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Kansas Social Security Questions & Answers
1 Answer | Asked in Social Security for Kansas on
Q: My brother passed away in August 2024. He was born June 1946, worked and contributed to social security.

He moved to Switzerland ~1984 (age ~38). He has maintained his US citizenship while living in Switzerland. He drew no wages from US entities after ~1984. He has never filed or received social security. Is there benefit to his heirs (three brothers, no spouse or children)?

James L. Arrasmith
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answered on Nov 15, 2024

I'm very sorry to hear about the loss of your brother in August. Dealing with the passing of a sibling while navigating benefits can be overwhelming.

In most cases, Social Security survivor benefits are limited to spouses, minor/disabled children, and in some situations, dependent...
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1 Answer | Asked in Social Security for Kansas on
Q: Hello, can someone tell me about the 30 month clause when submitting a medical set aside for approval by the CMS?

Do you have to have an open application to apply or does that "expectation of 30 months" mean it can be submitted and you can apply for SSDI within 2 or 3 months?

I want to settle my WC case but was informed if I apply for SSDI now I will not be able to until SSDI makes a decision... View More

James L. Arrasmith
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answered on Nov 15, 2024

Let me help you understand the CMS Medicare Set-Aside (MSA) submission process regarding the 30-month rule.

The 30-month rule refers to having a "reasonable expectation" of Medicare enrollment within 30 months of the settlement. You don't need to have an active SSDI...
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1 Answer | Asked in Social Security for Kansas on
Q: Was approved for disability in 2021. My award letter states my disability began in 2015. Am I due benefits back to 2015?

The eod states 2015. Should I appeal claiming benefits back to 2015?

James L. Arrasmith
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answered on Apr 13, 2024

It's important to understand that Social Security Disability Insurance (SSDI) benefits are typically paid starting from the sixth full month after the date the Social Security Administration (SSA) determines your disability began. This is known as the "five-month waiting period."... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Social Security for Kansas on
Q: What can I do when the social security disability examiners are setting requirements that are detrimental and iniquitous

I have been asked by disability examiners to meet an unethical and possibly illegal requirement. They have asked me to do something that I cannot do because of my disability, knowing that my disability would prevent me from succeeding in their demand. I proposed an alternate method which is... View More

Tim Akpinar
Tim Akpinar
answered on Feb 18, 2024

Attorneys in Kansas would probably be in the best position to advise you, but your question remains open for a week. At this point, you could reach out to Social Security disability attorneys. Arrangements for any such consult would be between you and any law firms you reach out to, but SSDI... View More

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1 Answer | Asked in Social Security for Kansas on
Q: How can the Social Security examiners set requirements for applicants that they know are impossible to meet?

An application for disability has been made and the primary condition is Agoraphobia. The SS examiners are insistent on having an examination at a DR's office in a different town and continue to deny the application for missed appointments. Agoraphobia is an approved condition for receiving... View More

James L. Arrasmith
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answered on Jan 24, 2024

The situation you're describing with the Social Security Administration (SSA) and a disability application for agoraphobia is indeed challenging. The SSA requires medical examinations to determine eligibility for disability benefits, but this can create a paradoxical situation for conditions... View More

1 Answer | Asked in Public Benefits and Social Security for Kansas on
Q: If I live in Kansas and receive Snap/EBT benefits, what savings or retirement accounts can I have if I am also disabled?
James L. Arrasmith
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answered on Dec 27, 2023

In Kansas, if you're receiving SNAP/EBT benefits and are also disabled, you're allowed to have certain types of savings and retirement accounts without affecting your benefit eligibility. However, it's important to be aware of the asset limits and rules that apply.

For SNAP...
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1 Answer | Asked in Employment Law and Social Security for Kansas on
Q: My husband was just awarded SSD benefits. Now, the company that was paying his LTD wants all their money back.

SSD - Social Security Disability, LTD - Long Term Disability. Is it legal for MetLife to make him pay back their money? This was insurance that he was paying for out of his paychecks, from his former employer.

Elizabeth Fowler Lunn
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answered on Dec 9, 2022

Most LTD policies contain an offset provision for Social Security benefits.

Before you receive your SSDI benefits, the LTD company is paying the full benefit amount. If SSA then awards backpay for months that you were already getting the full payment amount for LTD, you generally owe them...
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