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The Importance Of Having A Lawyer For Your Disability Claim

Tue, 13 May 2025 08:11:00 GMT

If you suffer from a disability that has rendered you unable to work anymore, you will likely need to file a claim with the Social Security Administration for disability benefits. This can be a very scary time in one’s life. How are you going to make the mortgage payments? How are you going to pay for other essentials such as food and utilities? The disability process can be long, at times seem unfair, and, at such a vulnerable time in your life, can be very stressful.

A great number of people who deserve disability benefits have their initial claim for Social Security disability benefits denied. While this is undoubtedly disheartening, it is not a reason to give up on your claim. After receiving a denial on your initial disability claim, it is important to initiate the first level of appeal, which is called the reconsideration stage. At the reconsideration stage, the vast majority of appeals are denied once again. And just like upon being denied at the initial level, you should try not to feel disheartened. After the reconsideration level, you must file a request for a hearing with an Administrative Law Judge. At this stage, you are afforded the right to present evidence and testimony at a hearing held by a Judge.

The whole process can be frustrating and does take a fair amount of time. Currently, it takes about a year from the date you file your initial disability claim to the date you have a hearing in front of a Judge. While not all disability claimants need to appeal their claims, many do. Some disability claims are approved at the initial claim level. Many are not.

No matter what stage in the disability claims process you are at, it is very important to consider hiring an attorney to represent you. A recent government study found that individuals who hired attorneys for their Social Security disability claims were three times more likely to have their case approved than those individuals who did not have a representative!

An experienced attorney understands the legal background of the disability claims process and knows what is most important to do in order to get your disability claim approved. Everyone’s case is different. An experienced attorney can work to understand the unique circumstances of your case and then understand what needs to be done in order to get your disability claim approved.

The process of applying for disability can be scary, frustrating, and confusing. Hiring an experienced attorney to guide you through the process greatly increases your chances of having a successful outcome. At a time in your life when nothing may seem certain, it is very important to do everything you can to ensure you have the greatest chance of having your disability claim approved.

KY Workers’ Comp Temporary Total Disability Benefits Explained

Mon, 03 Jul 2023 12:46:00 GMT

If you have been hurt in a workplace accident and are temporarily unable to return to your job, you should receive temporary total disability benefits. Kentucky statutory law defines temporary total disability as “the condition of an employee who has not reached maximum medical improvement from an injury and has not reached a level of improvement that would permit a return to employment” (KRS 342.0011(11)(a)).

Usually, a physician or a nurse practitioner determines whether an employee is able to return to work following an injury. An “off work” slip from a medical provider often serves as proof that an employee is temporarily totally disabled.

In most cases, income benefits for an employee who is temporarily totally disabled are sixty-six and two-thirds percent (66-2/3%) of the employee’s average weekly wage, but not more than one hundred ten percent (110%) of the state average weekly wage, and not less than twenty percent (20%) of the state average weekly wage as determined in KRS 342.740 during that disability (KRS 342.730(1)(a)). Due to the complexity of this formula, injured workers often find it difficult to determine if they are being paid properly under the employer’s workers’ compensation insurance policy.

An experienced attorney in the field of Kentucky workers’ compensation law can help determine if you are entitled to temporary total disability benefits, and what amount you should receive. Our attorneys have more than fifty years of experience in workers’ compensation law. We look forward to helping you secure the benefits you need to recover from your injuries. Please call 859-219-1280 for a free consultation.

Appealing a Denial of Benefits by the Kentucky Public Pensions Authority

Sat, 11 Jun 2022 19:49:00 GMT

Frequently, the MMRO will recommend a discontinuation of disability benefits. This is often triggered following a review of the file of a disabled member by a medical examiner, who concludes that the member no longer qualifies for disability.

If the Kentucky Public Pensions Authority recommends a termination of your benefits, your attorney can appeal that decision. The appeal can lead to an administrative hearing in which the laws of the Kentucky Revised Statutes, Chapter 13B, apply. Your attorney can help you navigate the appeal and advocate for continued benefits while your appeal is pending. At Clark and Cornett, we have extensive experience helping clients who have had their benefits denied by the Kentucky Public Pensions Authority.

If you have been notified that your disability benefits are to be discontinued by the Kentucky Public Pensions Authority, please call us immediately at (859) 219-1280 , and let us defend your rights.

