria they are expecting the firm to meet. These three characteristics are just a few that we have found. If you are seeking for a disability lawyer in Kansas City , consider BurnettDriskill Attorneys. Our team continues to meet all three of these qualities time and time again. Give us a call today to discuss your case and how we can get started!

Do I Need a Physician Statement for my Disability Claim?

Mon, 15 Dec 2025 19:45:48 GMT

Disability claims involve a mountain of paperwork. With or without an attorney, there are numerous forms, worksheets, and reports to complete. One common form is a physician statement.

What is a Physician Statement?

SSA calls its form a Residual Functional Capacity (RFC) assessment. SSA makes two copies of this form available: one for physical impairments and another for mental health impairments.

What does the physician statement need to say?

What if I cant get a physician statement?

Cutting Through the Red Tape: Where Does this Phrase Come from?

Mon, 15 Dec 2025 19:45:48 GMT

We created The Red Tape Series in an effort to fulfill our goal of educating and supporting our clients and anyone frustrated by the challenges of dealing with disability and other legal issues.

The legal process is often filled with complex jargon and confusing procedures, and this is particularly true when it comes to disability and social security claims. But, before we get too deep in exploring topics and suggestions on how to overcome the challenges of red tape, we asked ourselves, Hmm, where did the phrase cutting through the red tape even get its start?

After doing a bit of digging, we discovered this expression comes from the early 16th century when the King of Spain used actual red tape to bundle important documents that needed immediate attention. The King had to physically cut through the red tape to read these priority documents. Over time, and perhaps associated back to possible delays in working through the monarchy, the phrase Red Tape evolved into its current meaning as a barrier between you and the benefits you may be entitled to and/or the difficulties often faced with dealing with large government agencies.

As you work with us on your legal issues, it’s important to realize there can be bureaucratic obstacles that come with starting a legal claim. This blog series seeks to educate you on legal documents, dealing with the government, obtaining licenses, and other things you can do to help cut through the red tape.

We may not be the King of Spain, but at BurnettDriskill, Attorneys, we can be your personal resource to untangle and cut through the Red Tape. Contact us with any questions at (816) 844-3401.

Signs of Post Traumatic Stress Disorder

Mon, 15 Dec 2025 19:45:48 GMT

Post Traumatic Stress Disorder or PTSD is a mental health condition that people can develop after they go through a serious life-threatening event. There are many signs of post traumatic stress disorder. Its normal to have stress reactions associated with these types of events. Most people start to feel better after a few weeks or months, but during that time organizing disability paperwork and appointments is important. BurnettDriskill is here to serve you..

It’s normal to have upsetting memories, feel on edge, or have trouble sleeping after a traumatic event (also called “trauma”). At first, it may be hard to do daily activities you are used to doing, like going to work, school, or spending time with people you care about. Most people start to feel better after a few weeks or months but for some people, PTSD symptoms may start later or it may come and go over time.

If it’s been longer than a few months and thoughts and feelings from the trauma are upsetting you or causing problems in your life, you may have PTSD.

Who develops signs for Post Traumatic Stress Disorder (PTSD)?

Anyone can develop PTSD at any age. Some factors can increase the chance that someone will have PTSD, many of which are not under that person’s control. For example, having a very intense or long-lasting traumatic event or getting injured during the event can make it more likely that a person will develop PTSD. PTSD is also more common after certain types of trauma — like combat and sexual assault.

Personal factors like previous traumatic exposure, age, and gendercan affect whether a person will develop PTSD. What happens after the traumatic event is also important. Stress can make PTSD more likely, while social support can make it less likely.

PTSD can be a work-disabling condition and can aggravate other medical conditions. If you find yourself unable to work due to suffering from PTSD our legal team may be able to help. BurnettDriskill, Attorneys represent persons with PTSD in seeking disability benefits with the Social Security Administration, insurance companies, and other agencies that award benefits. Organizing disability paperwork and appointments for PTSD is important. For a free case consultation call us at (816) 844-3401 or email us at in ** @ ************* ll.com .

The Crucial Role of Medical Records in Social Security Disability Benefits Applications

Mon, 15 Dec 2025 19:45:48 GMT

Navigating the process of applying for Social Security Administration (SSA) disability benefits can be complex and daunting. One crucial aspect that applicants often overlook is the significance of medical records. The Code of Federal Regulations (CFR) 404.1512 outlines the importance of medical evidence in determining eligibility for disability benefits. In this blog, we will explore the vital role that medical records play in the SSA application process and how they are evaluated according to CFR 404.1512.

The Regulation is Critical in Proving Disability

CFR 404.1512 is a regulation that establishes the standard of evidence required to prove disability when applying for SSA benefits. It specifically addresses the importance of medical records in this process. Let’s break down its key components:

Objective Medical Evidence : The CFR emphasizes the need for objective medical evidence to support your claim. This includes medical signs, laboratory findings, and other objective data obtained through clinical examinations, medical tests, and imaging.
Consultative Examinations : In some cases, the SSA may require a consultative examination (CE) to gather additional medical evidence. These examinations are conducted by independent medical professionals hired by the SSA to assess your condition and provide a report.
Medical Records from All Sources : CFR 404.1512 also emphasizes the importance of obtaining medical records from all relevant sources, including hospitals, clinics, and other healthcare providers. These records help create a comprehensive picture of your medical history and current condition.
Substantiate Your Claim : Comprehensive medical records provide solid evidence of the severity of your medical condition. This substantiates your claim for disability benefits and helps the SSA understand the impact of your condition on your ability to work.
Support Your Treating Physician’s Opinion : If your treating physician believes you are disabled, their opinion is more likely to be accepted if it is supported by thorough medical documentation. These records demonstrate that your condition has been consistently assessed and treated over time.
Minimize Delays : Accurate and complete medical records can expedite the claims process. If your records are in order, the SSA can make a more informed decision, reducing the chances of delays or denials.
Provide a Clear Timeline : Medical records create a chronological timeline of your condition’s progression. This timeline helps the SSA understand when your disability began and how it has evolved.

Conclusion

In the realm of Social Security disability benefits, CFR 404.1512 highlights the paramount importance of medical records. These records serve as the foundation upon which your disability claim is built. By understanding and adhering to the regulations outlined in CFR 404.1512, and by diligently collecting and submitting comprehensive medical evidence, you can significantly increase your chances of a successful application and securing the support you need during challenging times.

Local TV Station Explores Social Security Disability Fraud

Mon, 15 Dec 2025 19:45:48 GMT

KSHB-TV, the NBC affiliate in Kansas City, recently interviewed two BurnettDriskill attorneys regarding potential consultative exam fraud in the Social Security disability system. In the news coverage, a BurnettDriskill client also shares her story and frustrations with the exam process. To learn more, you can see the actual story here .

