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Disability Lawyers in Kentucky

What Disability Benefits Are Available in Kentucky?

People living in Kentucky who are suffering from long-term disability can apply for disability benefits through the Social Security Administration (SSA). There are different Social Security programs available to Kentuckians, including Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). Depending on the severity of your condition, you may qualify for one or more Social Security disability benefits. 

A Kentucky resident living with a disability can apply for SSI benefits even if they do not qualify for SSDI.  A claimant must meet certain financial guidelines required by the SSA, as well as certain disability criteria.  A Kentucky disability lawyer can help determine which program or programs you may qualify for, then assist you in the application process. They can also help you appeal a denial by the SSA. 

Common Long-Term Disabilities in Kentucky 

The health care cost for disabled people in Kentucky is nearly $14 billion every year. This amounts to approximately $15,177 per disabled individual. Some of the most common disabilities of Social Security recipients in Kentucky are:

How Do I Apply for Disability in Kentucky?

Disability in KentuckyKentuckians can apply for benefits by filing a disability application form with the SSA. There are many ways to submit the form:

  • Submitting the application form in any of the 27 local Social Security offices in Kentucky
  • Calling the toll-free number, 800-772-1213
  • Applying online at www.ssa.org.

The Social Security Administration (SSA) will then verify that the information in the application meets their initial non-disability eligibility requirements, such as work credits for SSDI and income level for SSI. This helps determine whether the applicant will ultimately be eligible for the Kentucky Disability benefits. Next, the application is screened by Kentucky’s Disability Determination Services (DDS), a program provided by the state’s Cabinet for Health and Family Services (CHFS). The DDS is responsible for determining whether the applicant meets the medical eligibility requirements.

What is Disability Determination Services in Kentucky?

Disability Determination Services have the authority to determine whether an individual with a disability is eligible for SSI or SSDI based on federal regulations. DDS in Kentucky review all SSI & SSDI applications submitted by residents of Kentucky. 

Kentucky Disability Determination Services also follows the federal regulations that are specified for maintaining the following processing requirements:

  • Accuracy 
  • Performance
  • Time Standards

However, the Disability Determination Services office does not accept the applications required to grant the benefits. Applicants need to file for the benefits at a Social Security office, as explained above.

Experienced Disability Lawyers In Kentucky can explain to you in detail the specific medical requirements the DDS may use to determine your eligibility for disability benefits. A lawyer can also assist you in collecting all necessary medical evidence and documentation to include in your application. Further, an attorney can provide information about different state assistance programs such as:

  • Kentucky Transitional Assistance Program (KTAP)
  • Family Medicaid
  • Adult Medicaid

What is the Supplemental Security Income (SSI) amount received by the residents of Kentucky?

The federal government is responsible for funding Supplemental Security Income (SSI) payments. In the year 2019, the SSI amount was $771 per month. However, the state of Kentucky provides supplemental payments for those residing in nursing homes or requiring care at home.

You must consult the Kentucky disability office in case you want to inquire more about these supplemental benefits. The amount granted by the state depends on different factors, such as whether the recipient is in a personal care facility or living in their own home.

Want to know how to apply for disability in KY? You can visit the official website of the Cabinet for Health and Family Services (CHFS).

What Are the Kentucky Workers Compensation Laws?

Employers in Kentucky must possess workers’ compensation insurance for the benefit of their employees. This can help compensate employees if they get injured while working. The injured worker is free to file an initial workers’ compensation claim with their employer. When a worker is disabled for more than 12 months, then he can also apply for Disability Benefits in Kentucky.

Under Kentucky’s Workers’ Compensation Law, workers can receive compensation for their lost wages and medical treatment. The workers will also be provided compensation for the vocational rehabilitation and permanent disability benefits, if applicable. Employees who are working for the federal government and other railroad workers will be granted compensation based on the laws specific to their employment.

If you are disabled as a result of an injury or illness at work, an attorney can help you determine your eligibility for benefits. They can also assist you in filing a claim to receive the workers’ compensation benefits.

How Can A Kentucky Disability Lawyer Guide in Filing An Appeal?

If your initial application for benefits is denied, you can file an appeal. The appeal must be filed within sixty days after receiving the notice for denial. Do not get discouraged if your initial claim gets rejected; this is a common occurrence and many applicants face this problem.

Contact a Kentucky disability lawyer who can help you file an appeal. The process involves four levels of appeal, beginning with the “reconsideration” process. All the medical records will be reviewed by a different examiner, and can consider any new evidence you provide to support your claim. Your attorney can help you gather and submit new evidence for this stage.

If your application is still denied after this step, you can request a hearing before an Administrative Law Judge, and if the ALJ decision is unfavorable, you can request a review of their decision by an Appeals Council. If at this stage your application is still denied, you can request Federal Court review. An experienced disability attorney in Kentucky can help you with all these stages of the appeal process.

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