Caslin, Cecil & Holtrey - Practice Areas

Were you denied Social Security Disability (SSD) benefits?

Do you have a problem with ERISA-covered employee benefits, military benefits or private disability plans?

When you have been denied the coverage you should have under the law, you need a disability law attorney to sort out the facts and fight for your rights – a disability law attorney from Caslin, Cecil & Holtrey.

Disability FAQ

Q: Can I get both Kentucky worker's compensation and Social Security disability benefits? Can I get Long Term Disability (LTD) and Social Security disability benefits?

A: There can be an offset, which reduces Social Security disability benefits because of worker's compensation benefits paid, but in virtually all cases, there is still some Social Security disability benefits to be paid.

There is often an offset in your LTD policy, but often there is a minimum payment from the LTD policy.

Caslin, Cecil & Holtrey can help you determine what your combined benefits should be.

Q: Can I file for Social Security disability while I am on sick leave or do I have to wait until the sick leave is exhausted?

A: No, you do not have to wait until the sick leave is exhausted. You should file for Social Security disability benefits now, if you or your doctors believe that you will be out of work for a year or more. Caslin, Cecil & Holtrey can help you determine what your options are.

Q: How do I apply for Social Security disability benefits?

A: You can file a Social Security disability claim by going to the nearest Social Security office in person and wait (often for a few hours) to see someone to file the claim in person. In the alternative, a person may start an application online at http://www.ssa.gov/ or contact Social Security by telephone at 1-800-772-1213 and arrange for a telephone interview to file the claim. Please call Caslin, Cecil & Holtrey if you are having problems applying.

Q: I got hurt in an automobile accident. I am disabled now, but I expect that I will return to work after I recover. Should I file for Social Security disability benefits?

A:You should file for Social Security disability benefits, if you expect to be out of work for a year or more on account of illness or injury. Caslin, Cecil & Holtrey can help you determine what your options are.

Q: How far back will they pay benefits if I am found disabled?

For Disability Insurance Benefits the benefits cannot begin until five months have passed after the person becomes disabled. In addition, benefits cannot be paid more than one year prior to the date of the claim. For a Disabled Adult Child, there is no five-month waiting period before benefits begin, but benefits cannot be paid more than six months prior to the date of the claim. SSI benefits cannot be paid prior to the start of the month following the date of the claim. Caslin, Cecil & Holtrey can help you determine whether you are being paid from the correct date.

Q: My doctor says I am disabled so why is Social Security denying my Social Security disability claim?

Social Security's position is that it is not up to your doctor to determine whether or not you are disabled. It is up to them and they will make their own decision regardless of what your doctor thinks. Caslin, Cecil & Holtrey can help you gather the evidence needed to prove your disability.

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