The Crucial Role of Medical Records in Applying for OPM Federal Disability Benefits

Mon, 15 Dec 2025 19:45:48 GMT

The Foundation of Your Claim

Medical records are the foundation upon which your OPM (Office of Personnel Management) disability claim is built. They serve as concrete evidence of your medical condition, its severity, and its impact on your ability to perform your job. The OPM relies heavily on these records to assess the validity of your disability claim, making it crucial to gather and submit comprehensive and well-documented medical evidence.

Here are some key aspects to consider when dealing with medical records for your OPM disability application:

Timeliness : Ensure that your medical records are up-to-date. OPM will want to see recent medical documentation that reflects your current condition and limitations.
Completeness : Your medical records should encompass all relevant medical history, including doctor’s notes, test results, treatment plans, and any other pertinent information. Gaps in your medical history can raise doubts about the validity of your claim.
Clarity : Medical records should be clear and legible. Illegible or messy documentation may lead to misunderstandings or misinterpretations, which could negatively impact your case.
Consistency : Your medical records should be consistent with your statements and allegations in your application. Any discrepancies can raise red flags and trigger further scrutiny.
Specificity : Medical records should be specific about your diagnosis, treatment, and prognosis. Vague or generic language may not provide the necessary details for OPM to make an informed decision.
Expert Opinions : In some cases, it may be beneficial to obtain expert opinions from specialists who can provide additional insight into your condition and its impact on your ability to work.
Functional Limitations : Clearly document any functional limitations your medical condition imposes on you. This includes details about how your condition affects your daily life and your ability to perform your job duties.

We have years of experience with OPM disability claims so please contact us if you need assistance.

Requirements for Federal Government Employee Benefits – Do You Qualify?

Mon, 15 Dec 2025 19:45:48 GMT

Minimum Service Requirement for a federal government civilian disability annuity benefit:

Civil Service Retirement System (CSRS)
5 years civilian service
Must become disabled while serving in a position covered by CSRS
CSRS Offset must apply for Social Security disability benefits and submit proof with application to OPM

Federal Employees Retirement System (FERS):

18 months of civilian service
Must become disabled while serving in a position covered by FERS
Must apply for Social Security and submit proof with application to OPM

Criteria for Entitlement for disability annuity as an employee of the federal government Employee must be unable to render useful and efficient service because of disease or injury:

In current position, or
Vacant position in the same agency at the same grade or pay level for which qualified for reassignment
Disabling condition expected to last at least one year.

Red Tape Series: 5 Tips for Organizing Disability Paperwork and Appointments

Mon, 15 Dec 2025 19:45:48 GMT

Welcome to the Red Tape Series, where we help you understand important topics about disability insurance and how to cut through the bureaucratic red tape. Today, we will be talking about different tips that will help you keep track of your appointments and paperwork.

Tip 1: The first tip is to make sure you record all deadlines and important dates in your calendar. Whether you use a digital or actual paper calendar, you should always triple-check that you have dates and important information about deadlines or appointments written down. This simple action will ensure you do not miss an important due date or appointment date.

Tip 2: Second, you should keep all medical records. This includes doctors office visits, prescriptions, hospital records, and all other medical-related records. You should even keep things that you think may not be important. If in doubt keep it! When dealing with large bureaucracies such as the Social Security Administration, Veterans Affairs and others, things can sometimes get lost in the system and you never know what they might ask you for throughout the claims or legal process.

Tip 3: In addition to simply keeping medical records, you should also organize them. The most common way to organize medical records is chronologically, but you can customize to what makes the most sense for you (such as by doctor, hospital, appointment type, etc.). Keeping records well organized will help if you ever need to access them.

Tip 4: The fourth tip we would like to share is to keep a correspondence file. The same goes for organizing this information as well as medical records – you should have an ordering or grouping system. A common way of organizing correspondence is to separate them by correspondence from your doctors, your attorney, the Social Security office, and others.

Tip 5: Finally, you should keep all your paperwork in an extremely safe place. We recommend that you store physical papers somewhere that is fireproof and waterproof (e.g., file cabinet or a small locked safe), and electronic records in a protected back-up folder or on a removable jump drive. If you store your records on a jump/thumb drive, be sure to store it in a fireproof/waterproof location. These records are especially important and should be kept where they will not be damaged or lost.

Cutting through procedural red tape often means dealing with large amounts of records and information. Keeping and organizing your records will certainly help you in the long run.

Our Recommended References:

Gathering Medical Records

Disability Benefits During COVID-19

Mon, 15 Dec 2025 19:45:48 GMT

Coronavirus, COVID-19 disease, SARS-C0V-2 however you refer to the current pandemic, it is affecting millions globally. You know the symptoms, the cautions, and the difficulties of isolation, unfamiliar treatments, and an uncertain future.

In our office, we often meet people who despite medical diagnoses were physically able to work. Now, these same people are being overwhelmed by the compounding of the virus on top of existing medical conditions. It is causing many to not be able to function.

The fatigue, headaches, sore throat, trouble breathing, nausea, or other symptoms that would not have been debilitating before, now require a long-term recovery plan.

If you are not able to work because of health problems even temporarily we welcome a phone call or text.

Our focus is on helping you secure disability benefits until you recover.

Can I receive short-term disability benefits for COVID-19?

Mon, 15 Dec 2025 19:45:48 GMT

These are strange times. COVD-19, a coronavirus, has seriously impacted individuals’ health. It’s also seriously impacted the economy. The Kansas City area alone has hundreds of cases, resulting in sheltering in place and quarantining throughout the metropolitan area.

COVID-19 has left many unable to work. This is true for people suffering from the virus, as well as those that are unable to work because of social distancing. If you have short-term disability (STD) coverage through your employer, and you are unable to work due to COVID-19, you may be eligible for STD benefits.

But disability insurance claims are rarely easy. And most insurance companies will require COVID-19 symptoms or a diagnosis to qualify for STD benefits. The symptoms must stop you from performing your job. In other words, social distancing itself isn’t necessarily a disability. Neither is your employer’s decision to close or furlough (though you might be eligible for unemployment benefits).

Getting a COVD-19 diagnosis is not simple. Testing is limited. But if youre experiencing symptoms that are consistent with COVID-19, schedule a visit or a tele-health appointment with your doctor. If your doctor places you under medical quarantine due to symptoms that are consistent with COVID-19, but you cannot get tested, the medical records may be helpful evidence in your STD claim.

In other words, there must be a medical reason that you aren’t able to work. A COVID-19 diagnosis or symptoms warranting a medical quarantine may make you eligible for STD benefits. But, again, social distancing is not a medical quarantine. Your medical records will be crucial.

If you need help with a STD claim, from COVID-19 or another medical condition, our office can help. With social distancing, our office lobby is closed, and we are working from home. But people still need help securing disability benefits, and we remain committed in that effort.

Not All Federal Government Agencies Process Disability Retirement Applications The Same

Mon, 15 Dec 2025 19:45:48 GMT

Not all federal government agencies process disability retirement applications in the same manner. The U.S. Office of Personnel Management (OPM) has a standard procedure for federal government employees seeking disability retirement.

