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Kentucky Social Security Disability Attorneys

social security

When you worked, you paid into the Social Security system. Now that you can’t work due to your medical condition, you aren’t sure where to turn. You can apply for disability benefits, and the Social Security Disability attorneys at Morgan, Collins, Yeast & Salyer can help.

Or, if you were denied, we can help you file an appeal.

Taking on the Social Security Administration (SSA) by yourself may seem like a courageous idea, but the reality is that when you do it alone, you’re less likely to win benefits. Our experienced Kentucky disability attorneys can help you take on the SSA.

We’ll handle your claim with respect and dignity. The disability attorneys you meet in our offices are the attorneys who will represent you at any hearings and who will help with your application.

If you live in Kentucky and can’t work, call us today for your free consultation.

How Does Social Security Define Disability?

When a person is injured or ill and cannot work for an extended period of time, he or she may be eligible for Social Security Disability Insurance (SSDI) benefits. To receive SSDI benefits, you must show that you are disabled.

The SSA has a very strict definition of disability:

  • You cannot perform your old job, or you have to stop repeatedly to take breaks, which prevents you from performing the tasks of your job. If you cannot perform another type of work and your skillset cannot be applied to another, easier job, you could qualify for disability benefits.
  • Additionally, the disability you are suffering from must prevent you from working for one year or result in death. If you can return to work within one year, you will not qualify for disability benefits.

Social Security also only provides benefits for those suffering from a total disability. If you have a partial disability, you will not qualify for SSDI.

What Kinds of Benefits Are There?

SSDI benefits are meant mainly to replace a portion of your income you have lost due to the fact that you cannot work. These payments are based on:

  • Your age
  • Income
  • How long you have been in the workforce
  • Your expected retirement date

Generally speaking, SSDI will provide 40 percent of your pre-retirement income. You can estimate how much you will receive by creating a Social Security account and using the SSA’s online benefits calculator.

Unfortunately, there is typically no health insurance coverage provided immediately after your SSD application is approved. If you receive disability benefits for two years, you then become eligible for Medicare coverage. The SSA will send you this information automatically once you qualify. Individuals who suffer from the most severe conditions, such as those requiring kidney dialysis, may qualify for Medicare coverage immediately.

In some cases, your family may also be eligible to receive benefits if your SSDI application is approved. Children who are under the age of 18 can submit a separate application that will provide financial assistance that allows them to complete their high school education.

What Is the Difference Between SSDI and SSI?

Many people think that SSDI and SSI provide the same benefits, but they are two completely different programs.

  • Social Security Disability Insurance is available to workers who have completed a sufficient number of work credits.
  • Supplemental Security Income (SSI), on the other hand, makes benefits available to low-income individuals who have either never worked before or haven’t accumulated enough credits to qualify for SSDI.

When Should I Apply for Disability Benefits?

If you have become disabled, you should apply for SSDI benefits as soon as possible. It can take as long as three to five months for the SSA to process your application. Additionally, if you are denied, you may have a long appeals process. Quite simply, the sooner you apply, the sooner you could receive the benefits you need.

You can also know what Government shutdown means for your social security disability benefits.

How to Apply for Disability in Kentucky

How to Apply for Disability in Kentucky

  • You can apply for disability benefits online through the SSA’s website. Here, it will tell you what documents you need to apply and other information about applying for and receiving SSDI.
  • You can apply over the phone by calling the SSA office at (800) 772-1213.
  • You can also visit your local Social Security office to apply for Social Security Disability benefits. It is important that you call first to make an appointment.

Whether you are just beginning the application process or have been denied and need to appeal, we encourage you to contact our disability lawyers first. Our legal team can walk you through the process in a free consultation and take the pressure off of you by handling your claim from start to finish.

How Long Does It Take to Receive Disability Benefits?

Unfortunately, there is no definitive answer to the question of when a person will begin to receive disability benefits. It will depend on whether the claim was approved after submitting an application for the first time, at a reconsideration appeal, or during a disability hearing.

The length of time it will take to receive SSDI benefits will also depend on how easily the application was processed. If there were issues during processing, such as if the disability examiner had trouble accessing the applicant’s medical records, that could hold up the process.

Even in the best-case scenario when there are no issues that hold up an approved application, it will take at least six months to receive SSDI benefits.

What Should I Do If My Application Was Denied?

Although it is a myth that the SSA automatically denies applications the first time they are submitted, the agency does reject more applications every year than it approves.

If your application for SSDI was denied, the first thing to do is to determine why. There are a number of common reasons the SSA denies claims, and if you can determine why yours was denied, it can prevent you from making the same mistakes again.

