Posts Tagged ‘ohio social security disability’
I’ve Been Denied – Do I Need a Social Security Disability Attorney
Many people in this country can not earn a living due to physical disabilities not under their control. Over 75 years ago the Social Security system was created to help these people. Unfortunately, over time, the system has in many ways broken down, and people truly in need are being denied at an alarming rate. Statistics show that over 75% of applicants are initially turned down. If you are one of these people, you need to know what to do next. If you only take away one piece of advice form the article, please remember never give up!
Reconsideration – Step 1
When an individual applies for Social Security Disability, they will usually receive a decision on their application in 90 – 180 days. Unfortunately, an extremely high percentage of applicants are turned down due to no fault of their own. If your initial application is denied, you will receive a written notice of denial explaining the reasons for the denial, and advising your of your right to file for reconsideration. Since you only have 60 days to file for your reconsideration it is very important that you file the paperwork in a timely manner. Do not delay. If you do not file for a reconsideration within the 60 day limit you have lost this right to appeal. You will have to go back to step one and file a new application.
Once you have received your notice of denial you have three options:
- Retaining a Social Security Attorney to handle your appeal
- Appeal on your own
- Give up
Retaining a Qualified Attorney
If you have been denied, consulting a qualified attorney is probably the best step to take. Most attorneys will not charge you for an initial consultation. They will meet with you to learn the specifics of your situation, and explain your options. If you decided to retain him or her, they can handle the whole appeal process. This includes working with your doctors, the SSA, process all paperwork, and represent you at any hearings. An experienced lawyer will know what information to provide to the Administration in order to get your claim allowed. He or she will then work with your medical providers to get that information into the hands of the people who are deciding your claim. Additionally, most attorneys do not receive a fee until your claim is allowed. When they are paid, their fees are capped by law at 25% of your back award or $6,000 whichever is less. These fees come directly from the SSA out of your back award. As you can see, there is very little downside to consulting and retaining an attorney to handle your appeal.
Appealing on Your Own
The appeals process is complicated, and filled with land mines. Do you really feel that you can deal with all of the forms, medical information, and still take care of yourself? The only advantage to handling a claim yourself is to save yourself a few dollars, and that is only if your claim is allowed.
Never, ever give up. As long as you have a right to appeal, you have a chance to win your claim. There is absolutely no benefit to giving up.
The Social Security Disability Application – Where Do I Start?
Due to the delay Ohio applicants are currently faced with regarding their claims, it makes sense to file an application as soon as possible. We have found that filing your claim online at: www.SSA.gov/applyfordisability, has proven to be the fastest method, although applying in person if you can get an appointment quickly is also effective. Although attorneys can not make an initial application for our clients, we can handle every step of the appeal process if you are denied.
Which Program Do I Apply to? – SSD or SSI
When applying, you will first need to determine if you are eligible for Social Security Disability, SSD, or Supplemental Security Income, SSI. To be eligible for SSD, you need to have paid enough taxes into the system. The chart on this page: http://www.ssa.gov/pubs/10029.html#part2 will give you a guide. If you do not meet these eligibility requirements, then you will need to apply for SSI.
Provide as much information as possible. You should list all of your disabilities, medical treatment history, including expected future treatment, as well all medications which you take. Additionally, you should explain how your disabilities and medication impact your work and every day life activities.
Do I Need An Ohio Social Security Attorney?
Although you do not need an attorney to file an application, of for any part of the appeal process, it would definitely be to your benefit to seek the advice of one at any time during the process. Most attorney’s will not charge for your initial consultation, and will only collect a fee if your claim is allowed. Additionally, their fess are capped at 25% of your back award, with a maximum fee of $6,000. One other thing to note, is that the applicant does not actually pay these fees. The attorney is paid directly by the Social Security Administration out of the applicants back award. For example, if your total back award was $20,000. You would receive $15,000 and the attorney would be paid $5,000.
Social Security Disability and Supplemental Security Income – The Difference Between SSD and SSI
The Social Security system has been called the safety net for disabled and elderly Americans. The system was created to protect people can no longer work, whether due to age, or disability. There are primarily two programs which protect people who have not reached retirement age, but who are unable to work due to their physical disabilities. These two programs are know as: Social Security Disability insurance, and Supplemental Security income programs.
Social Security Disability
The Social Security Disability program, or SSD is an insurance program which will provide benefits to qualified individuals in the event that they can not work due to physical disabilities. Almost everyone who is employed in the US, has paid “insurance premiums” into this program, through by way of taxes collected from their income over their working life. In order to qualify for this program, an individual needs to have paid a certain number of “quarters” into the system over their working career. If have paid forty quarters into the system, and have worked at least 5 of the last 10 years you will most likely be eligible to at least apply for these benefits. If you have not paid enough quarters into the system, you will probably need to apply for the second program available to disabled workers: Supplemental Security Income.