However, each federal agency is required to provide employment information for the application to be processed by the OPM. Employees of the IRS, U S Postal Service, Homeland Security, etc. have vastly different practices when an employee seeks proper employment information from the employing agency.

It is helpful to seek guidance from each agency Human Resources office in starting the disability retirement process.

We can be reached at telephone number 816-781-4836.

Inability to be at Work as Scheduled because of Health Conditions

Mon, 15 Dec 2025 19:45:48 GMT

If a person misses too much work because of health conditions or has to leave work because of symptom flairs and/or medical treatment appointments, this is a serious factor that the SSA judge should consider properly in deciding if a person is too impaired to maintain a full-time job.

Disability Hearings

It is important to develop the medical record and testimony at the hearing to emphasize excess work absences will not allow a person to maintain employment.

Our experience is this is an issue a lot of SSA judges attempt to minimize or ignore. This issue should be addressed in preparing for a disability hearing.

Insurance Company Overpayments

Mon, 15 Dec 2025 19:45:48 GMT

People who have to stop working due to health reasons sometimes have both a Social Security Disability claim and a Short Term Disability/Long Term Disability claim. These are separate disability programs one is administered by the Social Security Administration, and the other usually administered by a private insurance company. It is possible to make claims under both programs at the same time. However, depending on the timing, if a person is approved under both programs, problems can arise which may result in an overpayment.

Most disability plans offered by employers contain a deductible income clause. This clause typically says that if you are receiving or eligible to receive Social Security Disability benefits, those benefits reduce the amount of your Short Term/Long Term benefits that the insurance company owes you. If your Social Security Disability claim is approved before your Short Term/Long Term claim, this rarely causes problems because the insurance company will only pay you the difference between what you receive from Social Security Disability and your Short Term/Long Term benefit.

However, things can be tricky if your Short Term/Long Term claim is approved before your Social Security Disability claim. If that happens, the insurance company might pay the full amount of the benefit without reducing for Social Security Disability benefits because you havent been awarded them yet. If your Social Security Disability claim is later approved, and back benefits are paid, the insurance company will likely claim that they have overpaid you and ask for that money back from you. Overpayment claims can be frightening.

If you have received both Social Security Disability benefits and Short Term/Long Term benefits, and an insurance company is demanding that you repay an overpayment, you should seek counsel before making that payment. In many cases, there are ways to extinguish the overpayment without having to write a check to the insurance company. If you find yourself in this situation, we are happy to discuss options with you.

What is the Difference Between Short and Long Term Disability?

Mon, 15 Dec 2025 19:45:48 GMT

Despite the apparent difference, there is a handful of differences between both short and long-term disability. It is important to understand the difference from a disability law firm in Kansas City, KS , rather than other sources because we are here to help. Lets chat about how the two disability plans can differ for you and your loved ones.

Short-Term

First of all short-term disability is one that covers a portion of salary in the event that you cannot work due to illness or injury. The coverage can range anywhere between 9 weeks to a year. It is often based upon the policy the employer provides. The types of injury and illness covered under short-term disability are specific. It can include but are not limited to childbirth, arthritis, or injury from an accident. Those who do receive short-term benefits can obtain between 40-60% of their regular wages by using their benefit programs.

If you are unsure of your qualifications to short-term disability or believe that you have had issues with it in the past, feel free to contact disability lawyers in Kansas City to discuss your options.

Long-Term

Kansas City disability law provides another option for those who are out longer than the short-term allows for. Long-term can cover 5-10 years or longer, depending on retirement and the length of disability. Alike short-term disability, it also depends on the employers policy. This type of disability can pay between 50-70% of the wages while the employee is unable to work. Those who qualify for long-term benefits suffer from an injury that prevents them from working for over a year. These can include cancer, nervous system disorders, mental health issues, and others.

If you are unsure of your qualifications for long-term benefits or believe that you have had issues with it in the past, feel free to contact disability lawyers in Kansas City to discuss your options.

There are a few differences rather than the time span when it comes to these two types of disability benefits. As a result not all plans are the same, and some of the results may vary depending on the employees programs. As one of the trusted disability law firms in Kansas City, KS , we have seen a variety of cases and are ready to tackle whatever you may have. Our expert staff in the disability appeal process in Kansas City has spent years understanding the system and seeing how we can help you navigate through it as well. Call your local disability attorney in Kansas City today for questions regarding the appeal process and other disability law inquiries.

Disability Insurance Companies and ‘Dirty Tricks’

Mon, 15 Dec 2025 19:45:48 GMT

The statistics on this arent great, but everything we know tells us that a shockingly large number of people have valid claims for disability benefits, but they either (1) dont know about those benefits or how to initiate a claim, or (2) have become so frustrated with the claims process that theyve simply thrown their hands up and quit trying.

Lets face it. Insurance companies dont become multi-billion-dollar giants by approving and paying claims. One of the easiest ways for an insurance company to avoid paying your claim is by discouraging you from initiating and pursuing a claim in the first place. Everyone has a breaking point, and it seems like the claims process is designed to find yours so that you will simply quit fighting and go away.

They do this by playing what we call Dirty Tricks on you during the claims process.

Here are some dirty tricks (and tell us if these sound familiar):

Snail Mail

Even though you have provided the insurance company with your home phone number, your mobile number, and your email address, the insurance company sends you time-sensitive information and demands for information by regular mail. You could receive it in an instant and have a reasonable time to respond, but the insurance company deliberately selects the slowest, and least reliable means to communicate with you.

The Dusty Letter

You receive a letter from the insurance company. The letter reflects that it was written on June 1, but it is post-marked June 15 and you didnt receive it until June 20. Either the letter was backdated, or it sat on someones desk collecting dust until it made it to the insurance companys mail room. Once again, your time for responding to the letter has shrunk.

Hot Potato

When you initiated your claim, the insurance company assigned a claim specialist the company said would be responsible for handling your claim. But since then, youve been passed around from person to person and each time you have to start all over with a new person who is completely unfamiliar with you or your claim. You realize theres nothing special about the person the insurance company assigns to you.

Phone Purgatory

Your claim specialist wont give you the direct phone number for her office (or her email address) and instead only gives you the insurance companys MAIN NUMBER. This means you get to listen to a thousand different transfer options none of them applicable to your situation. When you finally choose the closest one, you are treated to elevator music as you sit on hold. It is not uncommon to wait on hold for 30 minutes or longer. What is the insurance company saying to you? Please hang up.

Repeat Requests

You spent hours dutifully filling out claim forms, carefully squeezing your life story into the tiny boxes supplied on the form. You faxed the form to the insurance company. Weeks later, you receive a letter from the insurance company complaining that you havent returned the claim form. You know you did, but you dont want your claim to be denied, so you do it all over again. In response, the insurance company writes to tell you that, oops, they already have that form from you, and ask you to complete a different one.

