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Cincinnati Social Security Disability Lawyer
Your Trusted Advocate For Ohio Social Security Disability Claims
As an employee earning wages, a portion of your income is subject to Social Security tax deductions. These deductions contribute to the Social Security Disability Insurance (SSDI) program which is designed as a safety net for workers who, having contributed to the fund, may find themselves unable to work due to disability. You’ve invested in this system expecting that should you ever face such a challenge, you’ll get the SSDI benefits you need. Unfortunately, it’s not always that easy. Navigating the SSDI claim process can be complex and frustrating. The Social Security Administration (SSA) frequently denies initial claims and requests for reconsideration.
The path to obtaining SSDI benefits can be challenging, but with the right legal support, the odds of a favorable outcome greatly improve. Cincinnati Social Security Disability lawyer Mark L. Newman has extensive experience in the field and can help you navigate the SSDI claims process while advocating for your rightful benefits.
Call Mark L. Newman, Attorney at Law at (513) 533-2009 for dedicated legal assistance in fighting for the disability benefits you deserve and have financially contributed to through your working years.
Do I Qualify For Social Security Disability Benefits?
To be eligible for Social Security Disability or Supplemental Security Income (SSI), you must meet certain criteria. When evaluating your disability claim, the Social Security Administration will consider the following:
- Work History and Credits: SSDI is a program that is contingent on your work history and the Social Security taxes (FICA) you have paid into the system. Typically, you need 40 credits to qualify, 20 of which must have been earned in the last 10 years ending with the year you become disabled. However, younger workers may qualify with fewer credits.
- Medical Condition Qualifying as a Disability: The SSA has a strict definition of disability. To be considered disabled:
- Your medical condition must significantly limit your ability to perform basic work-related activities such as lifting, standing, walking, sitting, and remembering for at least 12 months.
- The condition can be physical, mental, or a combination of both.
- The SSA maintains a list of common medical conditions and disabilities covered by SSD. If your condition is not on the list, the SSA will decide if it is of equal severity to a medical condition that is on the list.
- Inability to Do Work You Did Before: If your condition is severe but not at the same level as a medical condition on the list, the SSA then determines if it interferes with your ability to do the work you did previously.
- Inability to Adjust to Other Work: Additionally, the SSA considers your medical condition, age, education, past work experience, and any transferable skills you may have. If you cannot adjust to other work because of your medical condition, your claim may be approved.
- Your Current Work Status: If you’re working and your earnings average more than a certain amount per month ($1,550 per month in 2024 or $2,590 if you’re blind) you generally cannot be considered disabled. The specific earnings amount is adjusted annually.
- Non-Medical Requirements: Apart from medical qualifications, there are also non-medical requirements. These include your age, the type of work you performed, and your Social Security earnings record.
It’s important to note that the process for applying for SSDI benefits can be challenging and the criteria for eligibility can be stringent. That’s why it’s smart to work with a Social Security Disability lawyer, especially if your initial claim is denied and you need to appeal the decision.
Attorney Mark L. Newman can help you file an appeal and guide you through the complicated disability appeals process. He has more than 25 years of experience helping people at all levels of the process, including the Initial Determination, Reconsideration, and Hearings Before an Administrative Law Judge.
Get Personalized Representation From An Experienced Lawyer
When dealing with the challenges of SSDI, having an experienced attorney on your side can make all the difference. Social Security Disability attorneys can give your case personal attention, gather medical evidence to support your claim, represent you at your hearing, and fight for the full amount of benefits you are entitled to. They can also:
- 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.
Cincinnati, OH Social Security Disability attorney Mark L. Newman will represent you on a contingent fee basis, which means he is 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 our law offices 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?
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 SSDI Benefits?
What Information Do I Need to Apply for SSDI Benefits?
- 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 of either approval or denial within approximately 3-4 months after the date you filed your initial application.
How Does the Appeal Process Work?
If the Social Security Administration denies your initial 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 Hearing is far 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 judges, 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 Social Security Disability 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 an experienced attorney to represent you at any stage of the proceeding. However, it is most common that people seek Social Security Disability attorneys after they’ve received an Initial Determination or Notice of Reconsideration
How are Social Security Disability Lawyers Paid In a Social Security Case?
Most 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 SSA will calculate the amount of the Social Security Disability attorney fees and send a check directly to your representative.
Do I Need an Attorney for Social Security Disability?
Statistics show that individuals who are represented by Social Security attorneys 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, protect your legal rights, prepare you to testify at a hearing, and present and argue your claim to the Administrative Law Judge.
Call Mark L. Newman, Experienced SSDI Attorney in Cincinnati Today
If you’re in the Greater Cincinnati area and navigating the complexities of securing Social Security Disability Insurance (SSDI), you don’t have to face it alone. Mark L. Newman, a dedicated Social Security Disability attorney serving Cincinnati, OH, specializes in representing clients in these situations. As one of the leading Social Security Disability lawyers in Ohio, he brings a wealth of expertise in SSDI, SSI, workers’ compensation, personal injury law, and other related practice areas.
Whether it’s initial applications, appeals, or simply navigating the overwhelming Social Security process, Mark L. Newman is here to help. His insight into the local legal landscape, combined with a deep understanding of both Social Security disability law and workers’ compensation, makes him a standout among OH lawyers. Reach out today by calling (513) 533-2009 or via online intake form to secure the professional legal assistance you need and take a significant step towards achieving the benefits you are entitled to.
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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