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. If you wait that long before you apply, you can skip this mandatory wait period.
Those who have been denied should immediately file an appeal within the allotted time period (60 days from the date of the denial), in addition to considering the prospect of locating a disability representative (who may be a disability lawyer or a non-attorney disability representative) to assist them with their claim, if they are not already represented.
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 a Government shutdown means for your social security disability benefits.
Sep 03, 2019 · When an employer provides temporary or short-term disability benefits, employees may be eligible to receive a portion of their weekly gross income. Employees will typically be eligible to claim these benefits after they have missed work for two weeks. The coverage typically lasts up to 52 weeks.
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.
If you are an SSI applicant with one of about 15 severe physical or intellectual impairments — among them amputation, Down syndrome, total blindness or deafness, and HIV/AIDS — Social Security may find you have a “presumptive disability.” This qualifies you for up to six months of benefits while your claim wends its ...
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.
Approximately 950,000 Kentucky residents receive some form of Social Security benefits. The average monthly benefits that a disabled worker in Kentucky receives are $805 for a single person and $1,200 for a disabled worker who is married and has 1 or 2 children.
The following five statements should never be announced at your disability hearing.“I can't work because no one will hire me.” ... “I don't know why I'm here. ... “I don't do chores because my significant other, friend or family member does them.” ... “I have never used drugs or alcohol in my life.”More items...•Oct 17, 2014
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
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.
You can apply for Disability benefits online, or if you are unable to complete the application online, you can apply by calling our toll-free number, 1-800-772-1213, between 8:00 a.m. and 7:00 p.m. Our representatives can make an appointment for you to apply.
The legal definition of “disability” states that a person can be considered disabled if they are unable to perform any substantial gainful activity due to a medical or physical impairment or impairments which can be expected to result in death or which has lasted or can be expected to last for a continuous period of ...
During the Trial Work Period (TWP), you can work and get SSDI benefits at the same time, no matter how much you earn.
How Much Are SSI Benefits in Kentucky? The maximum federal SSI payment as of 2019 is $771 a month for a person, and $1,157 a month for a couple.
Social Security disability payments are modest At the beginning of 2019, Social Security paid an average monthly disability benefit of about $1,234 to all disabled workers.
The purpose of this interview is to learn about the claimant's medical treatment sources and past work history. This information will form the basis for whatever decision is made.
When appeals are not submitted in a timely fashion, a claimant may be required to start over with a new claim, losing processing time and, potentially, disability back pay. The qualifications for disability under the reconsideration process are the same.
However, the second appeal level, the Social Security hearing, affords the majority of claimants a chance to win their benefits. Cases tend to have a likelier chance of approval when a prepared case that exhibits a rationale for approval is presented to an administrative law judge.
Their claim, in fact, may be denied by the Social Security office before it is even assigned to a disability examiner. As stated, the majority of claims are denied at the application for disability level. However, the second appeal level, the Social Security hearing, affords the majority of claimants a chance to win their benefits.
It goes without saying that not being able to obtain all of the necessary records can have a detrimental effect on the outcome of the claim (i.e. the claim may be denied, or the claim may be approved but with a less favorable date of onset, which would mean potentially less back pay received by the claimant).
In situations where the claimant has not listed the correct name or address of the medical treatment source, the examiner may be able to obtain this information from a medical source database. However, this is not always possible (particularly if the claimant has listed an absolutely incorrect name).
However, this information is obtained solely from the person filing for disability; therefore, individuals pursuing disability benefits should provide very accurate descriptions of their past work so that Social Security will not assume that the claimant has higher skills than they actually possess.
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.
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.
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.
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.
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. Get a Free Consultation: 877-809-5352 Contact Us Online.
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.
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.
If you are in need of short-term disability benefits for a temporary disability in Kentucky, turn to an experienced lawyer to help you get the benefits you need and deserve.
Employees will typically be eligible to claim these benefits after they have missed work for two weeks. The coverage typically lasts up to 52 weeks.
Other Protections and Benefits in Kentucky for People with Temporary Disabilities. Employees could also be entitled to unpaid leave under the Family and Medical Leave Act (FMLA). FMLA often comes into play when a person was injured away from the job and is unable to return to work.
Under FMLA, a person can take up to 12 weeks of unpaid leave without fear of job loss. When your short-term disability claim is covered by the Employee Retirement Income Security Act of 1974 (ERISA), you will have the right to appeal the decision of the insurer.
This means that there are no temporary disability benefits available through the SSA. Because of this, many people turn to their own independent short-term disability insurance policies or an employer-provided short-term disability coverage.
Most claimants have to appeal their initial denials, especially if they don’t have a lawyer handling their cases. Appealed disability claims have four steps before you should attempt to reapply for benefits. The SSA may approve your claim at any point in this process: Reconsideration.