If youve been on the receiving end of these Dirty Tricks, dont give up. Thats what the insurance company wants you to do. Weve seen these tactics before and know how to handle them. Rather than giving up, contact us. We can help.

Does my military service count for government retirement?

Mon, 15 Dec 2025 19:45:48 GMT

Military Service Credit for Federal Civilian Retirement — Years In Military Count For Government Retirement

For the Civil Service Retirement System (CSRS) purposes, crediting of post 1956 military service depends on the following:

Making Deposits Is Required

Federal Employment After 1 Oct 82. Generally, if you were first employed in a position covered by CSRS on or after October 1, 1982, you will not receive credit for post 1956 military service for any retirement purpose unless you make a military service deposit prior to separation from Federal employment.

The amount of the deposit is a sum equal to 7-percent (special category employees may pay a higher amount) of the military basic pay earned during the period of military service, plus interest.

Current Programming

For the Federal Employee Retirement System (FERS) purposes, crediting of post 1956 military service depends on the following:

The amount of the deposit is a sum equal to 3-percent (special category employees may pay a higher amount) of the military basic pay earned during the period of military service, plus interest.

If you receive military retired or retainer pay, you will not receive credit for any military service unless certain conditions are met or apply.

Making Deposits – Why You Should

You will be given the option to make the deposit in one lump sum or through payroll deduction. All post-56 military service deposits must be made to the Defense Finance and Accounting Service (DFAS) before separation from Federal employment. Even if you don’t plan to retire or leave Federal service soon, it is a very good idea to at least obtain the amount of your military earnings so that the deposit can be computed more easily. To process the deposit, we can use your actual military pay vouchers for complete periods of military service in computing the military deposit or you can obtain a certified estimate of your military earnings from the appropriate branch of service.

The DLA Human Resources Center, Customer Support Offices (CSO) can provide instructions for obtaining the certified estimate.

Procedures For Making Deposits

If you are within six months of retirement, you should submit your request to make the deposit when submitting your application for retirement. You should apply to make a payment by completing a Standard Form 3108) – Application to Make Service Credit/FERS. You will be notified of any amounts due so you can decide whether or not to make the payment. You will not be authorized regular retirement annuity payments until the process and deposit payment are complete.

3 Ways to be Prepared for Your Disability Hearing

Mon, 15 Dec 2025 19:45:48 GMT

A disability hearing can be intimidating and overwhelming, but it is often a necessary step on the road to receiving benefits. It is your opportunity to be heard by an administrative law judge (ALJ). This blog is a resource to help you be proactive in your preparation.

Know Your Disability Hearing Claim!

Approval of your claim rides on the ALJ and his/her questions regarding your disability. Even though you know how your disability affects your day-to-day life, its important to have an idea of the big picture. Being able to explain a clear timeline of employment and medical history will set you up for a better chance of success. Conducting mock interviews with someone you trust can help you feel more comfortable explaining your condition and your appeal.

What the ALJ will focus on:

Your condition and the severity of it
Your medical and work history
Your residual function capacity, or what you might be able to do now.

Document Your Condition for your Disability Hearing

A statement from a medical professional is helpful to your claim. Please let your representative know if he or she should reach out to your physician for a detailed summary of your condition. You may need a residual function capacity (RFC) form, detailing your remaining ability to work prior to your hearing. If you develop any new symptoms or if your condition worsens while waiting for an appeal date, please let your representative know about those updates.

In addition to a physician statement, we recommend reaching out to people in your life who have watched your struggles and are willing to attest to them. Friends and family are qualified to provide statements supporting your claim.

Seek Help With Your Case!

This process is not something you have to do alone. Having a strong support system of friends, family, and/or an attorney representative is something we strongly recommend. Getting a lawyer to assist you with your disability claim may seem costly and unnecessary, but in reality, it is a helpful aspect of getting your application approved. Studies have shown that applicants who are assisted by a lawyer are 3x more likely to have their disability claim accepted. Applying for disability requires organization, knowledge in the area, and an extensive amount of time. A strong network of support can only help.

Our legal team is equipped with team members who specialize in different types of disability claims and can help you with any step along the way. If you would like more information on how to navigate the disability claims process contact us today at (816) 844-3401 or email us at in ** @ ************* ll.com . For a free case consultation fill out our online form.

Medical Evidence and Exams in the COVID-19 Age

Mon, 15 Dec 2025 19:45:48 GMT

COVID-19 has thrown a wrench in our way of life. Not only has it affected our personal and business lives, but it has also changed the way that medical professionals work. Many visits are now done via telemedicine and telehealth, either through video or phone call. Although this is safer and more convenient, it presents some challenges in disability claims.

Whats the big deal?

Disability claims live and die by the medical records. This is true for Social Security disability claims, and also for claims with insurance companies (short-term disability and long-term disability). Within those medical records, theres a particular section thats especially important: the objective exam findings. This is the part of the records documenting how you responded to certain tests and examinations.

For example, if you have a problem in your back or shoulder, your doctor may test your strength, range of motion, reflexes, and tenderness. What is recorded from these exams is crucial to your claim. In fact, these findings may even be more important than the complaints that you voice to your doctor.

One of the biggest reasons that Social Security disability claims, STD claims, and LTD claims get denied is because the objective exam findings dont match up with the subjective complaints. So undergoing an actual exam and having that exam documented is essential to your claim.

With COVID and telemedicine appointments, it is impossible to undergo a thorough physical exam. (This is not as true for mental health, therapy, and psychiatry visits.) Your doctor can ask you how your shoulder strength is or how your joint mobility is, but its very hard to measure a patients verbal responses. Without that evidence, your claim is vulnerable.

What can we do about this in the COVID era?

Where possible, request to be examined in person. Most medical offices have protocols in place now for in-person visits. In the Kansas City area, we have found that most medical offices are seeing patients in-person at least part of the time. If so, ask how they are scheduling physical exams and how to comply with their rules.

Sometimes an in-person visit will require a longer wait or will inconvenience the office. But if you politely explain that a physical exam is important for your conditions, many offices will see you in-person.

If your doctors office is not allowing any in-person visits yet, you can ask for the earliest available date. If that is not possible, you can ask for a referral or for testing at a location where you can be seen in-person. For example, if your hands are tender and swollen and an exam is not possible, an x-ray or MRI can still show that you have osteoarthritis. Your doctor can make recommendations (medication, further testing, physical therapy, etc.) based on the x-ray or MRI without physically testing your grip strength and pain.

Documenting disability was a challenge before COVID, and it is even more of a challenge now. But knowing what the decision-makers are looking for is half of the battle. As best you can, try to be seen and examined. If that is simply impossible, voice your health complaints as best you can and weigh your options.

Feel free to contact our office via call, text, or e-mail with questions about how to navigate your disability claims. We are located in North Kansas City, not far from downtown. We remain open for business (but do ask that you contact us in advance before physically dropping in).

