Social Security Lawyers
If you are disabled and have been denied Social Security Disability Benefits, call us at (888) 782-9090 and we can help. It won’t cost you anything to call us.
We will work hard to obtain your disability benefits which may include referring you to physicians to document your disability, obtaining your medical records and representing you at the Social Security hearing.
We even help our clients who do not have insurance obtain Medicaid. If you have questions about your Kentucky Social Security claim, go to our FAQ below to answer those questions and protect your rights to disability. You have worked hard all your life and you deserve your Social Security benefits.
The Law Firm of Flora Templeton Stuart works hard to put security back into Social Security disability for our disabled clients in Kentucky. If you are disabled and have wrongly been denied Social Security disability (SSD) benefits, it is important to retain an experienced SSD attorney knowledgeable with Kentucky law.
Obtaining disability benefits requires medical evidence. To help you receive your SSD benefits, we obtain copies of all medical records, review the records and then file them with the Social Security Administration.
We also provide our disability clients with physicians, community centers, hospitals, and mental health centers to help the uninsured obtain treatment. Applying for Social Security disability benefits can be a long process, so it is important to contact a Bowling Green, KY personal injury attorney immediately so we can accelerate the process and appeal all decisions.
At the Law Firm of Flora Templeton Stuart you will always meet with a Social Security disability attorney on the initial visit and to prepare for hearings. There are no fees, costs or expenses unless you win your SSD case and recover the benefits you deserve.
Steps We Take To Get You A Top Settlement
You May Have Questions – We Can Help
What Does it Take to Win a Social Security Disability Case?
Winning a Social Security disability claim is much like working a puzzle. We gather all the pieces such as medical records, physician statements, handicapped permits, and prescription drug information, and we submit those pieces to the Social Security Administration in an effort to prove your disability.
We must show that based on your age, education and work history, the conditions from which you suffer prevent you from maintaining any type of employment. If you believe that you are entitled to Social Security disability benefits, call Flora Templeton Stuart as soon as possible for a free case evaluation.
Can I Get Medicaid Now?
Individuals or families with dependent children could be entitled to receive Medicaid based on your income and resources. You may apply at your local Medicaid Office/Food Stamp Office. If you are not entitled to benefits at this time, you may be entitled to benefits in the future and should apply again if your situation changes. If you need help applying for Medicaid benefits, contact attorney Flora Templeton Stuart.
If I Win Will I Get Medicaid/Medicare?
Claimants approved for Social Security disability benefits are eligible to enroll in Medicare once they have been disabled for 24 months.
Claimants approved for supplemental security income (SSI) are eligible to receive Medicaid without a waiting period. The Social Security representative will review those benefits and determine your eligibility once you are found to be disabled.
What Happens if I am Denied?
If you receive a disability denial, you have the right to appeal your case. Because Social Security appeals must be filed within 60 days of the date of denial, time is of the essence. Our Kentucky Social Security disability lawyers will help you file your appeal but you should contact us right away if you are denied SSD benefits. (Learn more about the SSD application process on our blog.)
What is the Difference Between Social Security Disability and Supplemental Security Income (SSI)?
Social Security Disability (SSD) benefits are available to eligible disabled workers who have paid into the Social Security system through their employment over time, and are unable to work because of a medical condition that’s expected to last at least one year, or result in death. To be eligible for SSD benefits, you must have worked at least five out of the previous ten years.
Supplemental Security Income (SSI) is available to eligible people who meet certain financial or medical criteria. SSI does not require you to have paid into Social Security through an employer in the past.
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“We Have Recovered Millions of Dollars for Our Clients”
“I could call and talk to Flora… her staff was great. I never had to worry. They would always ease my tension”.
“She made sure my medical expenses were taken care of… that I had a great medical team to help me heal”.
“It was like talking to your family. My wife and I both grinned… we never had to worry after that”.
WHAT FACTORS ARE CONSIDERED IN DETERMINING WHETHER I RECEIVE SOCIAL SECURITY DISABILITY?
Factors considered for Social Security Disability include:
- Your medical condition(s)
- When your medical condition(s) began
- How your medical condition(s) limit your activities
- Medical test results
- What treatment you’ve received
Covered On This Page
Our team has a five-step process for collecting vehicle accident compensation for victims of car collisions. We’ll investigate your case, open claims with your health insurance provider, collect your medical records and refer you to great doctors, set up annuities and college funds for injured children, and negotiate for the settlement you deserve.
- Medical expenses, past and future
- Disfigurement, loss of limb, permanent scarring
- Lost wages
- Lose love, companionship, and guidance
- Disability costs or live-in care
- Physical pain and emotional suffering
- Lost capacity to earn
BELOW ARE THE STAGES OF DISABILITY APPEALS FOLLOWING A DENIAL OF AN INITIAL CLAIM
The following wait times are approximate.