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First Steps if Injured at Work

Mon, 13 Sep 2021 21:14:00 GMT

Immediately after your injury, it is important both to seek medical care and to report your injury to your employer. When you visit with your doctor, be sure to disclose all of your injuries from the workplace accident. Report any symptoms you are struggling with and then ask your doctor for your work status: can you return to normal duty or not? Your medical records will be important pieces of evidence in your case.

Employers will generally provide you with forms regarding your claim for you to fill out. These forms typically ask you to describe when, where and how you were injured. If you have questions about how to complete these forms, we are here to help.

Employers typically report injury claims to the insurance company that sells them workers’ compensation insurance. Your employer’s insurer will evaluate the claim and then decide whether to pay it. We can help you determine if you are being underpaid by the insurance company.

If your initial worker’s comp claim is denied, don’t become discouraged. A trained attorney is often necessary to help you recover the correct financial and medical benefits. Workers’ compensation law is complicated, and the help of an attorney is often the difference between a successful and unsuccessful claim. The attorneys at Clark and Cornett are committed to partnering with you and fighting for all of benefits which you are entitled to receive. Please call us at (859) 219-1280 .

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Child Personal Injury Conservatorships

Fri, 16 Apr 2021 19:28:38 GMT

We help children with personal injuries recover compensation for their injuries, and we also help protect the funds that they recover. We do this by creating a Conservatorship for the injured minor that is overseen by the Court. Specifically, we ask the Court to appoint someone, usually a parent, to serve as the Conservator for the injured child. The Conservator manages the funds recovered in the personal injury action until the child reaches the age of majority.

Courts frequently require pre-approval of expenditures from the account managed by the Conservator. Payments for the support, care, and education of the child are usually approved. Petitioning for the appointment of a Conservator, attending the hearing, filing the inventory of the funds in the account under the conservancy, and filing motions for the approval of expenditures from the account are tasks that we perform when we have children with personal injuries as clients.

If your child has suffered a personal injury, and you want attorneys who can handle both the personal injury claim and the Conservatorship, please give us a call.

This material is intended as an overview. It is not legal advice and is not meant to supplant the actual statutes or regulations. Further information may be obtained by contacting Clark and Cornett at (859) 219-1280 .

What You Need to Know About Scissor Lift Injuries

Fri, 18 May 2018 19:31:10 GMT

Many manufacturing, construction, retail, and entertainment industries rely on scissor lifts to raise and move workers to different areas during a construction job or other project. When scissor lifts are stationary and extended, they pose hazards similar to scaffolding. Prompted by ten fatalities and over twenty injuries in the span of one year, the Occupational Safety and Health Administration conducted an investigation and found that the injuries and deaths most frequently occurred due to safety failures by the employer.

Even with proper training, maintenance and use, some scissor lifts can collapse due to manufacturing defects. At Clark and Cornett, we have extensive experience investigating and litigating claims against manufacturers of deficient scissor lifts.

Employers are responsible for providing workers with instructions on how to work safely on, with and near scissor lifts. Workers must be told how to handle supplies while on a scissor lift. They should also be trained in how to respond to hazards that they encounter around the worksite, such as electrical wires. Workers also should be taught how to report equipment defects and how to make maintenance requests.

To avoid scissor lift injuries from falling, there must be guardrails installed on the machine. To ensure stabilization, guidelines for safe movement must be provided. Safety systems to prevent the lift from collapsing need to be maintained and not bypassed.

Workers are entitled to worker conditions that do not pose the threat of serious harm. They have the right to receive training and information regarding workplace dangers, how to prevent them, and applicable OSHA standards.

At Clark and Cornett, we focus our practice on workplace injuries, including workers’ compensation injuries from scissor lift accidents. We also have extensive litigation experience regarding scissor lift defects from improper design and improper manufacturing.

Collectively, our attorneys have over 80 years of experience in fighting for the rights of our clients. We listen to the needs of each client and strive to achieve the resolution they desire. We are located in Lexington, KY and proudly serve Central and Eastern Kentucky. Due to our focused experience with scissor lift injuries, we also help law firms in other jurisdictions with these cases. Call us today at (859) 219-1280 to discuss your legal options.