File An Appeal Quickly
An initial denial of SSDI benefits should not be taken as a final answer. In fact, denials are routine enough that applicants should be prepared to file at least one appeal. The Social Security program offers multiple rounds of appeals. Should those fail, an SSDI applicant can take the program to court.
Appeals can stretch over six months or longer. At each step, responding quickly to requests for additional information is essential. An Ohio Social Security disability attorney can offer essential advice and representation throughout the appeals process, especially during hearings.
Long-term disability lawyers in the Columbus offices of Agee Clymer Mitchell & Portman are available to help with all stages of the SSDI application and appeals process. We offer free consultations to potential clients, and we take appointments online. You can also call us at 221-3318 or 678-3318.
If You Do Not Qualify Financially For Income Support
If your caseworker tells you that you do not qualify financially for Income Support, you can ask to have the decision reviewed. This is first step in the appeal process and is called an Internal Review.
While the review takes place, you may continue with part two of the application process : looking at your disability status.
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Who Qualifies For Disability In Ohio
According to the Social Security Administration, more than 10 million Americans received Social Security disability benefits in 2013, the most recent year for which data are available.
Disabled workers make up almost 90% of SSD cases. The balance is made up of disabled adult children and disabled widows and widowers. About 5.4% of the population of Ohio receives Social Security disability benefits.
However, its much more common for middle-aged people to qualify for disability benefits than young or elderly people about 50% of benefits go to people between the ages of 55 and 64. The most common reason workers claim disability benefits is an injury to the musculoskeletal system or connective tissue that accounts for more than 60% of the claims by men and almost 60% of claims by women.
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Disability Requirements For Adults And Children
Adults in Ohio must meet specific medical and non-medical requirements to receive a Social Security Disability Insurance benefits award or a Supplemental Security Income disability award. A disability claims examiner will be assigned to your case to determine if you meet the medical requirements. Examiners and judges both use a five-step disability evaluation system to see if your condition meets the SSAs specific definition of disability.
For both SSD and SSI, the non-medical requirements are:
- The claimant must not be working and must not be earning substantial gainful income .
- The claimant can be working and still file and receive disability benefits as long as his or her gross monthly income is below the SGA limit. This amount changes with inflation, but as of 2019, claimants would not be eligible if their gross monthly income was $1,220.00.
If you are applying for a child , you will need to complete a Child Disability Report and an Application for Supplemental Security Income. Right now, you can complete the CDR only online and must complete the rest of the process by phone or in person.
To apply for a child, you should:
Temporary Disability In Ohio
Short-term disability insurance in Ohio replaces a portion of income when a covered medical condition caused by a non-occupational incident prevents you from working.
Ohio does not have a program addressing temporary disabilities for people working in the private sector. Only state employees enjoy this benefit. The taxpayers who fund the premiums are on their own.
Therefore, each individual must take steps to buy a private policy before becoming sick, hurt, or pregnant. Otherwise, you do not qualify to apply for benefits.
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What Can I Expect While My Claim Is Pending
Once a claim for disability is filed, regardless of whether you have hired an attorney or not, there are certain things you can expect while awaiting the outcome of your claim.
First, there will be lots of paperwork. In order to determine if you are disabled, Social Security needs certain information that the claimant, and the claimant only, is in the best position to provide. This includes information about your past work where you worked, how long you worked there, and, most importantly, what you did in those jobs information about the pain you experience where it is, how bad it is, what makes it better, what makes it worse, etc. and what you can and cannot do because of your conditions. Further, with every appeal, Social Security requires updated information regarding your condition and treatment status, as well as any updates on your work if you have returned to work .
Second, Social Security has the request a consultative exam with a doctor of their choosing. This often happens when there is no recent medical treatment or there are conditions which are alleged on the disability application but for which a claimant is not receiving treatment. These include exams on both physical health conditions and mental health conditions.
What Will My Ssi Payments Be In Ohio
For the year 2019, the SSI payment from the federal government may be as high as $771 per month . You may also be eligible for the SSI supplement paid for by the state of Ohio, depending on your living situation. Here are the supplement amounts.
To learn more, you can visit the Ohio Department of Aging or the Department of Job and Family Services websites. However, the SSA administers the Ohio State supplement, so you don’t have to apply for it separately.
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An Opinion Of Your Residual Functional Capacity
Even if you suffer from many serious health conditions, the SSA likely will discard a letter from your doctor that simply states you are “disabled” or “cannot work.” This is because the role of determining disability lies solely with the SSA.
