If you find it hard to hold down a job because of a severe mental or emotional condition—such as depression, bipolar disorder, anxiety, PTSD, or autism—you might be asking yourself: What are my chances of getting Social Security disability benefits? You may file a claim. The SSA should recognize the claim that prevents you from working and is expected to last at least a year. It can be confusing to understand the SSA requirement for mental illness. It is unfair sometimes that you have to jump through so many hoops. Do not give up if your benefits are denied the first time the appeals process can be done and you may go on to recover benefits.
Understanding Social Security Disability
Imagine you find yourself unable to work due to a serious illness or injury. Social Security Disability Insurance (SSDI) is a program designed to help you financially in such situations. Here’s how it works:
Eligibility: To qualify, you must have worked in jobs covered by Social Security. You’ll need enough work credits, which you earn by working and paying Social Security taxes.
Application Process: You’d start by applying through the Social Security Administration (SSA). This involves providing detailed information about your medical condition, treatment, and how it affects your ability to work.
Medical Criteria: The SSA evaluates whether your condition meets their criteria for disability. They look at medical records, doctors’ assessments, and whether your condition prevents you from doing any substantial work.
Waiting Period: Even after approval, there’s typically a five-month waiting period before benefits begin. During this time, you might need other forms of support.
Benefit Amount: If approved, you’ll receive monthly benefits based on your average lifetime earnings. These payments help cover living expenses since you can’t work.
Re-evaluations: Occasionally, the SSA will review your case to confirm you still meet the disability requirements.
Understanding this process can help you navigate the system if you ever need to apply for these benefits. It’s there to provide financial support when you’re unable to work due to a disability.
Mental Illnesses That Are Considered a Disability in Kentucky
Neurocognitive disorders
Schizophrenia and other psychotic disorders
Depressive, bipolar, and related disorders
Intellectual disorders
Anxiety and obsessive-compulsive disorders
Somatic symptom and related disorders
Personality and impulse-control disorder
Autism spectrum disorder
Neurodevelopmental disorders
Eating Disorders
Trauma and stress-related disorders
Your mental disorder in this listing category is “serious and persistent;” that is, you have a medically documented history of the existence of the disorder over a period of at least 2 years, and there is evidence of both. The SSA also uses umbrella terms under which may different illnesses fall.
If You Are Clinically Diagnosed, How Do You Prove You Cannot Work to SSD?
Family members, friends, social workers, and other key figures whom you interact with regularly are the key to a solid testimony for your mental impairment and its effect on your ability to perform routine functions, interact socially, and most importantly, obtain sufficient employment. Get a note from your physician. prove the prescriptions that have prescribed for you. Document any therapy you have participated in. Show why you can no longer do the work you were hired for and prove you cannot be trained for different work. Plus your illness needs to be a long-term one.
We Help Clients With Social Security Disability Claims
The Social Security Disability Act allows monetary support to those who are unable to maintain substantial “gainful employment” due to mental and/or physical disabilities prior to retirement age. For those who have had a strong work history up until their illness rendered them unable to work, they may qualify for Social Security Disability Insurance Benefits. This is a monthly payment based on your past income and varies from person to person. > Learn More
If you have a mental health disorder that prevents you from working, you may be entitled to receive Social Security benefits. Whether you are preparing your disability claim for the first time or appealing your case contact a compassionate attorney to explain your legal options for seeking disability benefits for mental illness.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
In Kentucky, or through Social Security Administration (SSA) short-term disability insurance is not guaranteed, and there are no laws protecting employees with short-term disabilities. However, there are other benefits that an employee can use if he is temporarily disabled. A countless number of people find themselves dealing with a temporary disability that is not permanent. Because of this many people turn to their own independent short-term disability insurance policies or employer-provided short-term disability coverage. The following are some examples of short term disability options you may have…
Short Term Disability Benefits
Employer-provided short-term disability benefits covers leave from work for a temporary disability, such as pregnancy, accidental injuries, and illnesses. Short term disability insurance replaces a portion of the employee’s income, which is a huge benefit for employees. The percentage of income paid depends on the insurance plan. The coverage typically lasts up to 52 weeks. Sometimes employers offer this type of insurance but the employee must sign up for it and it will be an add-on to your health insurance coverage.
Work-related Accidents
If you are temporarily disabled due to an accident or illness related to work, Kentucky’s worker’s compensation laws require that your receive medical treatment and disability pay.