Supplemental Security Income
The Supplemental Security Income program, OR SSI, also administered by the Social Security Administration, provides benefits for individuals who are not able to work due to physical disabilities, but have not paid into the Social Security system for a variety of reasons. For example, a stay at home Mom, although she has worked very hard, probably has not received a paycheck and therefore not paid into the system. If she becomes unable to work for physical reasons, she may be entitled to Supplemental Security Income benefits.
SSI benefits, sometimes referred to as Federal “welfare”, are based upon the needs of the disabled individual and his or her family. Therefore in order to qualify, the applicant and their family’s total income must fall below a certain level. This is adjusted each year by the Social Security Administration.
Social Security Disability Benefits – Applying Online
Many people are not aware that they can apply for Social Security disability benefits online. The Social Security Administration has created a fairly user friendly application process for you to apply for SSD or SSI benefits. But do you need an Ohio Social Security attorney at this point in the process? This short answer is no, but it gets a little more complicated than that. Most people will not need a Social Security attorney for the online application process, but since almost 70% of initial applications are denied, you may want to review your case with a qualified lawyer before you even begin.
It is essential that you are prepared before you begin your online application. The online process, consists of two parts: 1. The Disability Application, 2. The Disability Report. Each part requires that you provide certain information.
The Disability Application
You will need the following documents:
- Tax Forms – all forms including 1099, W-2,and any other filings which you may have had in the year prior to year application
- Banking Information – Savings and checking account numbers, including your banks routing number
- Social Security Numbers – Yours, plus your spouse, as well as those of any children under 18 years of age.
- Military Discharge Information – Please provide Form DD 214 if you have ever been in the U.S. military
The Disability Report
Please have the following available:
- Contact Information – names, addresses, and phone numbers of any individuals who you think can help with your claim. This should include family members, as well as close friends who have knowledge of your medical conditions
- Medical Providers – The corresponding information for all of your medical providers, including professionals, clinics and hospitals. Please include patient ID information.
- Medication – List all medications which you are taking, as well as who has prescribed them.
- Medical Diagnostic Tests – Provide a list of any tests which you have undergone, as well as which provider ordered them.
As you can see, this is not a simple process, and although you do not need to have a Social Security attorney help you with the initial step, it certainly wouldn’t hurt to consult with one before you start. You can find some highly qualified lawyers simply by doing a search online. Almost all of them will offer a free initial consultation to review and discuss your claim. So as you can see, there is absolutely no reason to take these important steps without seeking professional advice.
Your Ohio Social Security Disability / Insurance (SSD / SSI) benefits may be subjected to being
taxed. This would depend upon how you file, and if you have other sources of income. If your Social Security benefits are your only source of income which you have received in the past year, then more than likely these benefits are not subject to income tax. If you have earned other money , then you will need to calculate whether your adjusted gross income is grater than the limits currently set by the Internal Revenue Service.
Social Security Disability Sole Source Income
If your sole source of income during the taxable year was your SSD / SSI benefits then it is not necessary to file tax return with the IRS. The income from your benefits will generally fall below the limits set by the government and none of this income will be subject to federal taxes. This rule also applies to all married couples filing jointly, where neither spouse has any income other than their SSD / SSI benefits.
Other Sources of Income – Calculations and Limits
If any individual, or spouse in the case of married couples, has earned income from other sources, then you should complete an IRS 1040 Form to calculate if you have any income subject to tax. The form an accompanying instructions will explain how to make these calculations, and will provide the limits to determine what, if any, of your income is subject to tax. As a general rule, an individual filing single, may be subject to tax if their adjusted income falls above $25,000, while those who file jointly might have to pay tax if their adjusted income rises above $32,000.
Although these rules may seem simple, it would be wise to consult a tax professional to review your specific set of facts. You can also find more information at the IRS website online.
Ohio Social Security Disability Claims – Akron Office Opening
Social Security efforts to trim a disability claims backlog haven’t done enough to halt personal ordeals for disabled people awaiting government help, a Senate oversight committee told the head of the agency Monday.
For people in need and awaiting claims, “Your heart goes out to them,” U.S. Sen. George Voinovich, R-Ohio, said at a Senate subcommittee field hearing on disability claim backlogs of two years or more.
Nearly 2 million people are waiting to find out if they qualify for benefits, with many having to wait more than two years to see their first payment. And judges who hear Social Security disability cases are facing a growing number of threats from claimants angry over being denied benefits or frustrated at lengthy delays in processing claims.
