812-213-4551Kentucky Social Security Disability Lawyers
Experienced Advocates Fighting For Your Social Security Disability Benefits
If you received a denial of your Social Security Disability benefits claim, you might be wondering how to proceed. Some people make a mistake and assume that there is nothing left to do if their claim is denied.
More often than not, Social Security Disability applications are denied the first time around. If this happens to you, don’t give up. Instead, contact the Kentucky Social Security Disability benefits attorneys at Gerling Law Office, Professional Corporation Office.
With years of experience navigating the complex process of filing for disability benefits, our law firm is committed to advocating for your rights and ensuring you receive the financial support you need. Contact Gerling Law Office, Professional Corporation Office, at 812-646-3277 to schedule a free consultation.
Do I Have a Valid Social Security Disability Claim in Kentucky?
The Social Security Administration (SSA) determines the validity of your claim based on several criteria. First, they look at whether you are currently working.
Then, they want to know how severe your condition is. Your disabling condition may be a mental or a physical one that keeps you from working your regular profession.
Next, the Social Security Administration looks at your condition to determine whether it meets the list of already approved conditions. Several examples of approved disabling conditions are:
- Musculoskeletal system problems: arthritis, carpal tunnel syndrome, spine conditions, fibromyalgia, amputations
- Neurological disorders: Parkinson’s disease, cerebral palsy, traumatic brain injury (TBI), stroke
- Digestive tract problems: hepatitis, inflammatory bowel disease (IBD), Crohn’s Disease, liver disease
- Mental disorders: autism, post-traumatic stress disorder (PTSD), panic attacks, depression, bipolar disorder, schizophrenia
Once the Social Security Administration determines whether you have a qualified disability condition, they will consider whether you can perform the same work you once used to. If not, they will review your case to determine whether any other work is possible.
Lastly, the Social Security Administration will decide whether you have enough work credits to qualify for disability benefits.
How Can I Strengthen My Social Security Disability Application?
Strengthening your Social Security Disability Insurance application involves meticulous preparation and attention to detail. Start by ensuring that all medical records are up-to-date and comprehensive. This includes detailed reports from your healthcare providers that outline your diagnosis, treatment plan, and how your condition limits your ability to work. It’s also beneficial to include any test results, such as MRIs or blood tests, that support your claim.
In addition to medical documentation, personal statements from you and testimonies from family, friends, or colleagues can provide a fuller picture of how your disability affects your daily life. These statements should focus on specific examples of how your condition impairs your ability to perform work-related tasks.
Consulting with a Social Security Kentucky lawyer can also significantly enhance your application. An experienced attorney can guide you through the process, ensuring that all necessary documentation is included and that your application is as strong as possible. They can also help you understand the SSA’s criteria and how to best meet them.
How Long Does the Social Security Disability Appeals Process Take?
The Social Security Disability appeals process can be lengthy, often taking several months to over a year to complete. After your initial application is denied, you have 60 days to file a request for reconsideration. If this is also denied, you can request a hearing before an ALJ, which may take several months to schedule due to the high volume of cases.
Following the hearing, it can take additional months for the ALJ to issue a decision. If the decision is unfavorable, you can request a review by the Social Security Appeals Council, which can add more time to the process. If necessary, the final step is to file a lawsuit in federal court, which can extend the timeline even further.
While the process can be frustratingly slow, having a knowledgeable attorney can help expedite certain aspects and ensure that all deadlines are met. They can also help you understand what to expect at each stage and how to best prepare.
What Are the Common Reasons for Social Security Disability Claim Denials in Kentucky?
Understanding why Social Security Disability (SSD) claims are often denied can help you avoid common pitfalls and strengthen your application. In Kentucky, as in other states, there are several frequent reasons for denial. One primary reason is insufficient medical evidence. The Social Security Administration (SSA) requires comprehensive medical documentation to substantiate your disability claim. If your medical records do not clearly demonstrate the severity of your condition or its impact on your ability to work, your claim may be denied.
Another common reason for denial is the failure to follow prescribed medical treatment. If you have not adhered to the treatment plan recommended by your healthcare provider, the SSA may question the legitimacy of your disability. Additionally, earning too much income can disqualify you from receiving disability benefits, as the SSA has strict guidelines on what constitutes substantial gainful activity (SGA).
Lastly, if your condition is not expected to last at least 12 months or result in death, your claim may be denied. Understanding these common reasons for denial can help you prepare a more robust application or appeal.
How Can I Fight My Denied Disability Claim in Kentucky?
If the SSA denied your Social Security Disability Insurance claim, there are opportunities to appeal that denial. First, you want to look at the reason for rejection. When the SSA is reviewing a claim for disability, a simple clerical error or lack of proper supporting documentation is enough to trigger a denial.
After receiving your denial, the first option is to file a request for consideration. This document asks the SSA to let a different claims examiner review your case. You can submit new evidence that was not available before or was inadvertently left out. This claims examiner had no input on your initial application.
If the new claims examiner doesn’t approve your claim, you can also request an in-person hearing. This hearing will take place in front of an administrative law judge (ALJ). The ALJ will ask questions during the hearing. You can also request that the judge subpoena important witnesses and allow you to present new evidence.
Your next option after a hearing with the ALJ is to ask for a review from the Social Security Appeals Council. They are not obligated to grant you a hearing, however. If you still don’t have any resolution, you will be forced to file a lawsuit in federal court.