Family and Medical Leave Act (FMLA)
FMLA is a federal law that provides up to 12 weeks of unpaid, job-protected leave to employees for certain family and medical reasons. Kentucky State Government also offers enhanced Family Medical Leave (FML) benefits in some areas. Employees are entitled to continue their health insurance while on leave, at the same cost they must pay while working. FMLA leave is unpaid, but employees may be allowed (or required) to use their accrued paid leave during FMLA leave.
Disability Determination Services
Disability Determination Services makes disability determinations on behalf of the commissioner of Social Security for residents of Kentucky. The program uses federal regulations to determine disability for both Supplemental Security Income (SSI) and Social Security Disability Income (SSDI). The program also adheres to federal regulations for performance accuracy and processing time standards. Applications must be filed in one of the 27 Social Security offices in the State of KY.
If you need disability benefits you should learn your legal rights in Kentucky. Contact an experienced lawyer to help you get the benefits your need and deserve. They understand what benefits you will qualify for and how you can best secure them.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
Although disability benefits are good news for many people you will find that the process is a long and difficult one. If you have serious liabilities, you likely cannot work and you are wondering just how you are going to pay your bills. SSD (social security disability) benefits are great financial assistance to help you. However SSA receives millions of applications every year and they initially deny far more than they approve. Do not give up if your SSD application is rejected at first. You can appeal, and many applicants go on to receive the SSD benefits they deserve. However, you must remember the process can be difficult and take more time before you receive the benefits you need. It takes Kentucky courage to fight for the SSD benefits you need and deserve.
Initial Application
When filing for liability in Kentucky, you will have to provide several documents to prove you are eligible. Having them prepared can help expedite the process. The documents you may need to include: a birth certificate, proof of US citizenship, discharge papers from the US military if you served, W-2 forms, an adult disability report that provides detail about your condition, work history, medical record from your doctor, test results, proof of workers compensation benefits, pay stubs, personal information.
Disability Determination Process
A representative in your local SSD office will collect information by phone, mail, online, or in person. During the process, the SSA will determine if you are disabled according to their definition. You must also be unable to work for at least one year, or your condition is expected to end in death. Plus you must have also collected enough social security work credits, which are based on your yearly income. This evaluation is usually made by Disability Determination Services (DDS).
First Decision
The DDs will try to obtain evidence from your medical sources. If there is not enough to help them make a decision they will request you to have a consultative exam (CE). This CE will provide the SSA with any additional information they require. Your personal physician can conduct this CE but the DDS may reach out to an independent physician for the exam. If the DDS finds that you are disabled the SSA will complete the non-disability development if it is outstanding, calculate the amount of benefits you are to receive and begin paying those benefits. If the DDS finds that you are not disabled, the file is still sent to the field office where it will remain, in case you decide to appeal the decision.
Preparing An Appeal
If you are denied the first thing you should do is to prepare your appeal. Then speak to a Kentucky SSD attorney for help. The appeal process is long and complex and an attorney can help pursue a successful appeal. Your attorney may simply have you reorganize your facts to get a denial to overturn.
Appeal Deadline
When the SSA denies your application they will send a notice with a reason for the denial. The notice will tell you how long you have to appeal the decision. Generally, you will have 60 days from the date you receive the notice to appeal a decision.
Reconsideration Decision
You will have a completely new person to go over all the information of your initial application. The amount of time it takes to receive the reconsideration will depend on how quickly the new examiner receives the medical records and if they require additional questionnaires pertaining to your activities of daily living (ADLs). Additional CEs may also be necessary, which will take longer as well.
Deadline to Appeal for Hearing
If the application is still denied, you can take your case to the next phase of the appeals process, which is the hearing. The hearing takes place in front of an administrative law judge (ALJ). The ALJ will hear testimony from expert witnesses and you will also have a chance to speak about your disability. You will once again be given 60 days to decide if you want a hearing.
Preparing For a Hearing
By the time this hearing takes place, it will probably be nearly one year since your first application. You definitely want to be prepared for the hearing when the date comes. Collect new current medical records. The ALJ will want to see medical records that are up to date, and will not accept your old medical records to determine if you are disabled. the SSA is required to provide you with at least 75 days’ notice before your hearing to tell you the date of your hearing. This should give you plenty of time to have new MRIs, X-rays, or any other test, plus a new medical source statement from your doctor that you need to convince the ALJ that you need SSD benefits. The medical source should include activities you can no longer perform, such as sitting for more than 20 minutes or being unable to regularly lift a certain weight. Also, request your SSA file from the SSA and review it. Reviewing the file can help you prepare an argument that will give you a better chance of a decision being made in your favor after the hearing. By now you should have had an attorney that can prepare you for the hearing and represent you during it.
