Does One Family Member’s Receipt of Social Security Disability Make Another Family Member’s Case Harder?

Posted by:

Does a wife’s receipt of Social Security Disability make her husband’s Disability benefit case harder? How about her son or daughter’s claims? The short answer is “one family member’s receipt of Social Security Disability Income (“SSDI”) based upon their own medical and earnings record, should have no impact on another’s application for benefits. And, if the adult children have sufficient medical evidence and wage history, they too can prevail in their own Federal Disability claim,” notes Herndon Social Security Disability lawyer Doug Landau.

Third Client From Same Family Seeks Help With Social Security Disability

A case in point is a Virginia family that lawyer Landau knows well. These folks had been hit hard by poor health after long, hard work careers. The Colonial Beach family first contacted Landau when the father became disabled after a long work career that left him with several disabling conditions. The Abrams Landau team applied him for benefits in 2000, and it was our contention that our client’s condition, which included: diabetes, loss of sight in both eyes as the result of bilateral vitreous hemorrhaging, etc., was totally disabling to this lifelong truck driver with no transferable skills.  The medical records supported a conclusion this nearly 62-year-old claimant’s impairments met the required severity under the medical listings. His limited vocational history and inability to: drive, walk across the street, read, cut up his own food, etc., compelled a finding of total disability from substantial gainful employment. We won the case.

Then his wife found herself in need of our help. We took on her case, which in no way was adversely impacted by her husband having won his own SSDI claim. She won her case in 2009, and she received over $30,000.40 in back due benefits from the onset of her disability in 2007 to July of 2009 at the rate of $1,302.60 per month, with Cost of Living Adjustments every year since her winning decision! Since then, she has received over $129,658.34 in monthly wage loss benefits. She continues to receive monthly benefits at a much higher rate due to the inflation increases under Federal law. What was Landau’s fee for getting this working woman over $175,000.00 in wage loss benefits plus medical care? Lawyer Landau’s CONTINGENCY fee of $6,000.00 in this Social Security Disability case comes to less than 3.5% – which is a bargain any way you look at it.

Then, in the Fall of 2017, Doug Landau was contacted by this family’s adult son. He had filed his own disability case due to genetic defects and illness with a non-lawyer representative out of New Jersey. He lost at his first application and on the reconsideration level as well. When the Jersey non-lawyers stopped returning his phone calls, e-mails and letters, he parted ways and is now being represented by the Herndon law firm of ABRAMS LANDAU, Ltd. Again, Landau does not see any increased difficulty because both of his parents have received several hundred thousand dollars in disability payments FROM THEIR OWN Social Security earnings accounts.  If you or someone you know or care for is disabled and needs help with Social Security Disability and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once. Hiring inexperienced, incompetent or non-lawyer counsel may impair our ability to represent you at a later date.