FFCRA and Short Term Disability Benefits

Mon, 15 Dec 2025 19:45:48 GMT

Through the difficult times that have been brought upon us, we have experienced a handful of questions. With unclear directions, we are often forced to seek out more information. Especially on our own about how our individual lives will be impacted through these changes. Thankfully, you have a trusted Kansa s City federal disability law firm to help you navigate through these tough times. Through this article we are going to explain FFCRA. That is Families First Corona Response Act, and how it impacts your ability to obtain your disability benefits. Explore this information through the article with a disability law firm in Kansas City and short term disability.

FFCRA is an intricate program that poses many questions. This act is implemented into businesses who have less than 500 employees. The main point of this act is requiring employers to provide more leave. Up to eighty hours of paid sick leave for an employee who is unable to perform their work.

How Can We Help?

As a disability attorney in Kansas City , we want to examine how this act effects those who will need to claim short-term disability benefits. In short, you will still have the ability to claim these benefits however there are more steps to take. For short-term disability benefits to be obtained, the employee must have a complete loss or decrease of income. If the employer is still paying the employee as they would under the FFCRA, there is no loss of income and the employee will not qualify for short-term disability until there is loss of income. Basically, this act implements a plan of payment for employees who do not always receive short-term disability benefits. It is one or the other.

Our office is equipped with some of the most trusted disability lawyers in Kansas City and we are prepared to help you through these difficult times. BurnettDriskill Attorneys, one of the most well known in Kansas City disability law , wants to get you the results you deserve, even through these difficult and trying times. If you believe you could benefit from the use of a disability law firm in Kansas City , give us a call today to talk about the best options for you and your family.

What Do I Do if My Short-Term or Long-Term Disability Claim Has Been Denied?

Mon, 15 Dec 2025 19:45:48 GMT

Many employers offer benefits in addition to wages. Besides health, dental, life, and accident insurance, some employers also offer short-term and long-term disability insurance . This insurance is designed to replace some of your regular income in the event you become unable to continue performing your job due to health reasons. Short-term disability insurance is designed to replace your income in the short term usually around six months. Long-term disability insurance is designed to replace your income over the long term. Ideally, it will pay benefits until you reach your retirement age.

Insurance companies dont make it easy to apply for benefits. If you have jumped through their hoops and managed to get the insurance company to open a claim, only to have your claim denied, you still have a chance to get your claim approved. But appealing initial denials can be tricky, and if youre not careful you can jeopardize your rights to have the denial overturned and your claim approved. There are a few important things you should consider when deciding how to respond to a denial of your claim.

First, in most cases you only have 180 days from the date your claim was denied to submit an appeal. If you fail to submit your appeal in time, the insurance company does not have to consider it. Additionally, if you do not submit an appeal within 180 days, your right to file a lawsuit against the insurance company may be lost. In short, a failure to submit an appeal in time means your claim is over.

Second, you should request a copy of your claim file from the insurance company as soon as you receive the denial letter. In most cases, the insurance company is required by law to provide a copy of your claim file and any other information it used to deny your claim. Many times, the claim file is incomplete and does not contain information, documents, and medical records that you supplied to the insurance company or that the insurance company should have obtained with the authorization you signed. Knowing what is missing from your claim file is important so that you can supply that missing evidence when you submit your appeal.

Third, your appeal should be thorough and include recent evidence. For example, your appeal should include medical records documenting office visits that may have occurred after the insurance company denied your claim. Also, many insurance companies will send you a one-page blank form and encourage you to use that form for your appeal. Dont fall for that. You are not required to use their form, which is almost always insufficient to make the arguments and include all of the evidence that makes a good appeal.

Finally, your appeal should address the specific reason why your claim was denied. That reason should be clearly stated in the denial letter. For example, if the insurance company denied your claim because you did not submit certain documentation, your appeal should include that documentation. Your appeal should specifically explain why the insurance companys decision to deny your claim was in error and supply the evidence that proves it.

Disability appeals are tricky and complicated. Having a thorough understanding of the process and what makes a successful appeal can mean the difference between a denial or approval. We handle short-term and long-term disability appeals every day. If your claim has been denied, and your appeal deadline clock is ticking, we are here to help.

Why Does the ALJ Want to Know That?

Mon, 15 Dec 2025 19:45:48 GMT

ALJ wants to know

The process can get confusing. We’re here to sort it out with you. To start with, let’s look at a common question we get: Why does the ALJ want to know that?

Chores
Pets
Social activities
Grocery shopping
Who you live with
Drugs/ etc

Why Did the ALJ Ask Me That?

Some questions in your Social Security disability judge make sense. They will often ask about your previous work, your physical limitations, and why you feel you cant work.

But your attorney and the judge will ask other questions about your personal life, such as your social activities and the chores you do around the house. Why do they ask that?

The short answer is that the judge does not have current, full-time job performance to evaluate. He or she often determine whether you can perform a job using other clues about your abilities from your life. Here are a few examples.

Household Chores

The household tasks you can and cant do may be very informative for a Social Security judge. If you tell the judge you cant stand for long periods, but that you have no problem vacuuming the house, the judge may see that as evidence that you are more able.

Pets

You may no think that having a pet makes a big difference to your disability claim . However, if your attorney asks you about it theres a good reason. You may be able to let your dog out, but not be able to take her for a walk. You may be able to feed your cat, but not clean a litter box. These can illustrate your condition better than you think .

Living Arrangem ents

Do you live with a partner who assists you? Or maybe you have children or elders living with you that you

Average Indexed Monthly Earnings

Mon, 15 Dec 2025 19:45:48 GMT

If you are approaching retirement, you might be wondering how much you will receive in Social Security benefits. Your level of benefits will depend on how much you worked and earned in your career, calculated as average indexed monthly earnings (AIME).

The Social Security Administration (SSA) calculates the AIME for each potential recipient using data collected from federal government income records throughout their lifetime. This calculation determines how much you should receive based on your contributions to the program through payroll taxes.

How AIME Is Calculated

The calculation used by the SSA to determine AIME brings together your earnings information across a career and indexes those earnings to a base year. In short, AIME represents your highest-earning years and uses current wage levels to adjust to a monthly sum.

Your monthly sum is calculated by selecting a base year the year you become eligible for Social Security by turning 60 years old and applying a multiplier to your earnings for each year you worked, with that multiplier increasing each year going back to when you started working.

Your nominal wages are thus multiplied to approximate current earnings. This applies to your 35 highest-earning years. Once the SSA calculates your AIME, it is used to determine your primary insurance amount, which in turn leads to your benefit amount.

What You Need To Know About AIME When Considering Social Security Benefits

The calculation of AIME may seem inflexible, but there are ways you can increase it throughout your career. By forward-planning and making certain career choices, you could see your AIME and benefits increase when you begin receiving Social Security benefits.

Because AIME is calculated using your highest 35 years of earnings, you can increase it by working longer and for more money. In addition, you can aim to earn a higher income as early in your career as possible, since a higher multiplier is applied to the years furthest from your 60th birthday.

