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Your Trusted Advocate For Ohio Social Security Disability Claims
When you work and earn wages social security tax is deducted from your earnings. A portion of this tax is allocated to the social security disability fund. You paid for it, and if you become disabled you expect to receive social security disability benefits. It is common for the Social Security Administration to deny initial applications and Requests for Reconsideration. However, if you file an appeal many claims are granted at the hearing level. Mark L. Newman, Attorney at Law, can represent you at an Administrative Law Judge Hearing and help get you the benefits you are entitled to.
Do You Qualify For Disability Benefits?
To be eligible for Social Security Disability or Supplemental Security Income (SSI), you must have a severe physical or mental impairment that is expected to prevent you from working for at least 12 months. When evaluating your disability claim, the Social Security Administration uses the following five-step sequential evaluation.
- Are you working? If you are currently working and earning more than $1180 per month in 2018, such work will be considered substantial gainful activity and your claim will be denied.
- Do you have a severe physical or mental impairment? The Social Security Administration will consider your impairment severe if it significantly limits your physical or mental ability to perform basic work activities.
- Does your condition meet a Social Security Listing? If your condition meets or equals an impairment listed in the Social Security Listing of Impairments you will be found disabled. The Listing of Impairments is a list of physical and mental conditions considered severe enough to prevent you from working.
- Are you able to perform your past work? You must establish that you can no longer perform the jobs you had in the last 15 years. When determining whether you can do your past jobs the Social Security Administration will compare your current physical and mental limitations to the physical and mental demands of your past jobs.
- Can you perform any other type of work? At this step in the process, the Social Security Administration will evaluate your current physical and mental limitations, age, education, and transferable skills to determine whether you can do any other type of work.
Mark can help you file an appeal and guide you through the complicated disability process. He has more than 25 years of experience helping people at all levels of the process including the Initial Determination, Reconsideration, and at Hearings Before an Administrative Law Judge.
Get Personalized Representation From An Experienced Lawyer
Mark will give your case personal attention, gather the medical evidence to support your claim, and represent you at your hearing. Some of the other work we will do on your case includes:
- Obtain medical records and reports from your doctor
- Analyze your case under the Social Security regulations.
- Hire a vocational expert to evaluate your ability to work.
- Obtain documents from your social security file.
- Prepare you to testify at your hearing.
- Cross-examine adverse witnesses at your hearing.
- Submit a written summary of the evidence and argument to the judge.
- Make sure the Social Security Administration calculates your benefits correctly.
Mark L. Newman will represent you on a contingent fee basis, which means we are not entitled to attorney fees unless you are awarded disability benefits. If you have questions about applying for Social Security Disability or need help filing an appeal, please call us at 513-533-2009 or contact us by email.
Frequently Asked Questions About Social Security Disability Benefits
A disability can significantly impact your life. If you are unable to work due to your condition, you may have valid concerns about how you will be able to support yourself. With the aid of Social Security Disability benefits, you can obtain the financial resources necessary for you to move forward. Attorney Mark L. Newman routinely assists Cincinnati individuals as they file for disability benefits, and what follows are some commonly asked questions about the process:
What are Social Security Disability benefits?
Social Security Disability Insurance is a government insurance program funded by Social Security payroll taxes. An individual is considered insured for SSDI benefits if they have worked a certain number of years and made contributions through payroll tax into the Social Security trust fund. An SSDI recipient’s spouse and minor children are entitled to receive partial dependent benefits. After you receive SSDI for two years you are eligible to receive Medicare benefits.
What is Supplemental Security Income?
Supplemental Security Income (SSI) is a needs-based program based on income and assets. SSI is strictly based on financial need and is not dependent on your work history. To qualify for the SSI, you must have less than $2000 in assets ($3000 per couple) and very limited income. Some assets such as a home and one car are exempt. SSI benefits begin on the first day of the month when you file your application. SSI recipients are also entitled to Medicaid benefits.
Am I eligible for Social Security Disability benefits?