Social Security Commissioner Michael Astrue said the agency is making progress cutting waits for decisions on claims but a 2013 goal of resolving claims within nine months could be jeopardized by rising claims amid the recession and an aging population.
Ohio wait times, among the longest in the nation, have been reduced from an average of 23 months to 16 months since 2008.
Astrue said the agency was working to reduce the backlog by hiring more staff members and administrative law judges who handle claims and by opening 25 new hearing offices, including an office dedicated in Akron after the subcommittee hearing. Another office will be dedicated in Toledo on Tuesday.
The agency also has tried to speed up claims by increasing staff productivity and lobbying against state government furloughs involving claim workers who are paid by the federal government.
Employees have been furloughed in more than 12 states and Voinovich said it wasn’t saving the states any money. “It’s coming from the federal government,” he said.
The subcommittee chairman, Sen. Daniel Akaka, D-Hawaii, introduced the backlog issue by calling it “unacceptably slow” and turned the hearing over to Voinovich, who retires at the end of the year.
Dan Allsup, director of communications for the disability representation company Allsup Inc., said in a phone interview that lengthy delays resolving disability claims can impoverish people.
“We know people are losing their homes without that income, especially when we’re talking about the primary bread winner,” he said.
In another panel discussion, D. Randall Frye, who handles disability claims in Charlotte, N.C., and who is president of the Association of Administrative Law Judges, said the association has ranked courtroom security among its top concerns.
He said in an interview after the panel discussion with the senators that more security officers are needed at hearings and that hearing rooms often the size of a bedroom should be larger so they can be configured better for security.
About 1,400 administrative law judges handle appeals of Social Security disability claims at about 150 offices across the country. Many are in leased office space rather than government buildings.
This Article First Appeared in the Daily Journal 11-15-10
Why You Need an Ohio Social Security Attorney To Collect Social Security Disability
If you are in Ohio and would like to collect Social Security disability you will more than likely need an Ohio social security attorney. Social security was established in 1945 by President Franklin Delaware Roosevelt. The reason behind the creation of social security besides assisting senior citizens is to ensure people who have been injured or who have major health problems have an income.
One of the main reasons you will most likely need the help of an attorney is because the Social Security Administration denies 70%-75% of all claims. An attorney can help you to appeal the denial. The majority of appeals filed by an attorney are accepted and granted by the Social Security Administration.
In order to be granted Social Security disability you must be eligible under the requirements. There are five eligibility requirements they base their decision on.
- Is your monthly income above $1,000? If so, you will most likely be denied
- You must be injured severe enough to interfere with your regular job duties
- Is your condition on their disabling conditions? There is a list of disabilities they utilize. If your condition is not on the list or it is found you do not have a comparable disability you will be denied.
- Can you perform your old job duties? If it is found that you could perform the duties of your old job you will be denied.
- Can you do something else? There is a formula they use and if it is determined that you can be retrained, reeducated, or the job modified so that you can do it, you will be denied.
An attorney who specializes in social security disability will most likely offer you a free consultation. During this meeting your potential attorney will be able to go more in depth about the process, requirements, and eligibility based on your specific circumstances. If the attorney believes they can help you, they will then file your claim or appeal if you had already filed a claim and were denied.
An Ohio Social Security Attorney Discusses Social Security Disability Basics
The Social Security Act was enacted by Congress, and signed into law seventy-five years ago, in 1935, by President Franklin Roosevelt. The Act was created to assist the individuals during challenging economic times very similar to today. During the past seventy-five years, the Social Security Administration, or SSA, has helped many millions of people, by offering essential aid. In 2010 alone, more than 10 million citizens will get some type of assistance from the SSA.
One of the main pillars of the system is to offer some amount of economic security to elderly and retired people by way of a fund where employees fund their individual retirements. Another critical facet of the law is to supply a source of financial aid to individuals that are either temporarily or permanently unable to work.
Though it is not anything which people typically think of or plan for, the possibility of becoming disabled at some place in your lifetime is great. According to the Social Security Administration (SSA), a 20 year old person has a greater than 25% chance of becoming impaired before he or she reaches retirement age.
Applying for SSD
Recent media reports have stated that more than three million citizens will apply for Social Security disability benefits this year. Over 2/3 of those claims will be refused on first consideration. With the proper representation for their claim, many people who have been initially denied will prevail with their claim and get their benefits at one of the following levels of the claims process. The length of time it takes to receive benefits can vary, and in many, many cases it can take up to 24 months to process an application.
Processing the initial application can take a significant amount of time. Up-to-date estimates by the Social Security Administration make note that it takes three to five months to even process the initial application. This, coupled with the time it takes to appeal an adverse conclusion, is a good cause for an individual to file an application as soon as you are determined to be disabled.
