Frequently Asked Questions

Back to FAQ

Do I have any right to Social Security benefits and if so how do they work with my general personal injury claim?

ANSWER: The Social Security system is also a separate benefit program which does not depend upon fault, but does require that you meet certain conditions before receiving compensation. In order to recover social security benefits you generally need to be disabled for a continuous period of 12 months from any gainful employment, not just your prior job. Again, we can provide some limited advice in this area but we encourage you to consult a social security attorney to see if you are entitled to benefits and if so, to apply and pursue the administrative process to secure them. If you need help finding a social security attorney we can refer you to one if that would be helpful. Social security is an entitlement program because you have paid into it as a result of working, through payroll deductions generally referred to as FICA taxes. As a result, you are entitled to benefits if you meet the conditions of disability set forth under the Federal Social Security law. Generally those benefits do not have to be repaid out of any third party recovery you might make in the civil justice system, but again you should consult with a social security attorney regarding how that system coordinates with your personal injury claim.

Kansas City Office
Monsees, Miller, Mayer, Presley & Amick
4717 Grand Avenue
Suite 820
Kansas City MO 64112

Phone: (866) 774-3233
Fax: (816) 361-5577
Kansas City Law Office
Springfield Office
Monsees, Miller, Mayer, Presley & Amick
1021 E. Walnut St.
Springfield MO 65806

Phone: (866) 774-3233
Fax: (417) 866-8687
Springfield Law Office