Working full-time whenever possible can also help you maximize your AIME, since full-time positions often result in higher earnings. You can also look to grade up your income as your career progresses.

Contact BurnettDriskill for Help Understanding Your AIME

You can calculate average indexed monthly earnings for yourself before you reach retirement age to get an idea of what benefits you can expect. For further information and to learn how you can maximize your benefits once the SSA calculates your AIME, contact BurnettDriskill for a free consultation.

What Are the Differences Between SSDI and SSI?

Mon, 15 Dec 2025 19:45:48 GMT

Social Security Disability Insurance (SSDI) is a benefit you earn based on your work history and contributions to Social Security throughout your career. Supplemental Security Income (SSI) is a needs-based program for individuals with limited financial resources, whose work history is not necessarily a determining factor for eligibility.

An attorney can help you understand the differences between SSDI and SSI. A lawyer with experience navigating Social Security disability laws can increase the odds that the Social Security Administration (SSA) approves your claim by providing guidance, collecting and presenting evidence, and representing you at hearings.

SSDI and SSI Benefits

There are some key differences between SSDI and SSI. SSDI is a federal insurance program funded by payroll taxes. This means you must have worked long enough and paid enough into the system to qualify for benefits. You must also have earned enough credits or quarters of coverage through past employment.

Generally, you need to have worked for five of the past 10 years. SSDI benefits are based on your past earnings, and you would also be eligible for Medicare after 24 months of receiving benefits. To receive these benefits, you must also have a medical condition that prevents work for at least 12 months or is expected to result in death within 12 months.

Because SSI is a needs-based program, eligibility is determined by your financial situation, not your work history. An attorney can answer your questions about the differences in filing for SSDI or SSI benefits.

Applying for SSDI vs. SSI Benefits

For both SSDI and SSI , the SSA defines a disability based on the inability to engage in substantial gainful activity (SGA) due to a medically determinable physical or mental impairment. The SSA uses SGA to describe the level of work activity and earnings that, if engaged in, would generally indicate that a person is able to work and, therefore, may not be eligible for disability benefits.

Work is considered substantial if it involves significant physical or mental activities or a combination of both. The SSA sets specific monthly income thresholds for SGA, which vary depending on whether a person is blind or not. For individuals who are statutorily blind, the SGA thresholds are used to determine eligibility for payments under the SSDI program, but not for SSI.

Because SSDI is funded by payroll taxes, you need to have worked enough years in jobs covered by Social Security to qualify. Unlike SSDI claims, there is no work history requirement for SSI, as SSI is funded from general revenues and not from payroll taxes.

Call a Lawyer for Help Seeking SSDI or SSI Benefits

An attorney can help you understand the differences between SSDI and SSI and explain their distinct purposes and eligibility requirements. Our disability attorneys are well-versed in the SSAs requirements and regulations, including the Blue Book listings of medical impairments, which can be crucial for determining eligibility.

Our lawyers understand the intricacies of the application process, from initial application to appeals and hearings, helping you avoid common pitfalls and ensuring your claim is managed correctly. We can assess the strengths and weaknesses of your claim and help you gather the necessary evidence and present it effectively. Contact our skilled legal team to request your free consultation.

Deducting Impairment-Related Work Expenses

Mon, 15 Dec 2025 19:45:48 GMT

It i s important for disabled entrepreneurs who receive Social Security Disability Insurance (SSDI) to understand how deducting impairment-related work expenses can affect SSDI calculations. These deductible expenses may reduce your countable earnings, helping you maintain eligibility for SSDI benefits while continuing to work.

If you need help with this process, call BurnettDriskill today for a free consultation. Our team can help you determine if your expenses are eligible for deduction, and our attorneys can represent you in your claim.

What Are Impairment-Related Work Expenses?

Impairment-related business expenses are costs you pay out of pocket to accommodate your disability in order to work. This can include items or services necessary for your job due to your impairment. Examples include specialized equipment, transportation costs related to your disability, or personal assistance services. The Social Security Administration (SSA) sometimes allows you to deduct these expenses from your earnings when determining if you qualify for SSDI .

The SSA counts your net earnings from self-employment, which is your gross income minus business expenses. If you can show that certain costs are directly related to your impairment, the SSA will exclude those from your earnings. This can help you meet the work activity limits imposed by SSDI without harming your claim.

How To Establish Your Impairment-Related Work Expenses

To deduct these expenses, you need to provide the SSA with clear evidence that the costs are necessary and related to your disability. This includes receipts, invoices, and detailed explanations of why the expense enables you to work. Documentation from medical providers or vocational rehabilitation professionals can strengthen your claim. You must also show that the expense is reasonable and directly tied to your impairment.

Keep thorough records of all impairment-related expenses. When the SSA reviews your claim, organized and clear documentation of disability-related expenses will help ensure that these deductions are properly considered.

Impact on SSDI Calculations

Deducting impairment-related costs lowers your countable earnings. This is crucial because SSDI has strict limits on how much you can earn while still qualifying for benefits.

If you face challenges navigating the SSAs rules on impairment-related work expenses, an experienced attorney can represent you in your claim. They can help gather evidence, communicate with the SSA, and object to consultative examinations when appropriate.

Call Us Today To Help Protect Your Business With Eligible Disability-Related Deductions

Deducting impairment-related work expenses can help you in your claim for SSDI benefits. Keep detailed records and provide the SSA with clear evidence of these costs. Contact BurnettDriskill to discuss your claim and learn how we can represent you through the process.

Can SSDI Wages Be Garnished by Creditors?

Mon, 15 Dec 2025 19:45:48 GMT

If you are receiving Social Security Disability Insurance (SSDI) payments, it is likely that you have faced many challenges, and these may have directly affected your financial situation. Once financial hardship takes hold, it can be challenging to regain control, and you may have creditors expecting repayment. Some creditors may even use ugly tactics, one of which is the threat of garnishment.

If you have been worrying about whether creditors can garnish your SSDI wages, you will be glad to know that there are important protections in place. SSDI benefits can only be garnished under highly specific circumstances. An attorney can help you understand what to expect, to find out more and ensure that you continue receiving the full SSDI benefits to which you are entitled, contact an experienced SSDI attorney at BurnettDriskill, Attorneys , today.

Earning While Receiving SSDI Benefits

If you receive SSDI benefits , you are entitled to earn up to a specified amount of income before it affects your benefits. While your SSDI benefits generally cannot be garnished, any other wages that you earn while receiving SSDI can.

Your circumstances will be unique to you, so you should discuss your claim with a trusted SSDI lawyer for tailored advice, especially if you are dealing with difficult creditors.

Creditors Behavior and the Law

It is not at all unusual to get into debt if you are dealing with a disability. Unfortunately, if this happens, it is also not unusual for creditors to pester you, but while creditors often use aggressive tactics to motivate people to pay, the law restricts what they can do.

If you receive SSDI, you have qualified under a rigorous process that legally entitles you to the benefits you receive. The law has checks and balances in place to help ensure these benefits remain available to you.

