Can I Get Temporary Disability in Kentucky?

Each year, countless people find themselves dealing with a 2qn that is not permanent but could make it impossible for them to maintain gainful employment for a while. If this has happened to you, you might be wondering if you are eligible for temporary disability benefits.

The Social Security Administration requires that a person’s disabling condition must last for at least one year or be expected to end in death for them to be eligible for disability benefits. This means that there are no temporary disability benefits available through the SSA. Because of this, many people turn to their own independent short-term disability insurance policies or an employer-provided short-term disability coverage.

Your Options for Temporary Disability Benefits in Kentucky

When an employer provides temporary or short-term disability benefits, employees may be eligible to receive a portion of their weekly gross income. Employees will typically be eligible to claim these benefits after they have missed work for two weeks. The coverage typically lasts up to 52 weeks.

Unfortunately, even though some employers voluntarily offer this coverage, employees will usually have to pay for short-term disability coverage as an add-on to their health insurance coverage.

Kentucky is not one of the five states that has a temporary disability program, so most people in the state have to rely on their employer’s policy or their own insurance coverage. If you’ve become temporarily disabled due to an accident or illness related to work, Kentucky’s worker’s compensation laws require that you receive medical treatment and disability pay.

Other Protections and Benefits in Kentucky for People with Temporary Disabilities

Employees could also be entitled to unpaid leave under the Family and Medical Leave Act (FMLA). FMLA often comes into play when a person was injured away from the job and is unable to return to work.

Under FMLA, a person can take up to 12 weeks of unpaid leave without fear of job loss.

When your short-term disability claim is covered by the Employee Retirement Income Security Act of 1974 (ERISA), you will have the right to appeal the decision of the insurer.

Disability Determination Services in the Department for Income Support is the Kentucky state agency that makes disability determinations on behalf of the commissioner of Social Security for residents of Kentucky. It uses federal regulations to determine whether someone is “disabled” for the purposes of both Supplemental Security Income (SSI) and Social Security Disability Income (SSDI or SSD), and applications must be filed in one of the 27 Social Security offices in the state.

Learn Your Legal Rights in Kentucky

If you are in need of short-term disability benefits for a temporary disability in Kentucky, turn to an experienced lawyer to help you get the benefits you need and deserve.

The social security attorneys at the Paul Baker Law Offices are here to help you understand what benefits you qualify for and how best to secure them. We’ll assist you every step of the way. We won’t collect any payment unless and until we get you the benefits you deserve.

Call us or reach out to us online to take advantage of a free, no-obligation consultation.

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