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Bardstown Kentucky Workers' Compensation Law Blog

Seeking Social Security Disability for chronic migraines

There are headaches, and then there are migraines. Those who have the occasional migraine know that it typically means a day in bed with the blinds drawn and the house silent. However, you have more than the occasional migraine, and it interferes with the most basic elements of your life.

Like many chronic migraine suffers, you may experience the debilitating pain and other symptoms as often as 15 times a month. This likely means calling out sick from work or being unable to efficiently perform on the job. If you have considered the possibility of seeking Social Security Disability Income because of your migraines, you may already know that obtaining approval for a condition that is largely self-reported may prove difficult. Documentation is essential.

What if my disability is not in the Blue Book?

When you are applying for Social Security Disability benefits, you will need to comply with the Social Security Administration's (SSA) guidelines for what types of illnesses are deemed eligible for support.

There is a comprehensive listing of impairments that have been compiled by the SSA, and it is commonly referred to as the Blue Book. This is a very detailed and complex guide that explains all the criteria that you must satisfy and the symptoms that you need to be suffering in order to qualify for disability benefits.

Applying for Social Security due to blindness

If you can be classified as legally blind, then you will be qualified for disability benefits. However, if you are trying to pursue benefits under the Social Security Administration (SSA), you may have to provide other information in order to be eligible.

There are SSA guidelines in place that need to be met in order for a person to qualify for his or her benefits. Only applicants that have a severe impairment relating to their vision will be considered; therefore, being legally blind is not enough on its own..

Repetitive stress and your workers’ compensation rights

As a worker, you are always at a risk for developing conditions, illnesses and injuries as part of your work. When your working conditions degrade you to the point of suffering pain or not being able to work as a result, it is likely that you have a right to workers' compensation as a result.

Many workers are worried about asking for workers' compensation, since they fear that the cost may lead them to run the risk of retaliation from their employer. But as an injured employee, it is important to remember that you have the legal right to request workers' compensation without running the risk of retaliation.

Has my employer violated their legal requirements?

As your employer, the business that you work for must comply with a host of legal requirements relating the working environment and your rights. When they violate one of these obligations, the seriousness of their violation depends on how knowledgeable they were of their violation and what they tried to do to prevent it.

These parts of the judgement criteria will be discussed with the violator after an Occupational Safety and Health Administration (OSHA) inspection has taken place in the working environment. The employer will be notified of any violations present and will be given an opportunity to correct these within certain time frames.

Thousands die waiting for Social Security decisions

You may have heard that the process of getting Social Security disability payments can be long. You may have heard that it's complex.

To really understand how long it can take, you should know that thousands of people pass away every year before a ruling has even been made. Not only do they not get the payments they requested, but they're just waiting to find out if they've been approved when they pass away.

Are you eligible for SSDI or SSI?

If you are unable to work because of a medical condition, it is a direct threat to your well-being and the financial security of your Kentucky family. It is frustrating and overwhelming to find yourself in a place in which you cannot support yourself, but there could be options available to you. You may be eligible for benefits through the Social Security Administration. 

There are two types of benefits available through the SSA: Social Security Disability Insurance and Supplemental Security Income. The type for which you may be eligible depends on the details of your individual case, such as your financial situation and your work history. Before you apply, it can be helpful to understand more about eligibility requirements for both SSDI and SSI.

How to prove your disability

Being defined as suffering from a disability is a very broad term. It can mean that you are either physically or mentally impaired to the point that you are unable to carry out some essential daily activities. If you are struggling to work because of your disability, it is likely that you will want to make a claim for Supplemental Security Income (SSI). However, in order to do this successfully, you will have to be able to prove your disability.

The Social Security Administration (SSA) keeps a full list of recognized disabilities that are regarded as being eligible for SSI benefits. These include senses and speech issues, heart and cardiovascular conditions, immune disorders, blood disorders and musculoskeletal problems.

What is a permanent and stationary report?

You were injured on the job. At first, you hoped to make a full recovery, but, as time goes by, it becomes clear that it's not going to happen. Your body isn't fully healing and you still have serious physical challenges.

A permanent and stationary report, typically called a P&S report, is written out by your primary treating physician. It is typically created at the point when your condition has stabilized. You're not going to decline, in your doctor's opinion, but you may not ever get better. You have achieved maximal medical improvement, known as MMI, even though you're not back to the level of health you enjoyed before the injury.

Conveyor accident claims worker's life, injures another

Just a couple of days after Christmas, a 52-year-old Louisville Metro Public Works (LMPW) employee lost his life in a workplace accident. Another Public Works employee was injured in the incident; however, he is expected to recover.

The accident happened at the Louisville Metro Public Works Road Maintenance Division West District on Dec. 27, at about 11:25 a.m. The man was working with two others. They were loading salt onto a conveyor, which would carry it to a dome. He got caught in the machinery.

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