There are several requirements you must be to be eligible for Social Security Disability or SSI benefits. You must meet the medical and financial requirements. The medical condition that is disabling must have lasted, or be expected to last for 12 months. The medical condition must be severe and either meet a Social Security Listing or prevent you from doing your past work or any other type of work. When evaluating whether you can do other types of work Social Security will consider your age, education and whether you have transferable skills. In addition, to the medical requirements you must have earned enough work credits to be eligible or SSDI and have low income and minimal assets to qualify for SSI.
When should I apply for Social Security Disability Benefits?
You should apply for SSD or SSI when you and your doctors agree that your disability is going to last at least 12 months or after you have been unable to work for several months.
How do I apply for benefits?
There are three ways to apply for SSD or SSI benefits:
- In person, at your local Social Security Administration office
- Online at the Social Security Administration website
- By phone at 800-772-1213
What information do I need to apply for benefits?
When completing your application for SSD and/or SSI you will be asked to provide the following information:
- Personal background information
- Military service records
- A detailed work history for jobs you have performed during the past 15 years
- The name, address, and phone number of all medical providers who have treated you for any disabling medical conditions
- A list of your prescription medications
- Financial/tax information
What to expect after I file my application for SSD or SSI?
The Social Security Administration will review your application and request medical records from your doctors. They may also contact you to discuss your condition and schedule you for a medical exam. The Social Security Administration will mail you a written decision within approximately 3-4 months after you file your application.
How does the appeal process work?
If the Social Security Administration denies your claim, you can file a Request for Reconsideration within 60 days of receiving the Initial Determination letter. Social Security will update your file with any new medical records and issue another decision. If your Request for Reconsideration is denied you have 60 days to file a Request for Hearing by an Administrative Law Judge.
What should I expect at an Administrative Law Judge Hearing?
An Administrative Law Judge is for more informal than a trial. The hearings take place in a small room and everyone is seated during the hearing. There is no attorney present for the government opposing your case. The people present at the hearing include you, your attorney the administrative law judge, the judge’s, and usually a vocational expert. The Administrative Law Judge will swear in any witnesses including the claimant and the vocational expert. Typically, hearings last about 60 minutes.
The Administrative Law Judge or your attorney will ask you questions. Typically, the questions cover personal background information including address, who you live with, age, and education, the types of jobs you have performed in the past, your medical conditions and how the conditions limit your ability to perform work activities, your ability to perform household chores, hobbies, social activities and how you spend a typical day. The Administrative Law Judge and your attorney will also ask the vocational expert questions about whether you can perform your past jobs or any other jobs in the economy.
Most of the time the Administrative Law Judge will not make a decision at the hearing. You will receive a written decision in the mail 30-90 days after the hearing.
What factors does the Social Security Administration consider when reaching a decision?
- All severe physical and mental impairments and how such conditions limit your ability to perform work activities
- Work history and prior skills
When can I hire an attorney to represent me?
You can hire a representative at any stage of the proceeding. However, it is most common to hire an attorney after you receive an Initial Determination or Notice of Reconsideration denying your claim.
How are attorneys paid in a Social Security case?
Attorneys represent social security claimants on a contingency fee basis. The attorney fee is 25 percent of the past-due benefits, with a maximum fee of $6000. All Fee Agreements must be approved by the Social Security Administration. If your claim is approved the Social Security Administration will calculate the amount of the attorney fees and send a check directly to your representative.
Do represented people do better than unrepresented people?
The statistics show that individuals who are represented by an attorney are more likely to have their claim for SSD or SSI approved. An attorney can file an appeal on your behalf, obtain medical records to support your claim, prepare you to testify at a hearing, and present and argue your claim to the Administrative Law Judge.
Do you have a Social Security Disability?
Injury or disability?
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Mark L. Newman Attorney at Law
3074 Madison Road Suite 2N
Cincinnati, OH 45209
Phone: (513) 533-2009
Fax: (513) 721-2301
© 2020 by Mark L. Newman, Attorney at Law.