Wage Garnishment

While your creditors may mention garnishment, it is important to know that any such action involves a careful legal process. Unless your creditors have a court judgment allowing them to do so, they cannot garnish your SSDI benefits.

When Can SSDI Benefits Be Garnished?

There are specific situations in which SSDI benefits can be garnished, typically related to debts owed to the government. For other kinds of debt, such as private loans, medical bills, and credit card debt, your SSDI benefits cannot be garnished.

If you owe federal debts, such as unpaid taxes or federal student loans, a portion of your monthly SSDI benefits may be garnished. You might also face garnishment if you owe child support or alimony. If this is the case, the relevant court order will govern the amount that can be garnished.

There are also other specific federal debts that may result in garnishment of SSDI benefits, such as certain loans from the Department of Veterans Affairs.

Additional Protections

Even if your debts relate to the federal government, there are laws in place to help ensure that you retain enough of your SSDI benefits to meet your basic needs. This includes a protected minimum amount of benefits that cannot be taken through garnishment.

Discuss Your Concerns About Garnishment by Creditors With an SSDI Attorney

If you have concerns about creditors garnishing your SSDI benefits, the SSDI lawyers at BurnettDriskill, Attorneys, are here to help. We dedicate our practice to helping people like you retain the benefits they deserve in the face of adversity. Your SSDI benefits play a key role in your future, so please do not hesitate to contact us online or give us a call today to speak with our team about your claim.

What Is a Consultative Exam?

Mon, 15 Dec 2025 19:45:48 GMT

Applying for Social Security Disability can be a long and frustrating process. As part of that process, you may need to go through a consultative exam , which helps to establish the extent of your disability. What is a consultative exam, and what can you expect from that process? Make sure you are prepared by consulting with a member of our legal team.

Given our firms litigation experience against CE providers and the SSA, we know how important it is to approach these exams with caution and preparation.

What Is a Consultative Exam?

A consultative exam is an examination from an independent provider, paid for by the Social Security Administration, that seeks to establish the extent of an applicant’s disability and provide more information about their medical needs. A consultative exam can include a physical evaluation, a mental evaluation, or both, depending on the type of disability and the benefits needed.

Who Needs a Consultative Exam?

A consultative exam is not needed by everyone applying for Social Security Disability benefits . Typically, it is required for patients deemed to have insufficient medical evidence of their disability or who have significant gaps in their medical information. However, in our experience, the SSA orders consultative examinations in at least half of all claimsand not always for the right reasons.

The exam can be used to:

Provide clarity when your records show conflicting medical opinions
Offer more information about your specific condition
Establish the full extent of your limitations or challenges

A consultative exam offers an opportunity for the applicant to present more specific evidence of their losses to a medical examiner as they apply for disability benefits. Unfortunately, this system has been subject to abusesomething we have documented in litigation and that has been publicly reported by KSHB and the Kansas City Star .

What Happens During a Consultative Exam?

A consultative exam for a physical disability may include a general physical exam, specific tests, or X-rays. In the case of a mental disability, patients may undergo a psychological or psychiatric evaluation that will provide more insight into their condition.

The care provider will document symptoms and provide an independent assessment of the patient’s physical and mental capability. The doctor may also provide information about the patient’s limitations and how they may impact their ability to work.

Some consultative exam processes may require a single office visit, while others may require the applicant to go through several visits. In some cases, more than one provider may be needed to assess the full extent of the disability.

Does a Consultative Exam Mean the Application Approval Is in Danger?

Some applicants worry that a consultative exam means that their application is in danger or that the exam means they may not receive the benefits they need. However, a consultative exam is not the first step toward disability benefit denial. Rather, it offers an opportunity for a deeper assessment of the applicant’s condition. This assessment can help clarify any issues that may have come up during the evaluation of the application and allow applicants to better present their claim .

This being said, if your exam was unusually short or the results of your consultative exam note that you underwent tests you do not recall completing, you may be at risk of having your application denied. Our office alone has uncovered nearly 250 instances in which examiners have falsely represented the tests their patients completed in order to complete more examinations, and in turn, receive more payments from the SSA.

If you are worried that your consultative exam was not conducted appropriately, our lawyers can help provide reassurance and support.

Contact a Social Security Disability Attorney to Learn More About Consultative Exams

If you have more questions about a consultative exam and how it has the potential to impact your application for disability benefits, a lawyer can provide vital support.

At BurnettDriskill, Attorneys , you will find the legal support you need to navigate SSDI claims and determine your next steps, including clear advice about how to navigate a consultative exam. We are not only here to helpwere also working to hold bad actors accountable. Contact us today for more information.

Are You a Candidate for Federal Government Disability Annuity Retirement?

Mon, 15 Dec 2025 19:45:48 GMT

Disability retirement is:

An employee benefit
Intended for those employees who are unable to complete a normal career due to disease or injury
Who meet the statutory, regulatory and/or administrative criteria

FERS v. CSRS Retirement System Differences

CSRS is being phased out but some employees are still in the system.

The U.S. government maintains two retirement systems for its employeesthe Federal Employees Retirement System and the Civil Service Retirement System. Retirement systems are common at all levels of government. Employees, and often employers as well, contribute money to the employees retirement funds and retirees draw monthly income from the system.

There are several significant differences between these two systems.

CSRS Is No Longer an Option

All federal workers had the option to convert from CSRS to FERS when FERS was first created in 1987. Now all federal employees are automatically enrolled in FERSthey don’t have the choice of electing CSRS instead.

It is not to say that no federal employees have CSRS, however. CSRS is still available to federal workers who were in the CSRS system before 1987 and who chose to remain with CSRS instead of switching to FERS at that time. Their benefits were not terminated with the introduction of FERS.

FERS is intended to fully succeed CSRS when the CSRS beneficiaries eventually die off.

One Component vs. Three Components

CSRS was established on January 1, 1920, and it’s a classic pension plan similar to those established during the same time period among labor unions and large companies. Employees contribute a certain percentage of their pay. When they retire, they receive an annuity sufficient to maintain a standard of living similar to what they experienced during their working years.

Assuming the worker has at least 30 years in federal service, the CSRS benefit is generally sufficient to provide a comfortable lifestyle even without Social Security or any retirement savings. It’s indexed for inflation.

A FERS employee has a smaller pension, one not intended to fully fund his retirement on its own. He also gets a thrift savings plan and Social Security to fund his retirement in addition to the pension program.

The thrift savings plan is similar to a 401(k), so it’s possible that a FERS employee can come up short in retirement if she doesn’t handle the plan efficiently. But having the TSP gives FERS employees more control over and flexibility with their retirement plans. FERS workers typically retire with double the savings that CSRS workers accumulate, although CSRS employees do have superior pension benefits.

Disability Benefits

It’s generally accepted that the FERS plan has the edge here, at least for employees who have passed 18 months of service. Benefits are slightly greater, and, of course, CSRS employees are not generally entitled to Social Security disability because they don’t have sufficient Social Security credits.