Instead, you should have your doctor discuss how long you can perform exertional activities such as standing, walking, and sitting in an eight-hour workday. Another important strength requirement is the amount of weight you can carry and lift during the day.
The SSA will use your exertional capabilities and limitations, as reported by your doctor, to determine your “residual functional capacity” , as part of its five-step disability determination. Your RFC is your ability to perform various work tasks on a regular basis.
Your RFC will also be based on nonexertional activities, activities that don’t involve strength. Your doctor should include in your medical source statement whether you have limitations in any of the following areas.
- using your hands for reaching, grasping, or fingering items
- postural activities, including bending, stooping, and climbing stairs
- interacting with the public and coworkers, and
- concentrate on work tasks and following directions.
Qualifying For Ssi And Ssdi
The Social Security Administration operates two disability programs including Supplemental Security Income and Social Security Disability Insurance . Each of these programs has its own criteria that an applicant must meet in order to qualify.
To qualify for SSDI benefits, an applicant must have earned enough work credits through prior work history. As of 2014, for every $1,200 earned, a worker earns one work credits and can earn a total of four work credits each year. The number of credits needed to qualify for SSDI benefits will vary depending on your age.
Unlike SSDI benefits, an applicant does not need any work history or work credits to qualify for SSI benefits. Instead, SSI is a needs-based program. Benefit eligibility is based on household income and assets. As of 2014, an individual cannot have a household income of more than $721 per month as an individual or $1,082 per month as a couple or household assets exceeding $2,000 as an individual or $3,000 for a couple in order to qualify for SSI benefits.
For both SSDI and SSI benefits, an individual must meet the medical criteria set forth by the SSA to qualify.
For more information on the disability programs visit:
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Meeting The Medical Criteria For Social Security Disability With Heart Failure
When applying for Social Security Disability benefits, the SSA will compare your condition to a listing of conditions known as the Blue Book. Each condition that could potentially qualify an individual for disability benefits is listed in this Blue Book, along with the criteria that must be met to qualify with each specific condition.
Chronic heart failure is addressed in Section 4.02 of the Blue Book. According to the Blue Book, in order to qualify for Social Security Disability benefits due to heart failure, you must be able to prove that:
- You have been diagnosed with chronic heart failure while undergoing prescribed treatment and
- There is medically documented evidence of systolic failure with left ventricular end diastolic dimensions greater than 6.0 cm or ejection fraction of 30 percent or less during a period of stability or diastolic failure with left ventricular posterior wall plus septal thickness totaling 2.5 cm or greater on imaging with an enlarged left atrium greater than or equal to 4.5 cm with normal or elevated ejection fraction during a period of stability and
- Persistent symptoms of heart failure are present that seriously limit the ability to independently initiate, sustain, or complete activities of daily living or there are three or more separate documented episodes of acute congestive heart failure within a 12-month period or you suffer an inability to perform on an exercise tolerance test at a workload equivalent to 5METs or less.
What Do I Need To Know About Advance Designation
You should be aware of another type of representation called Advance Designation. This relates to the Strengthening Protections for Social Security Beneficiaries Act of 2018, which was signed into law on April 13, 2018.
Advance Designation allows capable adult and emancipated minor applicants and beneficiaries of Social Security, Supplemental Security Income, and Special Veterans Benefits to choose one or more individuals to serve as their representative payee in the future, if the need arises.
To help protect whats important to you, we now offer the option to choose a representative payee in advance. In the event that you can no longer make your own decisions, you and your family will have peace of mind knowing you already chose someone you trust to manage your benefits. If you need a representative payee to assist with the management of your benefits, we will first consider your advance designees, but we must still fully evaluate them and determine their suitability at that time.
You can submit your advance designation request when you apply for benefits or after you are already receiving benefits. You may do so through your personal account, by telephone, or in person.
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How Can I Apply For Disability In Ohio
The SSA provides three different ways to apply for disability. Your options depend on whether you are applying for SSI or SSDI.
You can apply online. If you are applying for SSDI, the SSA gives you the option of applying online at www.ssa.gov/pgm/disability.htm. To begin the online application you will need to provide your Social Security number and basic personal information such as your address and phone number, information about marriages, other names you have used, and your work history. You will also need to provide the names and contact information for your doctors.
You can apply in person at your local field office. The SSA also gives you the option to apply in person at your local field office. This option is for both SSI and SSDI applicants. You can find your local field office by visiting the SSAs website and entering your zip code in the locator. Make sure you call the SSA ahead of time to see if you need to make an appointment.
