If you are no longer able to work due to a serious injury or debilitating illness, you may qualify for Social Security Disability benefits. SSD benefits can provide a monthly check to help you pay household bills and maintain financial stability. Unfortunately, applying for federal disability benefits can be a long and complicated process. Many people in Paducah who have valid SSD claims receive denial notices initially. They have to file an appeal to have the best chance to receive benefits.
Your best option for navigating the Social Security disability benefits application process is to get help from an experienced Paducah personal injury lawyer. The Social Security disability attorneys at Morgan, Collins, Yeast & Salyer have the experience and determination to help you develop a persuasive case for disability benefits.
Our lawyers have decades of experience navigating the Social Security Administration bureaucracy in Kentucky. We can assist you with preparing an initial application or filing an appeal to resolve your case. Contact us today for a free case review and information about your options for seeking SSD benefits in Kentucky.
Social Security Disability Benefit Types
The Social Security Administration has two primary types of disability benefits. The benefits you may be eligible for will depend on your work history, your financial assets, and other factors.
The two primary federal disability programs are:
-
Social Security Disability Insurance
Social Security Disability Insurance, or SSDI, is the program most people think of when considering disability benefits. SSDI provides money to disabled workers, along with eligible family members, if the worker meets certain requirements. To be eligible for SSDI, you must have worked a certain number of years and paid Social Security taxes. If you have earned enough work credits through your employment history and are no longer able to maintain regular employment due to a disabling condition, you may qualify for SSDI benefits.
-
Supplemental Security Income
Supplemental Security Income, also known as SSI, is another program that offers benefits to people who are disabled and have very limited assets and income. SSI benefits are based on financial need rather than employment history. You do not have to have an employment history to apply for SSI. Your eligibility is based on your income. The SSI program is aimed at helping adults and children in severe financial distress.
Social Security Disability Appeals Process
In Kentucky, all initial disability applications are filed at one of the 27 Social Security Administration Offices in Kentucky. The Social Security Administration conducts an initial review, then forwards the application to Disability Determination Services, a state agency that is part of the Kentucky Cabinet for Health and Family Services, to evaluate the application. Only about 30 percent of initial applications are approved, according to the Social Security Administration.
If Disability Determination Services denies your initial application, your next step is to request a reconsideration of the decision. It typically takes several months for claims examiners to complete a reconsideration review of an application.
Should DDS deny your request for reconsideration, your next step is to request a hearing before an administrative law judge. It can take a year or more before you actually have a hearing before a judge. While waiting for the hearing, our attorneys can help you gather additional medical evidence to support your claim. The delays with Social Security disability appeals can be frustrating. But you want to use that time productively to develop your case and minimize the chance of additional appeals.
If the administrative law judge rules against you, you can file another appeal with the Social Security Administration’s Appeals Council. The Appeals Council reviews cases to determine whether the administrative law judge made an error in the application of the law when deciding your case. The Appeals Council has the right to refuse to hear an appeal.
The final option for an appeal is to request a hearing in federal court. This is the last option for an appeal. You should work with an experienced SSD disability lawyer to make your case as strong as possible.
How You Qualify for Social Security Disability Insurance (SSDI) Benefits
There are two components involved in qualifying for SSDI benefits. First, you have to have enough work credits by having maintained employment for a period of years and paid Social Security taxes over time. You can earn up to four credits per year. Generally speaking, you need to have earned 40 credits over the course of your working life, with 20 of those credits earned during the ten years leading up to your disability, to qualify for SSDI.
If you have earned enough credits to qualify for SSDI, the next step is to show you meet the Social Security Administration’s strict definition of being disabled. According to the SSA, your physical or mental impairment must prevent you from taking part in substantial gainful activity. Furthermore, your condition must have lasted at least 12 months, be expected to last at least 12 months, or be a terminal condition for you to qualify for SSDI.
How to File for Disability in Paducah?
To apply for Social Security disability benefits in Kentucky, you’ll need to submit an application. This can be done online, over the phone, or in person. Along with basic information such as your name and age, you’ll need to include the following information with your application:
- Your birth certificate
- Proof of citizenship or lawful immigration status
- Tax forms
- Medical records
- An Adult Disability Report or Child Disability Report (if you’re applying on behalf of your child)
- Proof of any workers’ compensation benefits you have obtained
- Your military discharge papers, if you served prior to 1968
We recommend that you get help from an experienced disability lawyer to prepare your application. The Social Security appeals process can take months or longer. You want to avoid having to go through the appeals process if possible. A Social Security disability lawyer can help you with your application to minimize your chances of making errors or submitting an incomplete application.
What Conditions Automatically Qualify You for SSD?
The SSA rarely makes automatic approvals of claims for disability benefits. However, under the Compassionate Allowances program, you may qualify for disability benefits as soon as your diagnosis is confirmed if you have one of the listed serious health conditions.
Examples of the types of conditions that qualify under the Compassionate Allowances program include:
- Acute leukemia
- Adult non-Hodgkin lymphoma
- Amyotrophic lateral sclerosis (also known as ALS or Lou Gehrig’s disease)
- Adult-onset Huntington’s disease
- Certain types of cancer
- Early-onset Alzheimer’s disease
- Malignant multiple sclerosis
- Mesothelioma
The SSA has extensive lists of other conditions that may qualify for SSD, both for adults and children. If you’re not sure if your medical condition qualifies for disability benefits, talk to an attorney right away.
When Should You Apply for Disability Benefits?
If you are no longer able to work, you should inquire about your eligibility for disability benefits as soon as possible. A knowledgeable Paducah disability attorney at Morgan, Collins, Yeast & Salyer can help you understand whether you may qualify. If your disability has lasted at least 12 months, is expected to last for another 12 months, or has been diagnosed as a progressive, terminal condition, you can file a claim for benefits right away. Talk to a Social Security disability lawyer for help with your application.
How to Appeal a Denied SSD Claim?
If your initial claim for SSD benefits is denied, you can ask for a reconsideration. If your application is denied again, you can ask for a hearing before an administrative law judge. You want to submit any additional medical evidence about your condition as part of an appeal. A Social Security disability attorney can help you with any appeals you make.
How Can an SSD Lawyer Help You?
The best time to contact an SSD lawyer is as soon as your disability has been diagnosed. Our experienced SSD lawyers can help you evaluate your best options for pursuing benefits. Because there are strict requirements for obtaining disability benefits, an attorney who handles disability applications and appeals can explain how the process works.
If your initial application has been denied, don’t give up. A Kentucky Courage SSD lawyer can assist you with an appeal. We’ve had success helping many Kentuckians whose disability claims were denied at first obtain benefits. Special rules and procedures apply to appeals. You want help from a Paducah lawyer who knows how the system works to increase your chances of winning your appeal.
Contact a Paducah Social Security Disability Attorney
Applying for Social Security disability benefits can be challenging. It can require determination and perseverance if your claim is denied at first. We can never guarantee a specific outcome. But our attorneys at Morgan, Collins, Yeast & Salyer have the Kentucky Courage to keep fighting for you when the going gets tough. We are proud to have helped many people in Paducah and across Kentucky successfully pursue SSD benefits. Let us discuss how we may serve you. Contact Morgan, Collins, Yeast & Salyer today for a consultation with a Paducah Social Security disability lawyer.
