Brian D Kelm

/Home/Social Security Attorneys: Salt Lake City UT

I have been assisting Utah's injured workers and their families since 1987. I only handle serious disabilities and death claims arising out of:

1. Workers' Comp. Employees with an occupational illness or disease or a job-related injury come to Brian for help in obtaining the full workers' comp benefits provided by Utah law.

2. Personal Injury. A personal injury, automobile accident, or wrongful death case is any type of situation where a person has been injured or killed due to someone else's carelessness.

3. Social Security. Social Security benefits are given to many individuals who can no longer work. A good attorney is vital to ensure you receive the benefits you are legitimately entitled to.

4. Third Party Claim. A "third party" claim involves collecting both workers' compensation benefits AND personal injury benefits (or any other sort of "liability" insurance coverage) from one accident.

Law Office of Brian D Kelm
3191 Valley St #170
Salt Lake City UT 84109-4256
Tel: 801 328-9009

Do I have to be poor to obtain Social Security Disability benefits?

No, you do not, and such benefits are not part of any federal or state welfare program. You should not feel ashamed in applying for benefits, since you in essence paid an insurance premium out of your salary each month to protect you and your family in the event you were to become unemployable. You paid the premium and you are entitled to collect if you cannot work. It is not now and never has been a charitable venture. You paid for it, and if you can’t work, you are legitimately entitled to receive it during your time of need. That’s what you paid for, and it is available for you when you need it.

My disability claim has been denied so what should I do now?

At this point, you should hire an experienced Social Security attorney to represent you from this point forward since all further dealings will be with an Administrative Law Judge. I should be contacted as soon as you receive you denial of benefits since you only have 60 within which to appeal. I can help you with regard to the paperwork that needs to be completed, signed and filed in order to protect your claim.

Do I have to be permanently, totally disabled in order to obtain Social Security disability benefits?

No, you do not. Social Security benefits are given to many individuals who are off work for at least one year, but who reach a point when they can and in fact do return to work. At that time, their benefits can be discontinued, subject to being reinstated again if they are, once again, unable to work. The important thing to remember here is when in doubt as to how long you may be off work, go down and file anyway. If it turns out to be a year or more, you will be glad you did.

Do I really need a lawyer to handle my case in a hearing before an Administrative Law Judge?

Absolutely! Matters such as objections to evidence, preparing briefs with citations to rules, regulations and cases, and direct and cross examinations of expert witnesses such as doctors and vocational Experts is not something that can be left to non-lawyers. There are some non-attorney representatives who do represent disability claimants, but their lack of legal training is a definite disadvantage to hiring them. The fees paid are the same as they are regulated by federal law, so if you are going to pay for legal representation, you might as well have an experienced Social Security attorney working for you, not some non-lawyer who can’t appeal on your behalf all the way to Federal Court.

How much do I have to pay a lawyer to represent me before Social Security?

The standard fee set by federal law is 25% of back benefits with a current maximum cap of $5,300.00 which from time to time is adjusted by the Social Security Administration. Your attorney and you must sign a fee agreement in conformity with federal law which must also be approved by the Administrative Law Judge. All attorneys are paid the same, with the exception that some will occasionally charge on an hourly basis which is very complex and which many attorneys feel is actually disadvantageous to claimants because it can result in someone paying an attorneys fee which is greater than the 25% contingency and $5,300.00 cap. If you don’t win, you do not have to pay me. I represent all of my clients on a contingent fee basis for 25% of back benefits.

You do NOT have to be out of work for at least one year before you are able to apply for disability insurance benefits.

You can and should file for benefits as soon as you are unable to work. Don’t let anyone at your local Social Security District Office talk you out of applying until you have been off work for at least one year. You need only show either that you have in fact been off work for a year or more, or that your medical condition is such that it is likely that you will be off work for least one year. If you can’t work anymore, file!

You do NOT absolutely need a favorable report from your doctor that you are unable to work to win your claim.

However, the existence of such a report is certainly helpful to your claim, and frequently means the difference between a win or a loss. If your doctor is willing to prepare such a report, have him or her do it and submit it to Social Security. Also, it is very important for you to personally obtain copies of as many of your medical records as possible, make a copy for your own file and hand-deliver them to your local Social Security District Office – preferably when you file, but if you can’t do it that quickly, then hand-deliver a copy of your medical records after you have filed. Don’t delay your filing, however, in order to get copies of your records. File first without the records if you have to, and deliver the medical records later when you can get them. And, keep in touch with Social Security to make sure your case moves along.

You should NOT give up when Social Security turns you down.

If you are truly unable to work, appeal each and every adverse decision timely. Don’t give up simply because the agency tells you that it doesn’t believe you are totally disabled. Almost everyone gets turned down at least once, and frequently at the reconsideration stage as well, particularly if you are under 50 years of age or have a High School Diploma or GED. If your claim is denied a second time on reconsideration, immediately contact us so we may assist you with regard to your appeal. This time the appeal will be on a form entitled “Request for Hearing before an Administrative Law Judge.” From this point on, you should seriously consider hiring an attorney who specializes in Social Security law. There are not that many in Utah because the area is rather highly specialized; but, you should not settle for anything less than an attorney who knows what the law is and has handled a lot of cases before the Social Security Administration.

If you have a Workers Compensation claim, you can also file for Social Security benefits; and the same is true if you have a personal injury claim.

If the reason you are unable to work is because your medical problems arose out of a serious work-related event, you do NOT have to wait to file for disability benefits until your workers compensation benefits cease. You may concurrently receive a check for both disability insurance benefits and workers compensation benefits. There may be some reduction in the amount due to the Social Security offset rule, but in 95%-plus of the cases, most claimants receive checks which exceed the total from either source. Many injured workers are not aware of the fact that they can receive lifetime awards both from Social Security as well as from the Utah Workers Compensation system.Receipt of a personal injury award by settlement or Court decision does not mean that you do not have a valid Social Security claim, either, for the same reasons. If you are disabled, you can file, and the fact that you are receiving or may receive benefits from another source will not prevent you from filing.