Things to expect during the hearing…
You will be questioned by the judge
An attorney is allowed to speak on your behalf
You can expect expert witnessed to attend
The ALJ will ask you questions about your disability
The ALJ will not usually give you a decision right away. You will typically get a decision within 30 days after the hearing unless there are extenuating circumstances involved.
Suffering a disability is difficult enough. You shouldn’t have to also go through an extremely long and difficult process to receive the benefits you need to pay your bills. However, if you want to receive SSD benefits that is exactly what you will need to do. A Kentucky disability lawyer can help, so don’t do it by yourself.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
As a Kentucky resident, if you have a long-term disability, you may be working through your options and trying to figure out which of the U.S. Social Security Administration financial assistance options is best for you. Both help Americans with disabilities get by financially without working. There are key distinctions that exist between the two types of assistance programs.
SSDI (Social Security Disability Insurance)
You may ask if you are eligible for benefits? Do you qualify for disability insurance? The U.S. Social Security Administration must determine that your injury is severe enough to meet its strict definition of the term. And you will need to have enough work history. The number of work credits you need to qualify for disability benefits depends on your age when your disability begins. Every year the number of earnings required for a credit increases slightly in line with the rise in average earnings. To get the maximum of 4 credits, which is the annual entitlement you need to earn $6,040 you must have the required work credits to potentially be eligible for benefits.
SSI (Supplemental Security Income)
Supplemental Security Income (SSI) is a federal program that provides monthly payments to people who have limited income and few resources. SSI is for people who are 65 or older, as well as for those of any age, including children, who are blind or have disabilities. Your disability will have to meet the administration definition of the word. However, this type of benefit assistance is available for low-income individuals only.
Filling your disability claim can be an overwhelming and daunting process. More than 60% of Americans have their disability claim denied initially. A lawyer or advocate can fill out the SSDI or SSI application on your behalf and help gather medical records and other evidence for your claim. They can review your application for mistakes or omissions that could hurt your chances of success and can join you for meetings or conferences with Social Security officials. Many people find that they are able to qualify for assistance after they file an appeal.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
Workers’ Comp and Disability Benefits are both forms of insurance injured workers can count on. Suffering an injury can suddenly change your life. The uncertainty and stress you can face wondering how you will support your family and pay bills can be overwhelming. Thankfully Workers’ Compensation and Social Security Disability are two forms of government insurance to help. The question is which system is best for you. We would like to help you understand the differences.
A State-Run System: Workers’ Compensation
Workers’ compensation insurance provides medical and wage benefits to people who are injured or become ill at work. The coverage is mandated by each state and the wage and medical benefits vary by state. Workers’ compensation is considered social insurance because it relies on a social contract between management and labor, wherein in exchange for purchasing workers’ compensation insurance, business owners are protected from civil suits from their workers who become injured on the job. Yet each party’s benefits have limitations. Workers’ compensation insurance is purchased by businesses, and is underwritten by insurance companies and, in some states, is underwritten by publicly supported state funds. In the State of Kentucky, the law requires employers to have workers’ compensation. It covers both total and partial disability, although it is often meant to provide temporary support to workers while they recover. It covers an employee’s lost wages, medical bills relating to the work injury, and any
rehabilitation needed.
A Federal Run System: Social Security Disability Insurance
Social Security Disability Insurance (SSDI) is a federal social insurance program under which workers earn coverage for benefits, by working and paying Social Security taxes on their earnings. For those who can no longer work due to a disability, your disability program is there to replace some of your lost income. The disability does not have to be work-related. However, it must meet the Social Security Administration’s list of qualifying impairments. SSDI is a long-term program. One of the qualifying factors to receive SSDI is the injury must prevent you from working for at least one year. It will provide supplemental wages while you cannot work.
The Difference Between The Two Forms of Insurance…
The difference between the worker compensation is if you are hurt at work you are entitled to coverage but with SSDI you must qualify for benefits. Both systems are quite complex and require an experienced attorney to speak for you. If you have been injured at work or elsewhere it’s important to know your rights and speak to a knowledgeable attorney about your case. You need to know how to move forward and protect your rights. You may even be able to receive both Workers’ Compensation and Social Security Disability Insurance (SSDI) benefits if you qualify for both disability benefits and workers’ compensation. In addition to advising you (regarding when you should apply for each type of benefit), an attorney can also help structure your claims (and, if necessary, your appeals) for both programs in a way that is most likely to be accepted.
