Category: Disability Benefits

Filing for Social Security Disability with a Bipolar Disorder Diagnosis…

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!

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.
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The 4 Steps of the Social Security Disability Benefits Appeal Process Explained…

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!

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.
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Disability Claim Tips – Do You Qualify for Social Security Disability?

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.

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.

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!

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

Disability Benefits – Short Term Disability Explanations and Options in Kentucky…

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!

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

Social Security Disability – Understanding the Process And How To Apply If You Need Disability Benefits…

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!

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