Survivor Benefits

Survivors of CSRS employees are entitled to survivor benefits of 55% of the initial unreduced CSRS benefit. It drops to 50% for FERS survivors after a 10% reduction. FERS survivors would typically receive Social Security survivor benefits as well, however, and would presumably inherit the balance remaining in the thrift savings plans as well.

Does Education Affect SSDI Eligibility?

Mon, 15 Dec 2025 19:44:04 GMT

When you can no longer work due to health conditions, it is natural to wonder, Does education affect SSDI eligibility? Would continuing your education change the outcome? Eligibility for Social Security Disability Insurance (SSDI) is based on two key factors: disability and insured status, which are determined by work credits. The question is not whether you hold a diploma or degree, but rather whether documented limitations prevent you from sustaining work.

Education may matter later in the process. The Social Security Administration (SSA) may review your age, education, past work, and functional limits to decide whether you could adjust to other work.

Where Does Education Enter the SSDI Decision Process?

Insured status is based on work credits . According to the Code of Federal Regulations § 404.130 , a person must have enough quarters of coverage to be insured for disability benefits . Under this regulation, the number of credits required depends on when the disability began. Generally, a worker must have 40 work credits, with at least 20 of those credits earned in the last 10 years, to qualify. The medical requirement is separate. A qualifying condition must prevent sustained work for a period that meets the SSAs duration rule.

Education may affect SSDI eligibility when the SSA assesses whether you can perform other jobs, reviewing factors such as age, education, work history, and functional limitations. The Medical-Vocational Guidelines, also known as “grid rules, may also influence decisions. More education can suggest quicker adaptation, while limited schooling may indicate that further training is not feasible due to symptoms that affect pace, attendance, or learning.

Education does not override strong medical evidence. Even with higher education, someone with severe symptoms and strong treatment records may meet or equal one of the SSAs listed impairments or be unable to perform other work. Conversely, further schooling and skills can mitigate the effects of disability if medical evidence shows only mild limitations.

Building a Strong SSDI Application With Educational Records

Having clear documentation is extremely useful. It can demonstrate how symptoms impact concentration, memory for multi-step tasks, and persistence throughout the day. It can also link these details to treatment notes and testing results. If school history mentions specialized instruction, tutoring, or documented learning challenges, you should include this information to support the evaluation of how new job tasks could be managed in practice.

To build a strong file, you should include:

Transcripts, school records, or certificates that show the highest level of education you have completed
Descriptions from teachers or training programs that note any learning limits or accommodations
A short statement that explains how your symptoms affect your ability to pay attention, follow directions, and learn tasks
Work history forms that clarify your skill levels, training time, and whether you were able to learn tasks through repetition
Medical records that tie your cognitive or physical limits to real-world performance

If SSA denies your claim, an appeal may focus on insured status dates, documented medical limits, and why your education and skills do not translate to other work. Targeted updates from medical or other providers may strengthen the record on those points.

Contact Us To Learn How Your Education Might Affect Your SSDI Eligibility Today

Many applicants ask a basic question at the start: Does education affect SSDI eligibility? When qualifying for SSDI, the starting point is your disability and insured status, based on work credits, plus medical evidence that demonstrates functional limitations over time.

If you are considering how schooling impacts medical and vocational evidence, our team at BurnettDriskill, Attorneys can assist by reviewing your insured status, work history, and disability documentation. Schedule a strategy session today to learn which exhibits to gather and how education might factor into your SSDI eligibility.

What Conditions Are Considered Disabilities?

Mon, 15 Dec 2025 19:44:04 GMT

If you have a physical or mental condition that prevents you from working, you may be eligible for benefits. These include Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits. Each is based primarily on disability, which may prompt you to wonder what conditions are considered disabilities.

For more information about eligibility and to explore your options, reach out to the experienced lawyers at BurnettDriskill, Attorneys .

Qualifying for SSDI Benefits

To qualify for SSDI benefits , you must have the requisite work credits, which are typically 40 work credits, with at least 20 earned in the last 10 years. You also must establish that you have a qualifying disability, defined as a physical or mental condition that prevents you from working or that seriously limits your ability to work.

There are several components that are required to meet the Social Security Administrations definition of disability for SSDI purposes.

Medically Determinable Impairment

The impairment or disability you are experiencing must be medically determinable. This means that your disability has been diagnosed by a medical professional who is qualified to do so and that your diagnosis is supported by medical evidence. Medical experts with relevant expertise often testify at SSDI hearings .

Substantial Gainful Activity

Your disability must leave you unable to engage in substantial gainful activity (SGA). SGA refers to work that requires significant mental effort, physical effort, or both, and is performed for pay or profit. If you can no longer work at this level, the SGA element of your claim is met.

Expected Duration

Your disability must be long-term. There are two circumstances that satisfy this requirement. If your impairment is considered terminal, meaning that it is expected to end in death, it qualifies in terms of duration. The other circumstance that qualifies is if your disability has lasted at least a year or is expected to last at least a year.

Put more simply, to qualify for SSDI benefits, you must suffer from a serious medical condition that is either physical or mental. If this condition is not expected to end in death, it must stop you from working at a substantially gainful level for a significant length of time.

Qualifying for SSI Benefits

SSI benefits are based on financial need, but a disability must also exist in most cases. Both children and adults can qualify for SSI benefits, and work credits are not part of the requirements, unlike those for SSDI. Whether or not your impairment qualifies as a disability for SSI differs for children and adults.

Financial Need

To qualify for SSI, you must meet the financial need standard. If this is met, you must also have a qualifying disability in most cases.

Qualifying Disabilities for Children

For the purposes of SSI, a child is defined as someone who has not reached the age of 18 or who is under the age of 22 and regularly attending school. To qualify as having a disability, the child must have a medically determinable physical or mental impairment that causes marked and severe functional limitations.

The impairment in question must either be expected to be terminal or to last for at least a continuous year. Blindness, as defined for adults, is a qualifying condition.

Qualifying Disabilities for Adults

The same qualifications for disability that are used for SSDI benefits apply to SSI benefits. This amounts to having a severe mental or physical impairment that prevents gainful employment for an extended period. It should be restated that, unlike SSI benefits, work credits are required for SSDI benefits.

Contact Our Firm To Learn About Qualifying Conditions for SSD Programs

To obtain Social Security disability benefits, you will need to know what conditions are considered disabilities and establish that you have a qualifying impairment. The experienced lawyers at BurnettDriskill, Attorneys, can help you establish your disability while efficiently guiding your claim forward.

While you may be applying for SSDI or SSI benefits, other programs may apply to your situation as well. For example, if you lost your job due to a health condition, you may be eligible for short-term or long-term disability benefits. You do not have to choose between programs, many applicants can pursue multiple benefits at the same time. Our team can help review your options and ensure you explore all potential sources of support.

Learn more about how we can assist you by contacting us online or calling us today.

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