We Can Help You Through It All!
The Social Security Disability Act allows monetary support to those who are unable to maintain substantial “gainful employment” due to mental and/or physical disabilities prior to retirement age. For those who have had a strong work history up until their illness rendered them unable to work, they may qualify for Social Security Disability Insurance Benefits. This is a monthly payment based on your past income and varies from person to person. For those who do not have a strong work history or did not work in a job that paid Social Security taxes, there are Social Security Income benefits. Parties who apply for either of these benefits are often denied the first few rounds and do not receive approval until there is a hearing before an Administrative Law Judge (ALJ). The process of obtaining benefits can take several months up to two years – or even longer. The key for a claimant is that medical records document their condition and that they maintain a strong treatment history. While the ALJ will consider the testimony of the claimant, they will not approve benefits without the medical evidence supporting those claims. It is imperative that a claimant maintains consistent treatment with all physical and mental health providers. We will not charge any up-front fees to a Social Security/Disability client. Only if Social Security Disability benefits are granted will a standard percentage of the benefits be paid to the attorney.
Contact us (859-341-2500) for a Free Consultation!
About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
If you are suffering from Bipolar Disorder and are no longer able to work, you should contact an attorney specializing in Social Security Disability to improve your chances of receiving SSDI or SSI benefits. Historically known as Manic Depressive Disorder, Bipolar Disorder is a mental illness characterized by cyclic mania or periods of extreme euphoria followed by bouts of severe depression. This mental disorder is not a mood disorder alone, but a category of severe mood disorders. It is a condition that is prevalent in both men and women.
Assessment of Bipolar Disorder
If an individual Bipolar Disorder is constant and impairs all ability to function in a work environment, that person may be entitled to Social Security Disability Benefits. Any individual with Bipolar Disorder can be eligible for disability benefits if he/she meets the evaluation criteria listed in the Social Security Administration Bluebook, and if he/she has received a medical-vocational disability endorsement based on the person’s residual function ability, education, and age. Applying for disability benefits with a Bipolar Disorder diagnosis can be a complex and intimidating process, hiring a qualified Social Security Disability lawyer or disability advocate would be in their best interest.
How To Prove Bipolar Disability?
You will need a statement from your treating doctor or a psychologist regarding the severity of your Bipolar Disorder. For example, your doctor might give an opinion that you would miss several days of work each month due to your condition. Make sure the doctor explains this opinion. You should strive to keep a consistent treatment regimen before and during the Social Security Disability application process. If your SSDI/SSI application is denied, you should be prepared to file a disability appeal. In many cases, a Social Security Disability lawyer or advocate can provide invaluable help by guiding you through the application and appeals process. A person with bipolar disorder can qualify for SSDI benefits because it is included in the SSA’s listing of impairments.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
Did you know that the majority of Social Security disability claims are denied the first time? That is why it is important that those who have had their claim for Social Security disability benefits denied to fully understand their right to appeal and how to do so. Social Security disability benefits are offered to those who are disabled and have a medical condition that is severe enough that it leaves them unable to work AND that is anticipated to last longer than 12 months or lead to their death. There are also specific work history eligibility requirements that must be met. If your application for benefits has been denied, the appeals process has a few levels of appeals. They are as follows…
#1: A Request for Reconsideration
Filing a request for reconsideration requires fresh eyes on your application for Social Security disability benefits. A new reviewer will look over your entire application for benefits from the beginning including all your medical records and other required documents.
#2: An Administrative Law Hearing
If your application is still denied after your request for reconsideration, your next step is in the appeals process. This will involve a hearing before an administrative law judge. As an disabled applicant, you need to make sure you are adequately prepared for this hearing.
#3: Social Security Administration (SSA) Appeals Council Review
If your claim for Social Security disability benefits was denied by the administrative law judge, you can request that your application is reviewed by the Social Security Administration (SSA) Appeals Council.
#4: Time to File a Court Appeal
Your final level of appeal is to file an appeal in a federal court.
As a disabled applicant filing for Social Security disability benefits, you should not be discouraged by your initial claim for benefits being denied– majority of them are. But you should understand the process of Social Security disability appeals and what options are readily available to you so that you can get the benefits you need to live your life.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
