HIRING A QUALIFIED DISABILITY LAWYER IN KENTUCKY



Hiring a Qualified Disability Lawyer in Kentucky




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?"


Additional information

No matter where you live, the process of filing for disability benefits is not easy, and it's 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.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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Individual Questions and Answers


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