Determining Benefit Eligibility
Once your application is processed and the Social Security Administration finds that it meets the primary criteria to get benefits, the application is then forwarded to a state agency which will find whether the benefits should be granted. Usually, claimants will begin to receive payments after they have been impaired for more than five full months. In order to be qualified for disability payments an applicant must show that their disability is one will last for a time period of more than twelve continuous months. Furthermore, one must prove that they are unable to perform any type of gainful employment, even work which is sedentary.
The Five Step Analysis
To determine if somebody is impaired and eligible for Social Security disability benefits, the Social Security Administration employs a 5 step analysis. These 5 questions help decide the amount and type of social security benefits you will receive.
- Are you presently working at a job? If you are employed and reach a certain earning level or greater every month, the state agency in all likelihood will find that you are not disabled. If you are unable to work, or your income is under the threshold, the government agency will look further into your physical issue.
- Is your medical condition serious? In order for your medical condition to be found to be severe it must last for a least 12 months, and limit your physical ability to accomplish typical employment activities.
- Can your medical condition be found on the scheduled list of health conditions? There are some medical disabilities that are severe enough to automatically qualify you for SSD benefits. These disabilities are set forth on a scheduled list of conditions provided by the SSA. If your condition is not on this list, the governmental agency will decide if your disability is as serious as one of the listed impairments.
- Can you perform the type of jobs which you have executed in the past? In the event that you are able to execute the work you did previously, in all probability you will not be eligible for SSD benefits. If you are not able to execute those tasks, the fact finder will check the final question in the disability process.
- Are you able to do any work? If you are not able to perform any of your previous jobs, the agency will the check to decide if you can perform any kind of work. Your health condition, age, education level, prior work experience and any other applicable job skills will be taken into account during this process.
Can I Appeal a Denial of Benefits?
Reconsideration, sometimes referred to as an appeal, is the next step in the claims process. Your petition will be reviewed by a fact finder who was not involved the first decision. If your appeal is once again denied, you can then appeal this decision and request a hearing before an administrative law judge (ALJ). You will once again have the chance to put forth your case as well as present other information, evidence and the appropriate witnesses, which may include medical and/or vocational experts, to help your claim. If you are once again denied Social Security benefits, you may request one more review by the SSA Appeals Council and eventually appeal to the Federal Court if need be.
In order to move your case efficiently, it makes the most sense to find a lawyer at the beginning of the application process, to help ensure that you have fully completed your application with the appropriate information. This will reduce that chance that your claim will be refused. Since most applications are denied at the initial stage, an experienced attorney will be essential to help move your application through the reconsideration and hearing stages.
If you live in Ohio and are applying for Social Security Disability Benefits, or if you have another Social-Security-related issue for which you need to file a claim, an Ohio Social Security attorney can be your best resource.
Social Security was established to provide income for those who can no longer work, due to age or disability. Every year, the Social Security Administration awards millions of dollars in payments to those who qualify, as well as to spouses and dependents of these people. However, many people who apply find themselves lost in the complicated process of claiming benefits and the red tape which may, unfortunately, slow down or stall their claim.
Benefits are not automatically granted simply by applying. A Social Security judge must review the case and determine if you should be awarded benefits. An Ohio Social Security attorney can guide you through this process and represent you at hearings determining your eligibility.
Many people who apply for Social Security benefits have been injured or have a debilitating illness. They are unable to work, and their families suffer from the loss of income. It is important to expedite the process of your Social Security claim to protect yourself and your family. Unfortunately, the process is not designed to be quick or simple. Many who file find themselves mired in copious amounts of paperwork, and may miss important deadlines, or be unable to explain their claim adequately to the officials to assist in the processing of their case. Often, when this happens, Social Security claims languish for months or years without being paid.
An Ohio Social Security attorney can change that for you. These professionals are trained to cut through the red tape, to communicate with Social Security administrators, and to advise you of the best ways to proceed with the collection of your claim.
Contact us today for a free consultation about your Social Security case. Our professionals can help you get the money to which you are entitled.
Ohio Social Security Attorney – We Can Help
The Social Security and Supplemental Security Income
disability programs are the largest of numerous Federal
plans that provide help to individuals with disabilities. While
these separate plans are unique in many ways, they are administered by the
Social Security Administration and only people who are impaired and meet
certain medical standards can qualify for payments from either program.
Ohio Social Security Disability Application and Denial Assistance
If you have questions about your disability request or
denial, or would like to review your rights, please complete the
contact form below. As soon as we receive your information an
experienced Ohio Social Security Attorney will personally perform a
NO FEE evaluation of your request, and contact you to discuss your
options. There is no fee or obligation for filling out our consultation