When a person suffers a catastrophic injury or develops a severe medical condition that leaves them unable to work, the individual may be eligible for financial assistance through the Social Security Administration’s disability benefit programs. However, qualifying for disability benefits typically involves a complex application process.
An experienced Social Security disability lawyer can make the process easier and increase an applicant’s chances of success. The attorneys at Morgan, Collins, Yeast & Salyer have an in-depth knowledge of Social Security disability regulations and extensive experience with the application and appeals process. Contact us to schedule a free consultation.
What Are Your Disability Benefits Options in Kentucky
If you’ve become unable to work and earn a living, you can apply for disability benefits from one of two government programs: Social Security Disability Insurance or Supplemental Security Income. Social Security Disability Insurance, also known as SSDI, provides monthly payments to workers who have an established work history, have paid Social Security taxes, and then become disabled from gainful employment. The benefit payments are based on the disabled worker’s contributions to the Social Security system.
The Supplement Security Income program provides financial benefits to disabled individuals with little or no income or assets who meet the eligibility criteria.
To qualify for SSDI, a person must have a sufficient and recent work history, with specific requirements based on an applicant’s age.
An applicant must also have a qualifying disability to receive SSDI benefits. The disabling condition must be expected to last at least 12 months or be a terminal condition that prevents the person from performing major life activities. The Social Security Administration maintains a list of conditions that may qualify for SSDI benefits, including:
- Cancer
- Chronic heart failure
- Chronic liver disease
- Chronic pulmonary hypertension
- Cystic fibrosis
- Endocrine disorder
- Epilepsy
- Intellectual disorder
- Intestinal failure
- Muscular dystrophy
- Multiple sclerosis
- Parkinson’s disease
An applicant can still qualify for benefits with an unlisted medical condition if it is as serious as a listed condition.
A Kentucky Disability Lawyer Can Guide You Through the Application Process
The Social Security Administration has strict eligibility requirements for SSDI benefits. The application process involves completing complex forms and supplying substantial supporting documentation, including medical information. Failing to complete the forms correctly or submitting an incomplete application lacking supporting documents can result in a denied disability claim.
A Social Security disability attorney can help you complete your application forms and gather the supporting evidence to prove your eligibility. They can also help you respond to requests from claims examiners for additional information or documents during the application process. Our disability lawyers know the types of medical evidence needed to support a disability claim. We have handled many Social Security Disability cases and can anticipate the questions that may arise during the initial application process.
Navigating the Disability Appeals Process
The Social Security Administration denies most SSDI applications because of insufficient evidence proving the applicant’s eligibility for benefits. However, applicants can appeal denials. The first step of the appeals process is to request reconsideration of an application. You may submit additional information or documentation to supplement your application, which can help address the reason that SSA claims examiners initially denied your application.
If the SSA denies your application upon reconsideration, an experienced disability attorney can file an appeal and request a hearing before an administrative law judge. Your attorney can present arguments and witness testimony to the administrative law judge showing why your SSDI application should be approved.
If the judge rules against you, you can appeal the decision to the SSA’s Appeals Council. The Appeals Council can either grant the appeal and decide the case, return it to the administrative law judge for further action, or deny it. If the Appeals Council denies your appeal, any further appeals will be heard in federal court.
Representation at Hearings: A Crucial Step
A Kentucky disability lawyer can provide legal assistance throughout the appeals process by gathering medical records from your healthcare providers, supplementing your medical record, and representing you during hearings. An attorney can present compelling arguments explaining why you qualify for SSDI benefits, including highlighting evidence overlooked during the initial review of your application.
Assisting With the Gathering of Supporting Documentation
To secure SSDI benefits, you must prove that you have a qualifying medical condition. Doing so may require substantial documentation to establish the nature of your medical condition and explain how it prevents you from working. You must submit your medical records from your treating providers. Our disability attorneys can help you gather supporting medical documentation and work with your providers to obtain compelling testimony.
Communicating with the SSA on Your Behalf
An attorney can take the stress of the application process off your shoulders by communicating with the SSA for you, including responding to the agency’s requests for additional medical documentation and information. Your lawyer can review correspondence from the SSA and advise you on the next steps to pursue your disability benefits application.
Beyond Application Assistance: Additional Services
Our Social Security Disability attorneys can advise you on the best course of action at each stage of the disability claims process, highlight any other benefits available, and provide legal guidance and emotional support.
Do You Think a Disability Lawyer Could Assist You?
Are you applying for Social Security disability benefits? Do you have questions about the disability application process or about appealing a denied disability claim? A Kentucky disability lawyer with Morgan, Collins, Yeast & Salyer can offer the guidance and advocacy you need. Call us today at (877) 809-5352 for a free case evaluation to discuss your rights and options to seek SSDI benefits.
