Disability Lawyers Louisville, KY

Disability Lawyers Louisville, KY

Doug Mann

Last updated on January 30th, 2025

Louisville, KY, residents are hardworking citizens known for their strong sense of independence and self-sufficiency. So, when an injury or illness puts them out of work for a long time, they might not realize they can receive benefits from the Social Security Administration (SSA).

Besides retirement benefits, Social Security supports workers who cannot work due to disability or illness. You make contributions while earning, which gives you a right to receive benefits in case of a disability.

When you’re disabled and your future is at stake, you need an attorney who can pursue fair benefits for you. Consult a trusted disability attorney in Louisville, KY, to learn how to obtain Social Security disability benefits. The team at Dyer, Garofalo, Mann & Schultz is ready to help.

Which Type of Benefits Can I Apply for?

There are two types of disability benefits available through the SSA, including:

• Social Security Disability Insurance (SSDI)
• Supplemental Security Income (SSI)

Social Security Disability Insurance (SSDI) 

Social Security Disability Insurance provides monthly payments to workers who cannot work due to a significant illness or impairment expected to last at least a year or a terminal condition.

The benefits are based on the past earnings of the disabled worker and their dependent family members. To become eligible, disabled workers must have worked and paid into Social Security.

Here’s how to qualify for SSDI:

• The SSDI program pays monthly benefits to a disabled person and specific family members if the disabled person is ‘’insured,’’ meaning they’ve worked long enough— and recently enough—and paid Social Security taxes on those earnings.
• The amount of work credits required to qualify for disability benefits depends on the age at which the disability begins. Usually, you need 40 credits, 20 of which are earned in the last 10 years, ending with the year disability begins. Even so, younger workers may qualify with fewer credits.

Certain members of your family may qualify for benefits depending on your work history, including:

• Your spouse, if they are 62 years or older
• Your spouse at any age if they are caring for your child who is younger than 16 or disabled
• Your unmarried child, including adopted and, in some instances, a stepchild or grandchild. The child must be younger than 18 or younger than 19 if in high school.
• Your unmarried child, 18 years or older, if they have a disability that started before 22. The child’s disability must also meet the criteria for disability in adults.

Supplemental Security Income (SSI)

Supplemental Security Income (SSI) is not based on work credits. This program provides monthly payments to people whose income or resources fall below specific financial limits. 

They must also meet one of the following criteria:

• 65 years or older,
• They are blind, or
• They have a medical condition that prevents them from working and is expected to last one year or result in death.

There are different rules for disabled children to qualify for SSI.

Unlike SSDI, SSI does not require a work history. It provides finances to cover basics like food, clothing, and housing. You should speak with an attorney to determine your eligibility for SSI. 

What Conditions Qualify for SSD?

If you have a disability that hinders your ability to work, you may be eligible for Social Security Disability Insurance. 

You must then demonstrate the following facts to the SSA:

• Your disability prevents you from working your usual job
• Your disability stops you from getting a different type of job
• The disability will last one year or longer or eventually cause death

Instead of the above requirements, you can establish eligibility for disability benefits by demonstrating you suffer an illness in the Social Security Blue Book.

The Social Security Administration has a Blue Book with a list of impairments or medical conditions that they consider severe enough to cause disability and prevent you from working. 

Here are the typical illnesses in the SSA blue book:

• Sense and speech impairments, including vision and hearing loss
• Cardiovascular illnesses, including heart failure, hypertension, angina, abnormal heart rhythm, and coronary artery disease
• Respiratory conditions, including cystic fibrosis, asthma, or pulmonary hypertension
• Skin conditions including burns, dermatitis, bullous disease, skin cancer, and photosensitivity disorders
• Digestive tract disorders, including short bowel syndrome, chronic liver disease, inflammatory bowel disease, and kidney failure
• Mental health conditions, including depression, anxiety, post-traumatic stress disorder, and autism
• Neurological disorders such as epilepsy, Parkinson’s disease, and chronic fatigue syndrome

You can miss your medical impairment listed in the SSA Blue Book. To be eligible, you must prove that your condition meets the definition of disability with similar severity as those listed.

Does My Age Affect My Claim?

The Social Security Administration considers various aspects when allocating benefits, but age often plays an important role. Applicants who are 50 years of age or older are more likely to be approved than younger individuals.

The SSA recognizes that age plays a crucial role in an individual’s ability to work. It may be too late for an elderly person to return to school and train for a new position, and they are also at a disadvantage in mastering new skills.

Older applicants may also face age-related discrimination in the workforce. 

How Can I Increase My Chances to Get Disability Payments?