Filing a Disability Claim Lawsuit
A disability claim lawsuit must be filed in federal court. This requires special skills and knowledge. You don’t want to hire an attorney that doesn’t have experience trying cases in federal court.
When you file the complaint, you will not be suing the SSA directly. Instead, the defendant is the current Social Security Commissioner at the time of your lawsuit.
Once the SSA is served and has answered the complaint, you will need to file an opening brief. Your brief summarizes the events of the ALJ hearing and decision. You are asking the federal judge to reconsider and look at your evidence once again. The SSA then has the right to file its response brief. The court allows you one more chance to respond, which is called a reply brief.
In some cases, there may be oral arguments after both sides file their briefs. The federal judge will take everything under advisement and render their decision. Don’t expect an immediate response. In some cases, your court case may be pending for a year or more.
There are three ways a judge will rule. They could remand the case, which means sending it back to the ALJ for reconsideration. The federal judge could affirm the ALJ’s decision. And finally, they may reverse the ALJ’s decision if the federal court agrees with you.
What Should I Expect During a Social Security Disability Hearing?
If your initial application and reconsideration request are denied, you may request a hearing before an Administrative Law Judge (ALJ). This hearing is a critical step in the appeals process and offers you the opportunity to present your case in person. During the hearing, the ALJ will review your medical records, listen to your testimony, and may ask questions to clarify any issues.
Be prepared to discuss your medical condition, treatment history, and how your disability affects your ability to work. You may also bring witnesses, such as medical professionals or vocational specialists, to provide additional testimony supporting your claim.
Having a Kentucky Social Security Disability lawyer by your side during the hearing can be invaluable. They can help you prepare your testimony, ensure that all relevant evidence is presented, and cross-examine any witnesses. The hearing is less formal than a court trial, but being well-prepared can significantly impact the outcome.
What Role Does Medical Evidence Play in a Social Security Disability Claim?
Medical evidence is the cornerstone of any successful Social Security Disability Insurance claim. The SSA relies heavily on medical documentation to determine the severity of your condition and its impact on your ability to work. This evidence includes medical records, doctor’s notes, test results, and any other documentation that supports your diagnosis and treatment.
The SSA uses a medical guide known as the “Blue Book” to evaluate disability claims. This guide lists specific criteria for various conditions that must be met to qualify for benefits. Ensuring that your medical evidence aligns with these criteria is crucial.
In addition to medical records, statements from your healthcare providers can provide valuable insights into your condition and prognosis. These statements should detail your symptoms, treatment plan, and how your condition limits your daily activities and work capabilities.
Working with a Kentucky Social Security Disability lawyer can help ensure that your medical evidence is comprehensive and compelling. They can assist in gathering additional documentation, obtaining testimony, and presenting your medical evidence in the most effective manner.
Why Should I Hire a Kentucky Social Security Disability Lawyer?
Hiring a Kentucky Social Security Disability lawyer can significantly increase your chances of a successful claim. Navigating the complexities of the SSA’s application and appeals process can be daunting, and having an experienced attorney by your side can provide invaluable guidance and support.
A lawyer can help you gather and organize the necessary medical evidence, complete application forms accurately, and meet all deadlines. They can represent you during hearings and appeals, presenting your case in the most favorable light.
A lawyer can also help you understand the SSA’s criteria and how to best meet them. They can identify potential weaknesses in your application and address them proactively, increasing your chances of approval.
At Gerling Law Office, Professional Corporation Office, we have a proven track record of helping clients secure the disability benefits they deserve. Our team is dedicated to providing personalized, compassionate representation and will work tirelessly to achieve the best possible outcome for your case.
Will a Kentucky Social Security Disability Lawyer Be Able to Help With My Case?
The sooner you retain a disability lawyer in Kentucky, the better your chances are of having your claim approved. Attorneys who specialize in Social Security disability claims understand what is required at each level of an appeal.
If you have already submitted your appeal, it’s not too late to hire our Kentucky disability lawyers. From the first appeal to a federal lawsuit, Gerling Law Office, Professional Corporation Office, will be with you every step of the way. Retaining our firm from the start helps improve your chances of approval. If you are further along in the process, don’t let that dissuade you from contacting us, though.
For a Social Security Disability insurance claim, we can gather medical evidence, speak with your medical providers, and obtain additional testing. Our job is to ensure you have enough supporting medical evidence to qualify under the SSA’s guidelines.
We understand the SSA’s Blue Book, which is the medical guide used to evaluate disability claims. We can break down the difficult to understand portions and help improve your chances of approval.
At Gerling Law Office, Professional Corporation Office, we’ve been handling these types of cases for years. We are familiar with what documentation is needed, how the hearings work, and what is necessary if you exhaust all appeal options. Contact us at 812-646-3277 to schedule a free consultation.
Gerling Law’s Guide to VA Disability Benefits
Questions about your VA disability claim, benefits, or appeal? We’ve got a free guide available right now. Complete the form below and we’ll email you a link to download the guide directly.
Over $500 Million in Recoveries
I want to thank my attorney, Jesse Poag, and paralegal, Christina Von Zirkelbach. They were awesome at answering any questions I had while assisting me in getting qualified for disability benefits. Thank you, Jesse and Christina- you’re awesome! – Susan G.