Filing an Application for Disability Benefits
How do you win disability benefits?
If I am determined disabled, how far back will Social Security pay benefits?
How do you prove your disability case if you have a mental condition?
What Can I Do to Improve My Chances of Winning Disability Benefits
Common Mistakes after Receiving a Denial of benefits
How to File for Disability - Tips for Filing
If You Get Approved For SSDI Will You Also Get Medicare?
Social Security Disability--Permanent Disability
Social Security Disability SSI Criteria and the Evaluation Process
How long does it take to be approved for SSI or Social Security disability?
Qualifying: What do you Need to Prove to Qualify for Disability?
Applying for disability for Fibromyalgia
Filing for disability with Degenerative Disc Disease
Can I Qualify For Disability on the basis of Depression?
Answers to questions about SSD and SSI disability
What Disabilities Qualify for SSI and Social Security Disability Benefits?
Social Security Disability Status
Hiring a Qualified Disability Lawyer in Kentucky
How to prove you are disabled
and win disability benefits
Claimants who are represented on disability claims in Kentucky tend to have a higher rate of approval, a need for fewer appeals, and more favorable "dates of onset" (the date the disability is proven to have begun) that lead to higher back pay benefits.
Representation may be through a disability lawyer or a specialized non-attorney disability representative. Many non-attorney reps are former Social Security Administration Claims Specialists and Disability Examiners with an extended history of working from within the federal system.
A qualified disability representative will have a knowledge of Social Security administrative law, particularly with regard to how claims are approved through the Social Security listings and the medical vocational grid rules. A qualified and competent disability representative or lawyer will also be skilled in the ability to obtain the most relevant case evidence, analyze it correctly, and incorporate it as part of a winning strategy for a claim.
To learn about fees for representation, see: "How do disability lawyers get paid?"
No matter where you live, the process of filing for disability benefits is not easy, and itís even harder to win your case if you are filing in the state of Kentucky. In Kentucky, less than a third of all security disability (SSD) or supplemental security income (SSI) cases filed each year are approved, and less than one in 10 disability applicants who appeal their denials are successful.
Indeed, the majority of those who file disability claims in Kentucky will be denied by the state disability determination services, and will probably find themselves in a position in which they need to get a good disability lawyer or non-attorney representative (a non-attorney representative is someone, often a former employee of the social security administration, who, though not an attorney, is qualified to advocate for disability applicants) to help them win their case. This is because, after your first appeal, or request for reconsideration, fails, you will need to file a second appeal with the social security administration, in which you request a hearing before an administrative law judge.
It is highly recommended that you get a disability lawyer to represent you at this proceeding. It can take up to a year to have your case heard before a judge (due to an increase in the number of claims filed, backlogs exist in just about every disability agency throughout the nation). When you have a disabling physical or mental condition, this could be a very stressful wait, especially if your ability to work has been compromised, and you really need some form of income assistance.
Getting a disability lawyer does not, of course, ensure that you will win your case, but it does greatly increase the odds that you will have a favorable outcome. About sixty percent of those cases heard before an administrative judge are approved when the claimant is represented by a disability attorney. These are great odds, and the best chance of approval a claimant will see throughout the entire disability determination process. When you do get the opportunity to appear before a federal judge, you should have the strongest and most well-organized case possible to present at this last, best chance of winning benefits. Having some form of legal representation at this level of appeal could very well mean the difference between being approved or denied monthly disability payments.
Given the extremely low number of disability cases approved for benefits by the state disability determination services agency, those filing for SSDI or SSI in Kentucky should start planning for the very real possibility that they will need to retain legal counsel in their case, if not at the outset, then definitely at some point before they appear before a federal judge.
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Questions and Answers about Social Security Disability and SSI Disability
SSD and SSI are Federal Programs
The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Recent approval and denial statistics for various states can be viewed here:
Social Security Disability, SSI Approval and Denial Statistics by state
Special Section: Tips and Advice for Social Security Disability and SSI Claims