If you need aid with a Social Security disability call in the greater Barbourville area, you should get a lawyer before you submit your initial application. A lawyer can make certain that your claim is complete and is not missing vital information that could delay decisions or solution in a denial.
If you need aid with a Social Security disability call in the greater Barbourville area, you should get a lawyer before you submit your initial application. A lawyer can make certain that your claim is complete and is not missing vital information that could delay decisions or solution in a denial. Paul Baker Law Office has been serving clients in Kentucky and surrounding states for more …
You could be approved during the request for reconsideration rather than enduring a lengthy court process. If you need assistance with a denied Social Security disability claim, contact Gerling Law. You can call our office at 1-888-GERLING or complete our online case review form for a free, no-obligation initial consultation. Let us help get the disability benefits you deserve.
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Six months after your SSDI application date is the soonest you’ll get your first Kentucky disability check. The SSDI program takes about 3-5 months to process each Kentucky disability claim. Federal law requires a five-month waiting period before anyone can get SSDI payments after their claim’s approved.
To be considered disabled, you must have a medical condition that falls under Social Security's disability definition. You must also be unable to work for at least one year, or your condition is expected to end in death.
If your disability claim is at the initial claim level, otherwise known as the disability application level, you are probably looking at about 90-120 days before you get your decision. Some disability claims will be processed sooner and others may take longer.
Kentuckians should know they may be eligible for Social Security Disability benefits if they can no longer work due to having a medical condition that's expected to last at least one year or result in their death....Bell's Palsy.Epilepsy.Migraines.Peripheral Neuropathy.Stroke.ALS.Huntington's disease.Parkinson's disease.Sep 24, 2021
The maximum disability amount for 2019 is $2861.00 per month. On the other hand, if you live in Kentucky and you are eligible for the need based SSI disability program, there is a set maximum benefit of $771.00 for a single person and $1157.00 for a couple both entitled to SSI.
How hard will it be to get disability? It can be fairly difficult to win and get disability benefits in Kentucky or any state. The process is equally hard regardless of state because SSDI and SSI are federal programs.
According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied.
Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your hearing.
Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.Dec 16, 2021
According to the Centers for Disease Control and Prevention (CDC), three of the most common physical disabilities that affect people include arthritis, heart disease, and respiratory disorders.
Conditions that qualify for SSDI and SSI include:Cardiovascular System. Conditions of the heart, such as High Blood Pressure, Heart Failure and Blood Clots.Digestive System. ... Endocrine System. ... Genitourinary Impairments. ... Hematological Disorders. ... Immune System Disorders. ... Malignant Neoplastic Diseases. ... Mental Disorders.More items...•Jan 19, 2022
If you qualify for SSI, you get monthly payments to help you pay for your basic needs. A person who is single can get up to $841 per month in benefits....Substantial Gainful Activity (SGA)YearDisabled, Non-blindBlind2021$1,310$2,1902020$1,260$2,1102019$1,220$2,0402018$1,180$1,9708 more rows•Jan 6, 2022
During the Trial Work Period (TWP), you can work and get SSDI benefits at the same time, no matter how much you earn.
It’s called SSI. SSI is designed to help only the poorest Americans who are blind, disabled or aged 65 and older. Any Kentucky disability benefits you get through the SSI program come out of the general tax fund. That means SSI payments don’t impact the Social Security trust fund in any way.
Six months after your SSDI application date is the soonest you’ll get your first Kentucky disability check. The SSDI program takes about 3-5 months to process each Kentucky disability claim. Federal law requires a five-month waiting period before anyone can get SSDI payments after their claim’s approved.
A qualified Social Security attorney charges $0 if you don’t win benefits. And if you do win, you’ll only pay a small, one-time fee.
Once your checks start, the SSA requires you to pass another disability update every 3-7 years. If you can’t do that, they’ll suspend your Kentucky disability payments.
1. You Must Be Disabled, Blind or at Least 65 Years Old to Qualify. SSI applicants automatically pass the program’s medical screening based on age alone if they’re at least 65 years old. But younger claimants must pass a DDS medical exam in order to qualify for Kentucky disability benefits.
To get SSDI payments in the $2800 range, you need to earn $128,000-$132,000 annually for several years first. On average, disabled workers in every U.S. state receive about $1,258 in SSDI each month.
The SSI program looks for two things during the financial eligibility screening. First, you can’t earn more than $1,260 each month while working. But even if you’re not working, any money you get from other sources will also count against you. Child support, alimony, earned interest, SNAP, TANF, etc. all count as “monthly income” for SSI. Next, the SSI program looks at your bank balance. The program’s asset limit rules say you can’t have more than $2,000 in the bank. However, other things you own and can easily sell for cash also count towards that asset limit. (For example: jewelry, stocks, bonds, lottery tickets, earned interest, living rent-free with a relative, etc.) Some things that won’t count towards your $2,000 asset limit include:
Berry Law Firm was founded in 1965 by John Stevens Berry, Sr., who spent part of his military career in the Army serving in Vietnam. During a JAG tour in Vietnam, he successfully defended Green Berets against murder charges among other courtroom victories for his fellow servicemembers, earning him significant national praise. While developing a criminal defense practice, he also represented many Veterans on a pro bono basis against the VA. The firm is now run by John S. Berry, Jr., who retired as a Lieutenant Colonel from the National Guard after earlier Active Duty tours in both Bosnia and Iraq. John has built a Firm that lives on military tradition and values.
