Episode 92: Calloway County social security disability attorney Jeff Roberts has handled disability claims for over 30 years throughout Western Kentucky. In this episode, he provides an overview of the social security disability programs (SSDI and SSI), as well as related topics.
The Difference Between the Two Social Security Disability Programs
While there are two different disability programs available from the Social Security Administration (SSA), the determinations are the same. If you’re disabled for one program, you’re considered disabled for the other. However, the non-disability requirements are different.
Supplemental Security Income (SSI) is paid, based on financial need. The Administration will evaluate your financial resources, including various types of property, to see if you fall below the limit. If the answer is yes, you may be able to received SSI benefits, including Medicaid.
SSI benefits are not based on your work history. You don’t need to have worked to qualify for these benefits. It’s important to note that the financial resources are based on the entire household, not just the individual who is applying for disability benefits.
Disabled children can receive SSI benefits. This includes eligibility for Medicaid coverage.
Social Security Disability Insurance (SSDI) is paid out based on what you’ve paid into the system, during your career. These payments were your FICA taxes deducted from your paycheck.
SSDI benefits are not based on your current financial need (individually or household). Your financial resources do not play a role in your ability to qualify for these disability benefits. To qualify you must be found to be disabled and you must have paid into the system over a minimum number or quarters.
You must meet the insured status requirement must be eligible for SSDI. This is based on how much you paid into the system and that you paid during the right period of time. Jeff gives an example of someone who worked for 20 years, then stopped worked for 10 years not due to health reasons. If you then become disabled, you probably have lost the eligibility for social security disability insurance benefits. That gap in employment may have taken you outside of the insured status requirement. That status requirement is normally about 5 years after you stop working.
NOTE: Neither of these programs has anything to do with social security retirement benefits. That third program is entirely unrelated the SSI and SSDI.
The Process of Applying for Social Security Disability
An individual can apply for disability benefits without the assistance of an attorney. However, a large majority of initial applications are usually denied by the Department of Disability Services (DDS). Once that denial is received, you can file a request for reconsideration. You may want to have an experienced social security disability attorney work with you to submit this request.
The DDS and their doctors will reevaluate your request for benefits. Jeff explains that according to statistics, this second request will probably be denied, as well.
Jeff does help people with significant mental health issues or intellectual issues. If this person does not have a family member or friend to help them with the application, Jeff will assist them to file their initial application.
In Episode 76, Jeff discussed the Listing of Impairments used by the Social Security Administration to expedite the award of disability benefits. This listing describes various medical conditions with specific complications that would automatically qualify for disability benefits. For instance, someone who has chronic kidney disease and is on dialysis. Terminal cancer that is expected to result in death within 12-months is another example.
Another way to qualify for social security disability benefits is to prove that due to your age, education and restrictions related to your condition, you could not return to work. For example, a 60-year-old individual with only a high school education who has only done manual labor would not be able to easily adapt to a desk job. If they have been limited to this type of work, according to the medical evaluation, the Social Security Administration would most-likely approve this person’s disability application. Your attorney would work to establish these facts on your behalf.
In Episode 84, Jeff explained a recent change to the Look-Back Period, which is related to your work history. The social security judge handling your case can now look back over the previous 5 years. This is to identify a possible job or type of work you could take on, given your work experience and your current limitations. Prior to this recent change, the Look-Back Period was 15 years. This could make it easier for individuals to qualify for benefits.
In Episode 67, Jeff provided information about social security disability form 3369, which is the form used to list your work history. This will be part of your disability application.
Request for Hearing in front of an Administrative Law Judge
Assuming your request for reconsideration does not result in an award of benefits (this would be your 2nd denial), you can request a hearing in front of the judge. This is where most cases are eventually granted, based on the specifics of that individual’s situation.
How Long Does the Process Take?
When applying for social security disability benefits, Jeff explains that it takes roughly 3-4 months after the first application to get an initial decision. It’s about the same for the request for reconsideration process (another 3-4 months). Currently, Jeff is experiencing about another 8 months to get your hearing in front of the administrative law judge. The timing for each of these stages can widely vary, based on a number of factors.
Jeff is licensed to handle social security cases in all 50 states, because it’s a federal program. A case being decided in Paducah hearing office may move more quickly than the same case filed in Nashville.
The hearing in front of the administrative law judge might only last for 45-minutes to an hour. It’s extremely evidence-based. There might be a couple of witnesses and a vocational expert involved. Therefore, the extensive medical records and other information have been collected and submitted to the court.
Interestingly, the review performed at the request for reconsideration stage and at the hearing is considered, “de novo.” The previous determination(s) have no impact on the current review/hearing.
Can I Appeal the Judge’s Decision?
Yes, if the judge denies your application for social security disability benefits, you can appeal to an Appeals Council and then to the Federal District Court. In either of these venues, they are specifically trying to determine if the judge did something wrong in deciding to deny your claim.
Does the Client Have to Pay the Attorney before the Claim Is Submitted?
Jeff explains that he handles social security disability claims on a contingency fee basis. He discussed contingency fees in Episode 56. Jeff only gets paid his attorney fee if he’s successful in your case. If he does not win your case, you don’t have to pay the fee. The litigation expenses, filing fees, court costs and other expenses are paid only if the case is won.
There are many factors that go into an attorney’s decision to take on your case. Jeff firmly believes there are advantages physically, mentally and financially if you are able to continue working. However, that’s not always the situation. The age of the person who wants to file for disability is also important. There is a difference in how the Administration views a claimant who is 40-50 years old compared to one who is 55 or 60 years old.
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
We hope you found this episode insightful and helpful. Thank you for listening!
Is It Time to Speak with an Attorney about Your Social Security Disability Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
