Edwards & Kautz
Protecting your rights in western Kentucky

July 2015 Archives

Do I Need to See a Doctor After My Auto Accident? I Feel Fine.

If you are severely injured in an auto accident, then calling 911 is a matter of course. But if you were in a minor accident, you may question the necessity of seeing a doctor after an auto accident in Kentucky. It may seem to save you time and energy to avoid the doctor after an auto accident, but doing so could jeopardize your chances of receiving the right medical attention, as well as your chances of being fully compensated for physical and psychological damages. Hidden Injuries Often, people go into shock after a car wreck, causing you to feel no pain and assume you are fine. Shock masks injuries that can present themselves days--or even weeks--after a car wreck. The most common injuries resulting from car accidents are:

What all do I need to do to have a potentially-successful Social Security Disability case?

To have a potentially-successful Social Security Disability case, a two-part test generally must be satisfied: (1) proof of a disability--be it physical, mental, or both--that prevents you from working and (2) objective, medical proof that you are getting treatment from treatment providers (for example, doctors, psychiatrists, psychologists, therapists, etc.) for the disability, but the treatment is not curing you. When you appear before an Administrative Law Judge (ALJ) for your Social Security Disability hearing, it will literally be your "day in Court" to explain to the ALJ why you are disabled and why that keeps you from working. You may, of course, have more than one disability; for instance, back problems that prevent you from being able to sit, stand, or walk (that is a physical condition) and the accompanying depression you feel because you are not able to work anymore due to your back pain (that would be a mental condition). While your testimony is very, very important, the ALJ must have medical proof that you have actually been seeing treatment providers for your conditions. Similarly, you must continue to get treatment while waiting on your disability hearing before the ALJ. You could have the strongest disability case that the Social Security Administration has ever encountered and be in constant pain but if there is not medical documentation to back up and reinforce your testimony at the hearing, the changes of success are not very good. There is no guarantee that an ALJ will award your application for Social Security Disability benefits. However, proof of treatment will greatly increase your chances of a successful case!

5 Steps to Take After A DUI Charge in Kentucky

If you are charged with driving under the influence (DUI), knowing what steps to follow afterwards can help ensure that your case processes smoothly. In 2014, 24,764 DUI convictions were made in the state of Kentucky. Knowing the steps to take after a DUI in Kentucky, and what the legal process entails, may help you to reduce the negative consequences of a DUI, mitigate possible damages from a conviction. 

How long does the process take from start to finish of my Social Security Disability claim?

It varies, as no two cases are alike. Typically, the time between the Social Security Administration's (SSA) acknowledgement of an applicant's (that's you) request for a disability hearing and when the hearing is actually held before an Administrative Law Judge (ALJ) is twelve to 18 months. So, what happens during that year to year-and-a-half period? Initially, we sign you up as a client and get to know you. Once we are working together, Edwards & Kautz, PLLC will handle almost everything for you. Your responsibility is to keep getting treatment and to let us know us if you get any new treatment providers (those are doctors, psychiatrists, psychologists, mental therapists, physical therapists, chiropractors, etc.). Our job is to see that your records are collected and sent off to the SSA for the ALJ to review before your hearing. We recognize that this can be a long process. Please keep in mind that the SSA controls when your date for a disability hearing is scheduled. Since records need to be collected and reviewed and so as not to rush the process, it is helpful to have plenty of time to prepare for your hearing. Next, the SSA sets a date for your hearing. We will sit down together to prepare well before your hearing date. Everything will be addressed at our meeting, including how to get to the hearing building itself; what time to be there; how to dress; what kind of questions to expect during the hearing; what to expect from the ALJ, any experts, and me during the hearing; and what happens after the hearing. Since we work together for so long, it is a great feeling to see it all come together during the hearing. Finally, after the hearing the ALJ will take your case under advisement and decide to afford disability benefits or not. This can take a few more months; however, since every case is different, there is not set timeframe for getting the ALJ's decision. If benefits are awarded to you, great! If not, we will discuss the next course of action. Edwards & Kautz, PLLC hopes this helps!

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Edwards & Kautz

Edwards & Kautz
222 Walter Jetton Blvd
Paducah, KY 42003

Phone: 270-908-4914
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