You can apply by telephone. You also have the option of applying by phone. This is available to both SSI and SSDI applicants. Call 800-772-1213 to apply by phone.
Social Security Disability Alvada Ohio
US working adults have a risk of about one in three of becoming at least partially disabled due to injury and illness. This probability assumption applies to the rest of your working life. Were all working to make a living and try to dedicate time and effort on creative and productive career pursuits. To continue doing that indefinitely requires a form of cushioning against the unfortunate incidence of disability. That safety net comes in the form of Alvada OH social security disability insurance.
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Experienced Attorneys Help You Apply For Social Security Disability Benefits In Ohio
The SSDI attorneys at Clements, Taylor, Butkovich & Cohen, L.P.A., Co. work with many people suffering from disabilities and understand how difficult it can be to live with debilitating conditions. We care about our clients and do our best to help them access and receive disability benefits, so they can move forward with the assistance they need to live the best possible life. Social Security Disability benefits are an important part of that effort. You do not need to be confined to a bed or require 24-hour assistance in order to meet the definition for being disabled for the purposes of receiving Social Security Disability.
How To File For Disability In Ohio
Step #1: File the initial application
To receive benefits, you must file an application for either SSDI or SSI with the Social Security Administration . The SSA processes most applications within 3 to 6 months, but some applications may take up to a year.
Step #2: Submit a reconsideration appeal
If the SSA denies your application, you have 60 days to submit a reconsideration appeal to the SSA. A new review board reviews your reconsideration appeal to see if the first board made a mistake.
In most cases, the SSA approves or denies appeals within 3 to 6 months of filing. In 2017, the SSA approved only 9% of reconsiderations. Most applicants will need a hearing with an administrative law judge to have their denied appeal overturned.
Step #3: Attend a case hearing
Setting up a hearing is the longest part of the disability application process. In most situations, the SSA takes 12 to 16 months to set up a disability hearing. If you reach this step in your application, you must have a strong case. Expert testimony and witnesses help tremendously at this step.
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Ssa Hearing Offices In Ohio
Ohio is part of SSAs Region 5, which serves the states of Illinois, Indiana, Ohio, Michigan, Wisconsin, and Minnesota. In Ohio, there are 6 regional hearing offices.
Below is a list of Ohio SSA hearing offices for your convenience.
Akron Office of Disability Adjudication and Review121 South Main Street, 4th FloorAkron, Ohio 44308
How To File A Complaint About Disability Rights Ohio
If you have a complaint, or you think Disability Rights Ohio is not treating you fairly, you may file a grievance.If you are a client of Disability Rights Ohio or are asking for help from DRO, you have the right to file a grievance if you are not satisfied with the services you are getting. For example, you may file a grievance if you believe DRO:
- Did not provide you with effective services
- Wrongly denied you help
- Did not follow their policies or procedures
In addition, if you have received or are receiving mental health services and you feel that DRO is not following federal protection and advocacy laws for people with mental illness, you may file a grievance. If you are a family member or the representative of such a person, you also may file a grievance.
How does DRO provide services to clients?
DRO provides some help to any person with a disability who asks for assistance. Because of limited funds, sometimes this might be a referral or an answer to a question. DRO cannot provide an attorney or advocate to help with every persons legal problem or situation. Therefore, every year DRO decides what major categories of problems it can help with. These categories are called annual priorities. You may get a copy of these by calling the DRO office or visiting our website.
How can you file a grievance about DRO?
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Speeding Up Your Claim Application
Continue getting consistent medical treatment and care even during the period of your claim. This will help you to justify your claim with complete medical records and doctors opinions. Where necessary, you will have to exhaust all available mainstream medical options. The evidence to show that you tried your best, but still failed to get better helps to validate your case.
Confirm with your doctor and any other medical specialists that your claims are correct according to their opinion. Keep a close relationship with your case examiner and furnish them with all the details of your case as well as any other medical condition that arises after your claim application.
S To Apply For Social Security Disability Benefits In Ohio
When applying for benefits, you should have on hand all of the essential information that you will be asked to provide in order to make the process easier. Some of the relevant information you will need to provide includes:
- Personal information Your name, date and place of birth, Social Security number, information about your spouse and children and banking information.
- Medical history Includes detailed information about your illness, injuries and other relevant medication conditions.
- Work information Your Social Security statement, employment history, wages and earnings from last year and this year and proof of workers compensation or other benefits you receive or will file to receive.
Once you have applied for SSD benefits, the SSA will review your application and will let you know by phone or mail if they need additional information or documentation. The SSA will process the application and, eventually, you will be notified of the decision on your claim.
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