Assertive SSDI lawyers seek benefits for people unable to work
A medical condition that keeps people out of work for at least a year presents a serious financial risk to them and their families. For those who qualify, Social Security Disability Insurance (SSDI) payments might be the difference between security and a significant loss in the quality of their lives. No matter how worthy the claim, dealing with the federal government can be very difficult, so the seasoned Kentucky lawyers at Luxon & Himes, PLLC advocate for SSDI claimants in appeals as well as initial filings. If you’ve suffered a severe injury or illness and are unsure about what steps you need to take, we provide clear counsel on the benefits process and work diligently to get the funds you deserve as promptly as possible.
Thorough lawyers advise on eligibility and appeals of denied claims
Successfully collecting SSDI benefits starts with preparing the information needed for the application. Whatever type of condition you’re suffering from, we assist with gathering the personal data, work history and requisite medical evidence to support your filing, while keeping you informed regarding:
- Eligibility — If you are over 18, have been employed for a sufficient amount of time and are unable to work due to a medical condition expected to last at least 12 months or result in death, you can apply for disability benefits.
- Benefits — The amount available to those who are approved for SSDI benefits depends on the applicant’s recorded earnings over time, up to a maximum set by the government. For 2020, the monthly SSDI payment can go up to $3,011.
- Appeals — A large majority of initial SSDI claims from the Commonwealth are denied, forcing individuals seeking benefits to file an appeal. Our firm frequently represents denied claimants in hearings before administrative law judges where these decisions are often reversed.
We are committed to recovering all of the benefits and compensation that our Central Kentucky clients are entitled to. In addition to handling SSDI actions, our firm also represents clients in personal injury litigation when someone else’s negligence contributed to your disability and workers’ compensation claims if the injury or illness is job related.
How are work credits calculated when determining eligibility?
A work credit is usually applied for each quarter-year when someone is working and having Social Security taxes deducted as part of their paycheck. For someone who has been of working age for at least 10 years, they usually must have earned 40 credits, with 20 coming in the previous decade, to qualify for SSDI. The standard is typically modified for claimants who are younger.
What is the difference between SSDI and Supplemental Security Income?
Supplemental Security Income (SSI) is a different Social Security Administration program that is available to some disabled individuals. However, unlike SSDI benefits, payments under SSI only go to applicants with very limited financial resources. SSI is an income supplement rather than an insurance program, so no work history is required. In addition to disabled claimants, people who are blind or over the age of 65 can also receive SSI benefits if they qualify.
How long do SSDI benefits last?
SSDI recipients are classified based on whether medical improvement is expected, possible, or not expected. If it is possible that a claimant’s condition will get better to the point where gainful work will be possible, their condition will be reviewed over time to determine if their status should change. Once it is decided that someone’s condition will not heal enough to allow them to resume employment, they receive benefits until reaching retirement age.
What are common reasons that disability claims are denied?
In many cases, SSDI claims are rejected almost as a matter of course because of organizational inefficiency or because the reviewer did not grasp the true nature of the applicant’s disability. If a denial letter outlines the rationale used to deny your claim, such as the fact that your condition would allow you to do some suitable work (even if not your current job), a qualified SSDI attorney can challenge the decision and offer evidence to refute the ruling.
Contact a Kentucky Social Security Disability lawyer to arrange a free consultation
Luxon & Himes, PLLC represents clients throughout Central Kentucky in matters relating to SSDI and SSI claims. Please call 859-623-9529 or contact us online for a free initial consultation at our office in Richmond.