However, there are others who may have incurred disabling injuries yet do not have a VA disability rating. A Kentucky VA disability lawyer from Berry Law may be able to help you in your battle for VA disability benefits.
A reopened claim is a final decision not to grant benefits that is more than one year old and has not been appealed. The case cannot be reopened unless new evidence is received.
The VA identifies five types of claims: Pre-Discharge Claims — Servicemembers can file claims for disability compensation when they are within 180 days of separation or retirement from active duty or full-time National Guard duty.
George Sink Sr. is a Vietnam War veteran who was injured while serving his country. As a disabled veteran, he understands the challenges that veterans face when filing their disability claims. He and his legal team are here to help you get the benefits you deserve.
Depending on the type of disability claim filed, VA disability ratings may be increased, decreased, or completely severed. An experienced attorney will know the best way to help you argue that your condition has worsened or is otherwise deserving of a higher disability rating through medical reports and other evidence.
Disability Compensation — Benefits paid to veterans with disabilities caused by diseases or injuries incurred or aggravated during active military service. Benefit amounts are determined based on the degree of the veteran’s disability on a scale from 10 percent to 100 percent.
Dependency and Indemnity Compensation (DIC) — Benefits paid to surviving spouses, children, or parents of servicemembers killed on active duty, active duty training, or inactive duty training, as well as survivors of veterans who died from service-connected disabilities.
When you first hire a disability attorney, whether you are filing for SSDI or SSI, you must sign a fee agreement that allows the SSA to pay your attorney if your claim is approved. The SSA will review the agreement to make sure it meets the fee agreement guidelines. This is to ensure that your attorney receives only what he or she is entitled to.
Once you are approved for benefits, the SSA will calculate the amount of backpay you are owed. For SSDI, your backpay will include retroactive benefits you are owed from the date you were approved back to the date the SSA determined your disability began (for a maximum of 12 months back from the date of your application).
During the course of representation, a disability attorney usually has to request a claimant’s medical, school, work records, and occasionally medical or psychological examinations; these can be expensive. The client must pay these costs separately from the attorney’s fee (of 25% of their backpay).
ERISA, or the Employee Retirement Income Security Act, is a federal law. It governs specific benefit plans that may be offered by your private employer. Under ERISA, employers have certain responsibilities to protect their employees.
Unfortunately, getting VA disability compensation can be difficult. It may take months or years and multiple appeals. Therefore, we recommend that you get started on the claims process right away.
If your VA disability compensation claim is denied, then you can and should get a VA lawyer involved. Our VA disability lawyers can help throughout the rest of the process, including:
If your original claim is denied, your attorney will represent you at any necessary appeals, such as reconsideration and hearing proceedings. He or she can collect and submit key medical evidence, communicate with your doctor and any other medical professionals who have treated you, and prepare you for any questions that the administrative law judge may ask. They may also be able to move your case forward more quickly, especially if you are in dire financial need or your condition is terminal.
The maximum amount a disability lawyer can charge is 25 percent of your backpay. The maximum an attorney can receive from your backpay is $6,000. As an example, if your backpay is $12,000, your attorney will receive $3,000 and you will receive the remaining $9,000. Your attorney can advance you the expenses associated with your case.
Filing for Social Security Disability benefits can be a complicated and confusing process. Most applicants don’t know how to fill out the necessary paperwork and submit the correct medical documentation. This is a primary reason why over 65% of disability claims are originally denied. While you don’t technical ly need an attorney to represent you ...
When your claim is denied, you will be sent a notice of denial. That notice will explain why your claim was denied and/or what evidence was lacking. Your disability lawyer will be able to review that denial notice and determine what needs to be provided to get your claim approved.
For a new disability claim, the average processing time can vary from 3 months to 9 months. For claims that are appealed following the initial denial, the processing varies from 8 to 16 months in most cases.
Social Security Disability attorneys understand the application process. They know how to present your case in a way that makes your disability obvious and not a matter of conjecture, and can assist you in obtaining the necessary medical documentation from your doctor and the hospitals where you received treatment. A lawyer can help you understand the Blue Book listing and make sure you meet the criteria. The risk of your claim being rejected due to insufficient medical proof of disability is greatly reduced.
An administrative law judge hearing is just like any case in court. You will testify before a judge, and medical and vocational experts may be called to testify. You should be prepared to respond to the questions, and your attorney will be able to help you get ready for this.