If you’re not already working with a Kentucky SSD lawyer, it’s time to speak to one. An attorney will understand why your claim was denied the first time and can help you file an appeal.

Too many people do not appeal after their SSDI claim is denied. They either give up on the process or they file a brand-new application, which is a mistake. Appeals have the best chance of winning, and if you give up on the process or file a brand-new application, it will waste valuable time.

What Does a Disability Lawyer Do?

No one is required to have a disability lawyer represent them while they are going through the application process. However, there are many benefits to speaking to one before submitting your application. When going through the claims process, a disability lawyer will:

  • Fully review your case: Attorneys know what the SSA is looking for within applications. When working with a disability lawyer, the attorney will fully review your case from start to finish, regardless of where you are in the claims process. Your lawyer will then determine the best approach for moving forward.
  • Ensure your application is complete: The majority of applications are denied the first time around, and many times, this is due to an incomplete application. An attorney will ensure your application includes all the necessary information.
  • Gather and organize medical evidence: Medical evidence is crucial to any SSDI claim. An attorney will ensure your medical records are complete and will sort through hundreds of pages to determine which are the most important to include. Your disability lawyer will also work with your healthcare providers to obtain letters of support for your application.
  • Communicate with the SSA: The SSA receives thousands of applications for SSDI every year. The application process is complex and includes various deadlines and formalities. This is often overwhelming for individuals who are just trying to receive benefits they desperately need. A Social Security lawyer will communicate with SSA and always keep you informed of the status of your application.
  • File appeals: Fewer than 40 percent of SSDI applications are approved the first time around. If your application is denied, you do have the right to appeal it. However, there are many different steps in the appeals process, and they all have different deadlines. A Social Security attorney will ensure you stay within these deadlines and help you navigate the entire complex system.
  • Represent you at disability hearings: Most disability claims are won at the hearing level. When you appeal a denied SSD application, you will have the chance to argue your case in front of an administrative law judge. These hearings are stressful, and it is critical that you are properly prepared for yours. A Kentucky SSD lawyer will know how to properly prepare you, ask your witnesses questions, and address any expert witnesses, such as vocational experts.

Although having an attorney is not required when submitting an SSDI application or appealing a denied claim, working with one experienced in the process will give you a better chance of receiving the benefits you need.

SSD Frequently Asked Questions

If you are applying for Social Security Disability, the chances are that you have a lot of questions. Below are the ones we hear most frequently, and the answers to them.

SSD FAQs

Who decides if I am disabled and eligible for benefits?

After you file a Social Security Disability claim, your case is sent to a disability examiner. The examiner will make the initial decision on your claim. After reviewing your case, the examiner will determine whether your medical condition qualifies under the legal definition of disability.

My doctor says I’m disabled. Why is Social Security denying my claim?

Unfortunately, even though your doctor is extremely familiar with your case and medical condition, he or she cannot determine if you are disabled. Only the SSA can do that. Doctors and the SSA often have a different definition of what’s considered a disability. For example, your doctor may state you are disabled due to a partial disability. The SSA only accepts applications for total disability.

Why do I need a lawyer to help me? Why should I hire Morgan, Collins, Yeast & Salyer?

At Morgan, Collins, Yeast & Salyer, we have handled thousands of disability cases successfully to get claimants the benefits they need. We understand how the system works, what the SSA is looking for, and how to appeal decisions and get them overturned.

How much does it cost to hire Morgan, Collins, Yeast & Salyer? How can I afford help? What does the attorney get paid?

If you are applying for SSDI, you are likely experiencing a hard time financially. Unlike other areas of law, such as personal injury, federal law regulates attorneys’ fees in Social Security Disability cases. This means that essentially, every disability attorney works on the same fee basis. If you win your case, our fee is 25 percent of the past-due disability benefits you receive. If you lose your case, there is no fee, meaning you have nothing to lose by speaking to an attorney.

What is the difference between a lawyer and a non-attorney advocate?

A non-attorney advocate has legal experience, but an advocate does not have a legal degree. Advocates must still receive proper training and certification to ensure they are qualified to address an applicant’s concerns. However, being qualified and having extensive skills and experience are two different things.

A Kentucky SSD lawyer has the necessary legal experience and background to fight for the best possible outcome with your claim.

Talk to a Kentucky Disability Attorney Now

If you have suffered a disability and can no longer work to provide an income for you and your family, do not try to handle a disability claim on your own. At Morgan, Collins, Yeast & Salyer, our Kentucky SSDI attorneys can help.

We can handle every aspect of your claim from start to finish, including navigating the appeals process, to demand the benefits you need. If you need help with a claim or appeal, contact us online to schedule your free consultation.

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