If you live in Defiance, Ohio and have become disabled and unable to work due to an injury or illness, you may be eligible for Social Security Disability Insurance (“SSDI”) or Supplemental Security Income (“SSI”).

While it may seem fairly straightforward once your medical team agrees that you are unable to work, it can actually be more complicated to apply than you expect. If you are applying for Social Security disability benefits, here are some tips you need to know.

Understanding Social Security Disability Eligibility Requirements

If you can no longer work due to a disability, you may be eligible for SSDI or SSI. However, understanding the eligibility requirements can be far more difficult, and it is not as simple as determining whether you cannot work in your current job.

How does social security define disability?

The Social Security Administration defines a disability as a serious medical condition that will either result in death or has lasted (or is predicted to last) for a continuous period of twelve months or more. You will need to prove your condition with medical documentation, including medical records, testing, and statements from your medical team.

Are you making too much money to apply?

Are you working?   Is that work full-time or part-time employment?   What are you earning while working?  In Social Security lingo, are you engaging in substantial gainful activity (“SGA”).  You are gainfully employed in 2024 if you are making $1,550 per month  (non blind). If you are gainfully employed, then you cannot apply for disability.

Do you have the required work credits to qualify for SSDI?

To be eligible for SSDI, you must have sufficient work credits earned within the previous ten years.  The fastest way to determine your work credits is to call Social Security  or to set up an online account via Social Security.

What are your medical limitations?

You will be required to demonstrate how your exertional limitations impact your ability to work, which is the ability to perform physical activities.

How old are you?

Your age is a major factor in your ability to adapt to other forms of employment. Social Security acknowledges persons of “Advanced Age” (ie. those over age 55) have less ability to transfer their skills to other employment.

Sad middle-aged man worried about his financial future after becoming disabled.

How long is the Social Security Disability Process

A short case that is successful from the first application will take 3-6 months, while a case that requires an appeal and hearing can take an average of two or more years. The length of the disability process depends how many appeals it takes.

  • Intake Process

Your initial step in applying for disability is “Intake”.  At Intake your application can be completed online or over the phone. This initial disability decision takes 3-6 months.

  • Reconsideration

If your initial application is denied, you can file an appeal for “Reconsideration”. The Reconsideration of your medical evidence will also take between 3-6 months.

  • Administrative Law Judge Hearing

If your Reconsideration is denied, you can appeal again and request a hearing with an Administrative Law Judge (“ALJ hearing”).  The wait for an ALJ hearing is typically about one year from your 2nd appeal.   The ALJ typically will not tell you on the day of the hearing if your disability will be granted.  Thus, it may take around two or more months after the hearing for the decision.

  • Appeals Council

If the ALJ judge denies your claim, you can request a review of the ALJ decision with “Appeals Council”.  Appeals Council typically takes a year before making a decision.

  • Federal Court Appeal

If your disability is declined at Appeal Counsel, then you may need to hire an attorney who practices in Federal Court to file an appeal in Federal Court.   This process can be tricky as the Federal Court will not decide your case as to whether the evidence is greater to support disability, but rather if Social Security followed their own administrative procedures in reviewing your case.

The length of wait can be very frustrating for Claimants who are disabled and concerned about how to pay their bills while they apply for disability.  It may be hard to know how to survive while you wait for Social Security to review your disability case.

When Do I Need to Speak with An SSDI Attorney?

In most cases, you are encouraged to file the initial application on your own. You will provide the basic information about your employment history and medical history.

We recommend claimants contact an attorney in the process if they have been denied initially and need to file an appeal.

Understanding the Appeals Process

Many applicants are denied the first time they attempt to qualify for SSDI or SSI. This is typically because there was not sufficient documentation of disability in the initial application. You do have the right to appeal the decision, and this is where having a Social Security and disability attorney will make a difference.  They can help you submit the evidence you need to support your disability.

If your claim is denied, you have 60 days to request an appeal, which you can do online or in writing. If you have an experienced SSDI attorney in Defiance, Ohio, you may be able to have your social security attorney file the appeal on your behalf.

During the appeal, you will provide additional evidence of your disability and inability to work. A review of your case will be done by an agent who was not involved in the initial decision and will include both the information you submitted initially and any additional documentation you submit.

During the appeal, you may need to answer additional questions about your condition and may be asked to sit for a medical or mental health evaluation.

If you are denied again, then you can file another appeal and request an Administrative Law Judge hearing.  During this hearing, you will testify, under oath, to a judge, about the limitations put on your ability to work due to your condition, and a vocational expert, who has reviewed your employment history, will testify as to whether you can perform any other job relevant to your experience.

If you are denied again, then you can request an Appeals Council review, which will listen to the hearing and review the testimony and decision of the judge.

How a Social Security and Disability Claims Attorney in Defiance, Ohio Can Help with Your Appeal

Once you begin the appeals process, having an experienced, local Social Security disability attorney working with you through the process can increase your chances of success.

Not only will your attorney be able to assist you with gathering the necessary documentation and evidence, but they will be able to prepare you for the questions and testimony you will need during your hearing, can speak on your behalf during the hearing, call additional witnesses, and cross-examine the vocational expert.

Affording an Attorney for SSDI Claim Help

When you are already facing financial difficulties and stress due to your disability and inability to work, you will likely be concerned about whether or not you can afford an attorney to help you through the process.

A Social Security disability attorney in Defiance, Ohio may work on a contingency basis, meaning they only get paid if you get paid and there are no up-front costs to retain the attorney.

When you are already facing financial stress from being unable to work due to an injury or illness, the process of filing an appeal and preparing for hearings can be overwhelming. Let our experienced SSDI attorneys at Arthur Law Firm help you through the process. Contact us right away for a free consultation at 419-782-9881.