In addition to the complexities of an SSDI application, the SSA might reject your request. Many applications are initially denied. Here are a few ways to increase your chances of success:

• Adhere to Your Doctor’s Instructions: Attend all doctor’s appointments and follow the treatment plan. Failure to adhere to your treatment plan makes it difficult to prove the extent of your disability. You’ll also need complete medical records to prove the disabling nature of your medical condition.
• Check on the Completeness of the Disability Application: Double-check your disability application before submitting. Provide answers to all the questions in the application. The more answers you complete, the higher your chances of approval in the disability claim.
• Be Honest and Thorough: Provide sufficient and honest details of how the disability affects your ability to work. 
• Hire an Experienced Social Security Disability Attorney: Although working with an attorney is not a requirement, it increases your chances of success. An attorney will provide legal support during the application and appeal process.

Main Reasons Why a Disability Claim May Be Denied

The SSA rejects at least 70 percent of initial applications for disability claims. Understanding common reasons for denial can inform your and your attorney’s approach when initiating a Social Security disability application.

Here are some of the common reasons for denials.

Your Level of Income

Under SSA eligibility rules, you cannot receive disability benefits if you exceed the prescribed income limit. If your income is above a specific limit, the SSA considers you engaging in Substantial Gainful Activity (SGA).

Any earning levels within or above the SGA mean you can engage in significant mental or physical activities that are inconsistent with the characteristics of a disability.

The 2024 SGA wage index amounts are as follows:

• If the earnings average for non-blind people is $1,550, they are eligible for SSDI benefits.
• Statutory Blind Individuals: The monthly SGA for blind people is $2,590. This SGA doesn’t apply to Supplemental Security Income benefits.

Part-time earnings may also qualify for SGA. So, irrespective of your nature of work, whether part-time or full-time, if your average is above the SGA limits, SSA may find you ineligible.

Failure to Follow Doctor’s Orders

SSA may decline to approve disability benefits if you don’t follow prescribed medical treatment for your condition. SSA may approve your application based on the following medical and non-medical exceptions:

• You didn’t adhere to prescribed medication as it contradicts your religious beliefs.
• The doctor didn’t prescribe an appropriate or effective treatment.
• You can’t afford the treatment plan.
• You can’t adhere to doctor’s appointments or follow orders, including taking medications due to symptoms of your mental impairments.

The SSA Fails to Contact You

The SSA may deny your application if they can’t reach you. The board may contact you to request evidence or schedule a consultative examination. Applicants must keep open lines of communication to facilitate contact with the SSA.

People facing homelessness may find it challenging to maintain contact with the SSA. Those whose status affects their communication with the SSA should seek support from national advocates or the Department of Social Services.

A Disability Connected With a Criminal Conviction

You may not be eligible for disability benefits if:

• You became impaired while committing a felony.
• Your medical impairment occurred while in prison for a felony.

The SSA will stop or suspend your benefits under the following circumstances:

• If you’re jailed for 30 days or more, however, the benefits may be released the following month after your release.
• If your incarceration lasts 12 months or more, the SSA may terminate your benefits and request you to reapply.

When the Duration of Your Disability is in Question

The SSA may reject your application if there is no evidence to prove your impairment will last long enough to keep you out of work or result in death. 

The SSA applies a 12-month duration requirement, meaning you have a condition or impairment that has lasted or is expected to last at least one year. If you don’t meet the duration requirement, you’re not disabled under SSA rules.

Appealing an SSDI Denial

If you disagree with the Social Security decision, follow the due process to request change.

There are four opportunities to appeal an SSA decision. However, you don’t have to go through all levels of appeal.

Here are the steps involved  in the appeal process:

• Ask the SSA to reconsider the decision.
• Request a hearing with an Administrative Law Judge if unsatisfied with the above decision.
• You can request a review with the appeals council if you disagree with the judge’s decision.
• File a lawsuit with the federal district court if unsatisfied with the response from the appeals council.

Why Hiring a Kentucky Social Security Disability Lawyer? 

A Social Security disability lawyer can support you as you assemble the first disability claim. Your chances of success depend on an in-depth knowledge of Social Security Administration rules and regulations.

An attorney will, therefore, provide legal guidance on suitable steps during the claim.

Additional benefits of working with an attorney include:

• No upfront costs
• Compile supporting evidence
• Give you peace of mind during the application and appeal process
• Representation during hearings

Get in Touch With Experienced Disability Lawyers in Louisville, KY

The SSA has complex rules and procedures, so most applications are initially rejected. However, you can enhance the outlook of your case by working with an experienced disability attorney.

Dyer, Garofalo, Mann & Schultz is a team of highly skilled attorneys with decades of experience representing disabled clients. Contact us online or at 1.937.222.2222 for a free case evaluation.

Other Locations We Serve:

• Social Security disability lawyer in Indiana
• Social Security disability lawyer in Cincinnati
• Disability lawyer in Wilmington
• Social Security disability attorney in Greenville
• Social Security disability lawyer in Columbus