Kentucky Social Security Disability Legal Questions

While a Tennessee attorney can represent you in a Federal SSD hearing in Kentucky, the better question is why would you want an out-of-town lawyer without a local office to represent you? Please note that I am not questioning the competence and ability of the Tennessee lawyer; rather, I question why you would not want a lawyer that you can sit doen with to discuss your case, who would be available to meet with as needed, and would know the local medical profession and SSD judges? There is a lot to say good about relying upon a local attorney.... Read More

If you are still within the 60 day appeal window, then you can submit an appeal to the Appeals Council.  There are appeal instructions in your denial letter from te judge.  An appeal is a longshot and takes 10-12 months or so. You can, instead, file a new application alleging a disability onset date AFTER the date of the Judge's decision, meaning that you lose all of the back pay from the prior application. Per rule, you cannot simultaneously appeal and file a new application.  You have to make a choice.  ... Read More

From the Social Security Administration website: Definition of Disability For all individuals applying for disability benefits under title II, and for adults applying under title XVI, the definition of disability is the same. The law defines disability as the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. Unless your diagnosis is one that appears on the Compassionate Allowance List the evidence in your case must meet the definition of disability described above.  Another approach to the definition is if your condition prevents you from working 8 hours per day, 5 days per week on a regular and consistent basis, you can be found to be disabled. The individual facts and limitations are different in every case.  Consulting a professional in your area is always a good idea.... Read More

the answer depends on the language of the pension plan.  ask the person who is charge of your pension.  ask - if i get SSDI, do i qualify for early retirement or disability retirement or some other benefit under the pension plan.  ask to see the plan and read it over yourself too.   each plan is different, and so there is no general answer - it depends on the plan.... Read More

Your father's Agent Orange exposure is unlikely to affect any claim you may have.  To be disabled, you must be unable to work (8 hours/day - 5 days/week) for 12 months or more due to a medical condition (physical and/or mental). In order to prove your disability, ongoing medical treatment will be necessary to verify your claim.  To apply, go to https://secure.ssa.gov/iCLM/dib or go to your local office in person https://secure.ssa.gov/ICON/main.jsp or call Toll-Free: 1-800-772-1213.  It is free to apply.... Read More

If the benefits you receive are Social Security Disability Insurance benefits, the pension payment would not affect your monthly benefits. If the disability benefits you receive are for Supplemental Security Income (SSI), the pension payment must be reported to SSA and will affect your monthly benefit.  For how long depends on the size of the lump sum benefit.... Read More

Do not delay.  Apply.  You can apply in person, by phone, or online.  If you are denied, seek competent counsel by going to thislink and finding someone near you.  Hire counsel now if you feel uncomfortable proceeding alone or due to your health are not up to the task. I am sorry for the many health challenges you face, and strongly encourage you to pursue this claim.... Read More

To receive help for food and bills, find resources to help feed your family and pay your bills.  You are probably in uncharted waters if you have worked that long, but you now must ask for help.  This list has some examples, and once you get going, you will find many others: local food bank; utility assistance for water, gas and electric; local churches (whether you attend or not & whether you are a member or not - and as many as you can contact) - they will often help with rent or some other resource in your area; Salvation Army; Red Cross; Catholic Charities, Lutheran Family Services; free or reduced cost medical care; ask relatives and friends for help during this time that is expected to be temporary, etc. "Temporary" as stated above as either you will get back in the work force or receive disability benefits.  To be considered disabled by the Social Security Administration (SSA) you must suffer from a medical condition (physical or mental) that is expected to last for 12 months or more and prevents the person from working 8 hours per day, 5 days per week.  Note: this is not just the job that you have done for 30 years, it is any job. If this applies to you, do not delay.  Apply.  Submit copies of what records you have and give a complete list to SSA of the doctors you have seen and they will obtain them for you. You can apply in person, by phone, or online.  If you are denied, seek competent counsel by going to http://www.lawyers.com/Social-Security-Disability/browse-by-location.html and finding someone near you.  Hire counsel now if you feel uncomfortable proceeding alone or due to your health are not up to the task. PLEASE NOTE that an in person consultation is always best when you have a legal problem. DO NOT RELY on information for a legal remedy without having contacted a lawyer. Facts and circumstances of every case have to be applied to the law that is relevant for the state or location in question. NEVER rest on a right or defense you may have. Legal rights are not like wine - they don't improve with age or time. Time limits can completely prohibit recovery. SEEK LEGAL ADVICE IMMEDIATELY.  Go to http://www.lawyers.com/Social-Security-Disability/browse-by-location.html to find someone in your state. Be sure to visit my website for answers to other Social Security Disability questions. http://haller-law.com/faq... Read More

It sounds like you might be.  Have your doctors told you that you can't work?  Have you worked 5 of the last 10 years? If you have support from your medical providers, apply.   Submit copies of what records you have and give a complete list to SSA on the forms they require and they will obtain them for you. You can apply in person, by phone, or online.  If you are denied, seek competent counsel by going to thislink and finding someone near you.  Hire counsel now if you feel uncomfortable proceeding alone or due to your health are not up to the task. Good luck.    ... Read More

If you can not work due to medical conditions, and your doctor(s) agree, apply with SSA.  Submit copies of what records you have and give a complete list to SSA and they will obtain them for you. You can apply in person, by phone, or online.  If you are denied, seek competent counsel by going to this link and finding someone near you.  Hire counsel now if you feel uncomfortable proceeding alone or because of your health are not up to the task. Good luck to you. ... Read More