Reconsideration
Your file will be reviewed by an examiner to determine if the initial or first decision was proper. Only a small percentage of claims are approved at this stage.
*Decisions are usually received in 3 – 4 months of filing this appeal.
Hearing
If your reconsideration is denied, you may request a hearing before a judge.
*The approximate wait time for a hearing is 16 – 18 months.
We will meet to prepare for a hearing with an Administrative Law Judge which is held in a small hearing office that is closed to the public. You will be questioned on your past work experience, disabilities, treatment, medication, and daily activities.
**The judge’s decision is issued by mail and generally arrives within 45 – 60 days.
Appeals Council
If your claim is denied by the Social Security judge, you may be able to go through the appeals council. This involves your Social Security attorney writing to the appeals council and detailing why the judge’s decision was wrong. Your attorney can also submit additional evidence. If the appeals council determines the judge did rule incorrectly, they will remand your claim for a second hearing.
*The approximate wait time for a decision from the appeals council is 12 months.
Federal Court
If the Appeals Council denies the claim, your last option is to appeal the Social Security Administration’s decision in federal court.
If you have been denied Social Security disability benefits, call Warren and Barren County, Kentucky personal injury attorney Flora Templeton Stuart at (888) 782-9090 for a free consultation twenty-four hours a day/seven days a week so we can begin to work for you.
You can learn more about Social Security benefits at www.ssa.gov.
Covered On This Page
Several types of insurance coverage that will pay if you’re injured in an automobile collision:
Personal Injury Protection: The vehicle you are in is the primary coverage for payment of Personal Injury Protection (PIP) in Kentucky. PIP has minimal limits of $10,000 and pays medical expenses, lost income, home care, and even a portion of funeral expenses. Kentucky automobile accident lawyers reserve these benefits so medical bills and lost wages will get paid. PIP is repaid by the party at fault.
Liability: The at-fault driver pays for injuries caused to another through their liability policy, which in Kentucky has a minimum policy of $25,000 per person / $50,000 per accident and a maximum can be in the millions with a commercial insurance policy.
Uninsured Motorist: If the driver at fault did not have insurance you can collect on your uninsured motorist’s coverage on your own insurance policy.
Underinsured Motorist: If the at-fault driver of the vehicle had insurance but not enough or your injuries are greater than that amount you can collect on underinsured motorists. Flora Templeton Stuart will make sure all underinsured policies are uncovered for maximum recovery.
Negligence in car accidents typically involves a driver failing to exercise reasonable care. As Kentucky car crash lawyers, before we can take action against the liable party, we need to prove that their negligence led to the accident. We do this by establishing the following elements of negligence:
Duty of care: The at-fault party had a responsibility to keep you safe by following all traffic laws.
Breach of duty: The at-fault party breached their duty of care, instead acting negligently.
Causation: The at-fault party’s actions or inactions caused you to suffer an accident and injuries.
Damages: You suffered damages, such as pain and suffering and property damage, because of the at-fault party’s negligence.
Our team will gather evidence to prove negligence, including police reports, witness statements, and surveillance footage.
Under the “no-fault” car insurance system in Kentucky, drivers are required to carry a minimum of $10,000 in Personal Injury Protection (PIP) insurance. Regardless of who causes the accident, PIP covers medical expenses and lost wages. However, if you’re in an accident, you can opt out of the no-fault system to pursue auto injury claims against the at-fault driver and possibly receive more vehicle accident compensation.
Statute of Limitations in Kentucky and Tennessee
In vehicle accidents, there is a limited amount of time to sue. In Kentucky, you have two years after the wreck to sue which can be extended with PIP benefits being paid, as per Ky. Rev. Stat. § 304.39-230(6). In Tennessee, you only have one year to file an auto accident lawsuit. Time limits for minors start when they turn 18. The Statute of Limitations for Wrongful Death cases is governed by KRS 413.140.
Frequently Asked Questions
What is Social Security disability?
If you are not able to work due to an injury, illness, or other disability that is likely to last at least 12 months or result in death, the Social Security Administration may provide financial assistance through the Social Security disability (SSD) program.
This is like insurance for workers and is funded by all workers’ Social Security paycheck taxes. In order to receive benefits, applicants must meet certain work history criteria and demonstrate they are not able to perform any type of work for an extended period of time (12 months or longer).
How do I apply for Social Security disability benefits?
The typical application processing time for a disability claim can take three to five months or more, so it is important that you apply for SSD benefits as soon as you are aware that you have a condition that will prevent you from working for 12 months or more.
