Denied Social Security Disability in Kentucky

What to Do If Your Disability Claim Is Denied in Kentucky

The truth is that there is a very strong likelihood that your initial SSD application will be denied. The good news is that an initial denial is far from being the end of the process, and many people are able to receive benefits after appealing these SSA decisions.

According to the Social Security Administration (SSA), only 32.1 percent of the more than 2.321 million applications for Social Security Disability (SSD) Insurance benefits resulted in awards in one recent year. The percentage of initially approved applications has not been more than 40 percent since 2003, and the only two years in which more people were approved than denied were 1966 (51.1 percent of applications resulted in awards) and 1967 (52.6 percent).

Was your SSD application in Kentucky recently denied by the SSA? Don’t give up. You are not alone. Make sure to get help from a qualified SSD appeals lawyer to determine the next steps that you should take.

The Paul Baker Law Office not only helps clients in Barbourville file SSD claims, but our firm also handles many appeals of SSD decisions. Call us or complete an online contact form to have our social security lawyers provide an honest and thorough evaluation of your case during a free consultation.

Common Reasons Social Security Disability Claims in Kentucky Are Denied

SSD applications require a lot of paperwork from applicants to prove their eligibility for benefits. Some of the most common reasons that SSD applications are initially denied include:

• Lack of medical records
• Disability not expected to last 12 months or end in death
• Application filed too late
• Failure to follow treatment recommendations
• SSA cannot locate you
• Failure to comply with SSA requests
• Criminal convictions
• Previous SSD denials
• Alleged fraud
• Applicant is working and earning enough to constitute substantial gainful activity (SGA)

SGA is adjusted annually. As of 2018, the SGA limit was set at $1,180 or more a month, or $1,970 for blind people. The SSA general rule is that people earning over the monthly SGA threshold will not be considered disabled, with few exceptions.

Mistakes After Kentucky Disability Claim Denials

If your SSD claim was denied, chances are good is that the denial was based on some of the same reasons that have resulted in the denial of thousands of similar applications. Many people who apply for SSD benefits on their own make many of the same errors that result in denied applications.

The steps you take immediately after being notified of a denial are very important. Some claimants mistakenly assume that a denial means that they have no other options, when in truth, there are still multiple avenues that may be available for obtaining SSD benefits.

One of the biggest mistakes that claimants make after having their initial applications denied is attempting to fill out a new application. This is a mistake because SSD benefits pay back to the original date of an application, and submitting a new application resets your application date.

When you reset your application date, you could ultimately cost yourself thousands of dollars in back benefits. Additionally, you are very likely to have your most recent application denied for the same reasons as your initial application if you have not corrected the underlying issues.

Levels of Appeal to SSD Claims in Kentucky

When your SSD application is denied, an experienced attorney can help you evaluate your appeal options. The SSA has four levels of appeal for claimants whose SSD claims are initially denied.

The four stages of appeal are as follows:

• Reconsideration by Department for Disability Determination Services — A claimant has 60 days to file an appeal with the SSA. The reconsideration process can take three to five months to complete.
• Administrative Law Judge Hearing — When a reconsideration request is denied, you have 60 days to request a hearing before an Administrative Law Judge (ALJ), who makes an independent decision based on the evidence, including your testimony at the hearing. It can take up to two years to schedule an ALJ hearing, and the SSA states that approximately 40 percent of hearings are held in remote locations.
• Appeals Council Review — A claimant must appeal an ALJ decision within 60 days of the date the decision was received or 65 days of the date on the denial. The Appeals Council issues the SSA’s final action for disability claims and is the last administrative decisional level.
• Review in Federal Court — When the Appeals Council denies a claim, you may have to file a civil action in the district court of the United States for the judicial district in which you live or where you have your principal place of business. The federal judge could award you benefits or deny your claim, and you may still be eligible to file another appeal with a federal circuit court.

The appeals process can be very complicated.  It is to your benefit to work with a skilled attorney to appeal an SSD decision.

Contact a Kentucky SSD Denial Lawyer Today If You Need Help After Your Claim Was Denied!

The simple truth is that most SSD applications are denied at first. Too many people receive their denial letters and just give up, having assumed that there is no hope for their case.

Many people who are initially denied SSD benefits are able to obtain the benefits later through various appeal options. You should never assume that you do not have a case just because your first application was denied.

If your SSD claim in Kentucky was denied for any reason, it is in your best interest to quickly seek help from a lawyer. A knowledgeable attorney can make the difference between continuing denials and actual awards.

The Paul Baker Law Office understands the frustrations involved in the SSD process and works to help clients all over Kentucky get the benefits they need and deserve. You can have our experienced team review your case and answer all of your legal questions when you call us or contact us online to receive a free consultation.