The SSD application process doesn’t end if your first claim’s denied. Instead, you have 60 days from the day your denial letter arrives to file an appeal. However, where you live largely determines how long you’ll wait for an appeals hearing. See average appeals hearing wait times in your state or region here. Currently, the national average wait time for an appeals hearing is 11.8 months. In other words, you’ll wait at least 1.5 years from the date you apply if you win SSD benefits on appeal.
The ODAR is the department that schedules and holds disability hearings and fields all SSA applications, including retirement and survivors benefits. Because there is a limited number of judges and the ODAR’s two case-processing divisions have only a few hundred offices across the country, this part of the process can take up a large chunk of time.
Appealed disability claims have four steps before you should attempt to reapply for benefits. The SSA may approve your claim at any point in this process: 1 Reconsideration 2 A hearing with an Administrative Law Judge (ALJ) 3 An appeals council review 4 Federal court
You should also provide names of all doctors who treat you, facility addresses (including hospitals, doctor’s offices and anywhere else you go for treatment) and your appointment dates. Offering all necessary information from the start saves the disability examiner from having to track it down later. In fact, those steps are often most responsible for slowing down the entire process.
According to Tim Moore, a former disability examiner for the SSA, the first step in the long claims approval process is to send your Social Security disability benefits application to a state disability agency, which is also called Disability Determination Services (DDS).
The ODAR will then schedule your case and notify you of your upcoming hearing date. According to the SSA, approximately 1,535 administrative law judges (ALJs) make more than 558,000 rulings every year, so it can take a while.
If your initial application got denied, you have the right to request a disability hearing. To skip the wait for the hearing, your lawyer can file for an on-the-record (ORD) decision. To help you get approval at this stage, your lawyer can: help you gather substantial medical evidence proving the extent of your disability.
Surveys also show that 60% of those who had legal assistance was approved for benefits. While only 34% of claimants got approved without a lawyer. These statistics are backed by government data which shows that applicants represented by lawyers are 2.9 times more likely to get benefits.
Some factors that can affect the turnaround time include: whether you got approved at the initial application stage. the availability of your medical records. your medical condition. the state you live in. A disability lawyer knows what the SSA wants to see and hear.
Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving people’s livelihood. She is not an attorney and her writing should not be considered legal advice.
Eligibility for social security disability benefits requires either that the disability lasts, or is expected to last, 12 months or longer, or will result in your death. This means that disability benefits are paid only for long-term disability; short-term disability does not qualify.
The first question people ask when they apply for disability is whether they will be approved for benefits. Unfortunately, the odds that your disability application will be approved at the initial stage of the process are not good.
For 2020, that means being able to earn more than $1,260 per month, or $2,110 if you are blind ...
Individuals pay into Social Security by working certain covered jobs, and their earnings are converted into work credits. In 2020, $1,410 in earnings is equivalent to one credit (like SGA, the amount changes annually).
For example, if you were disabled at age 29, you need four years of work history and 16 credits. 31 to 42 years old: You need a minimum of 20 work credits,
Although no attorney can guarantee that the SSA will approve your application for social security disability benefits, some factors push the odds of approval in your favor.
Certain payments considered income for income tax purposes, such as alimony payments, are not counted as income for purposes of determining monthly income for SSD purposes. Likewise, you can be ineligible for benefits even if you earn less than SGA. For example, if the SSA finds that you could perform other work, ...
It typically takes up to six months to receive a decision when you initially apply for disability. If you are denied, you have the right to a Request for Reconsideration. This stage takes approximately two to seven months. If you are denied again, you have the right to Request for Hearing before an Administrative Law Judge.
In the DC, Maryland, and Virginia areas, it takes roughly one to two years to get a hearing date with the Judge.
Many disabled people hope that if they retain an attorney, they will get Social Security Disability more quickly.
Otherwise, the Federal law says Social Security attorneys get paid a fee of 25% of your retroactive benefits, or $6,000.00, whichever is less, and only if you win your case.
What a lawyer can do is to make sure that you don’t make procedural mistakes that will slow the process down. So, in that regard, a lawyer can help you speed up your case. But, hiring a lawyer does not mean your case will be sped through the line over others without a lawyer.
First, some background on the procedure of applying for SSI or SSDI: After you submit an application, the Social Security Administration (SSA) will start out by deciding whether you meet the financial and/or work-history requirements. If you don't, you'll receive a nonmedical, or "technical," denial. If you advance to the next stage, a disability examiner will then put your application through a five-step medical evaluation. (For more details, see our articles on technical disability denials and the SSDI/SSI determination process .)
Even if you're earning under the allowed amount, it can be much harder to prove that you're disabled if you're doing any work . But Social Security's claims examiners and judges also appreciate a long employment history, so being out of work for a long time might be a problem as well.
Clearly, you should see a doctor or other medical professional in order to create that evidence. One-third of our readers said they had not seen a doctor or other medical professional in the year before they applied for disability.