If medical problems have made it difficult for you to work, you might be eligible to receive Social Security disability benefits, which are administered by the Social Security Administration (SSA). You must prove that your condition will last at least a year or that it will lead to your death. The SSA uses a medical guide, which is called the Blue Book, to determine if an individual is unable to work and qualifies for benefits.
These medical criteria are very specific. Because of the nature of being approved for benefits, most claims are denied. In that event, you file an appeal to get your claim reconsidered. If your reconsideration is then denied, you request a hearing before an administrative law judge (ALJ).
While claims are denied for many reasons, there are some reasons for denying a claim that are much more common than others. As an example, a lack of hard medical evidence is going to warrant the denial of a claim. The medical evidence must show what conditions you suffer from and the limitations and restrictions you face because of that condition. If you are still working and your income exceeds the limits for substantial gainful activity (SGA) your claim will also be denied. You need to continue with medical treatment because a lack of follow-up care can cause a claim to be denied as well.
In Kentucky, 23.2% of disability claims receive approval. On the reconsideration level in Kentucky, 7.8% of claims are approved. When the claim reaches the hearing level, 55.2% of claims get approval in the state.
Visiting the Office of Disability Adjudication and Review in Kentucky
When a claim is denied at both the initial review and the reconsideration level, it will advance to the hearing level before an ALJ. These hearings take place at the Office of Disability Adjudication and Review. In Kentucky, there are four different ODARs with an average wait of 19.5 months for a hearing in the state. Overall, it takes an average of 584 days for a claim to be processed in Kentucky. Some cases are dismissed either before or at the hearing while some cases are denied.
The Lexington ODAR has 14 judges and an average 20-month wait for a hearing. That office has an average claim processing time of 592 days and applicants see a 45% approval rate.
The Louisville ODAR has 11 judges and a 23-month hearing wait with an average processing time of 657 days. That office also has a 45% approval rate.
The Middlesboro office has seven judges and an average wait of 13 months for a hearing. With an average 458-day processing time, the Middlesboro office sees 46% of claims approved.
The Paducah office has an average wait of 22 months for a hearing with one of the five judges. With a 630-day average claim processing, 44% of the cases at that ODAR see approval.
During the hearing, you will be questioned by the ALJ and a vocational expert, but your attorney can help you prepare for this process.
Getting Help from a Disability Attorney
Disability claims are complicated and challenging. Many claims are denied during the process, so it is wise to enlist the help of a Social Security lawyer so you can improve your odds of being approved for benefits. Your attorney will gather up all the documentation and medical records to support your claim.
For a successful claim, your medical documentation must be in order. This includes physician notes, surgical records, treatment reports, x-rays and scans, lab reports, and prescription records. Disability Determination Services needs to be able to see your conditions and how they impact you on all levels, so you can be fairly assessed.
There are several different SSA offices located throughout the state.
Social Security Administration
2241 Buena Vista Road #110
Lexington, KY 40505
Monday, Tuesday, Thursday, Friday, 9 a.m. – 4 p.m.; Wednesday 9 a.m. – 12 p.m.
Social Security Administration
140 Flynn Avenue
Frankfort, KY 40601
Monday, Tuesday, Thursday, Friday, 9 a.m. – 4 p.m.; Wednesday 9 a.m. – 12 p.m.
Social Security Administration
10503 Timberwood Circle #50
Louisville, KY 40223
Monday, Tuesday, Thursday, Friday, 9 a.m. – 4 p.m.; Wednesday 9 a.m. – 12 p.m.
If you are ready to file a claim for disability benefits, you can go online to the Social Security Administration website, call 1-800-772-1213, or visit your local SSA office. Complete the Free Case Evaluation Form on this page, so your information can be shared with a Social Security lawyer and you can get your free case review today!
Helpful Resources
Applying for Disability in Kentucky
Applying for Disability in Louisville
Applying for Disability in Lexington