You can apply for disability by visiting your local Social Security office, calling the Social Security Administration’s toll-free phone number at (800) 772-1213, or online on the social security website.
Before applying, you need to gather all the information you can about your condition including medical records, lab & diagnostic imaging results, and the names/contact information of the physicians who have treated you. You will also need your Social Security Number, proof of your age, your employment history, and your most recent tax return.
Are Social Security disability benefits difficult to obtain?
Receiving SSD benefits can be a long, difficult process often involving turn-downs and appeals. Even though you are not required to retain an attorney for your Social Security disability claim, we highly recommend that you get help with this complex process.
The Social Security Administration strictly defines “disability” and requires medical evidence proving you are not able to perform work of any kind. Just because you can no longer perform your old job does not mean you will win your disability claim.
How do I win my Social Security disability case?
In order to win your SSD case, you must present evidence to the Social Security Administration proving that the physical or mental conditions from which you suffer prevent you from maintaining any type of employment for an extended period of time (12 months or more).
The evidence needed to win your case includes medical records, physician statements, medication information, and other proof that your disability is severe enough to prevent employment. Without good medical records, you will have a difficult time winning your disability case.
Should I file for unemployment while waiting for my SSD benefits?
If you are applying for Social Security disability benefits, you should not apply for unemployment benefits. As part of the unemployment application process, you certify that you are mentally and physically able to work–which is completely opposite of your claims for disability benefits.
In most cases, if you receive unemployment for any time period that you claim to have been disabled, you will likely not receive disability benefits.
How long does it take to receive SSD benefits?
Unfortunately, obtaining Social Security disability benefits can take several months up to a year or more. The process often involves turn-downs and appeals—keeping your case backlogged in the system for months awaiting hearings and decisions.
This means those who desperately need disability benefits often find themselves struggling to make ends meet during this long, tedious process. Keep in mind, if you win your disability case, you should receive past-due benefits.
What happens when I win my Social Security disability case?
When you win your Social Security disability case, you will receive a letter telling you your application is approved, the amount of your monthly benefit, and the effective date. Your monthly benefit is based on your average lifetime earnings.
You then will begin receiving regular payments for your claim. You should also receive past-due benefits. If you have questions, contact Social Security disability lawyer Flora Templeton Stuart.
What happens if I am denied Social Security disability benefits?
If you have been denied Social Security disability benefits, don’t give up. Most disability claims are denied initially. If you have been denied disability, you should immediately retain an experienced disability lawyer to help you file an appeal. There are several points in a disability case where you may need to file an appeal.
If you are denied after filing an initial disability application, you can appeal through a Request for Reconsideration. If the reconsideration is denied, you may request to have a hearing before an administrative law judge who will review the evidence of your disability and issue a judgment. If the judgment is not favorable, you may have additional options to appeal.
You only have a limited amount of time to appeal at each stage of the process. If you miss a deadline, you may need to start your case over again by reapplying for benefits. Contact our disability attorneys for more information on appealing for disability benefits.
How do I obtain medical treatment for my disability if I don’t have insurance?
At the Law Firm of Flora Templeton Stuart, we assist our disabled clients in obtaining medical treatment—even if they don’t have insurance. We help our clients find physicians, community centers, hospitals, and mental health centers so they can obtain the treatment they desperately need and so we can document their conditions and build a strong disability case.
How do I pay for my prescription medications if I don’t have insurance?
We can assist our disabled clients in getting help to purchase prescriptions even if they do not have insurance.
Why do I need a disability lawyer for my case?
The Law Firm of Flora Templeton Stuart works hard to put security back into Social Security disability for our disabled clients. Getting a favorable outcome for your SSD case can be challenging—especially if you are trying to navigate this difficult process on your own.
Our disability lawyers will meet with you personally, help you file the appropriate paperwork, gather medical records and other evidence of your condition, file appeals, prepare you for your disability hearing, and stand up for your rights each step of the way.
We know what it takes to win disability benefits for our clients, and we can help you. If you are disabled and have wrongly been denied Social Security disability benefits, it is important to retain an experienced SSD attorney knowledgeable with Kentucky law.
How do I pay for an attorney in my Social Security disability case?
The Law Firm of Flora Templeton Stuart works on a contingency fee basis. That means we only get paid if you get paid in your SSD case. Federal law mandates that disability lawyers are only paid from your past-due disability benefits.
There are no fees, costs or expenses unless we win your disability case and recover the benefits you deserve. Call Warren and Barren County, Kentucky Social Security disability attorney Flora Templeton Stuart at (888) 782-9090 for a free initial consultation twenty-four hours a day/seven days a week.
