Knowing When to Apply for SSDI and SSI Disability Benefits Through Social Security in Toledo, Ohio
Facing the possibility that you may qualify for disability is hard for people to come to terms with because you have spent many years working and need the income to pay bills. Also, there is a certain amount of pride you get from working and social connections with co-workers. The physical and financial pressures you are dealing with are hard to manage, and your inability to function normally can become a mental burden as well. The uncertainty of what is the right thing to do is very stressful.
Filing for SSDI and SSI seems pretty straightforward, and some people are approved when they file a claim. However, most people are denied benefits several times when they apply for disability. Although it can be defeating to have your claim denied, it’s important you know that it’s common to be denied, and you should file an appeal.
When to Hire an Attorney for Disability
When do you need a long-term disability attorney? You need a long-term disability attorney if you have applied and been denied your benefits. It’s important to submit related medical evidence to ensure a successful outcome. There are attorneys in Toledo, Ohio who are experienced and very familiar with helping people compile a proper SSDI and SSI appeal for approval.
If you have been recently denied a SSDI and SSI claim, and you are medically unable to work due to your physical or mental limitations, it’s important to speak with an SSDI and SSI lawyer right away. There is a limited amount of time you will have to file your appeal, and an experienced attorney can help you prepare and submit evidence in support of your disability.
1. Conduct an Initial Review of Your Case
When you first contact an attorney for disability in Toledo, Ohio, they will conduct an initial review of your case. If you have never applied for disability benefits before, they’ll assess your eligibility for disability, but if you’ve previously been denied, they can look at what might have gone wrong with your initial application.
The information you provide them about your denied disability is essential, as it helps them develop an effective plan of action to help you get approved for benefits.
2. Gather Evidence to Support Your Claim
The Social Security Administration (SSA) disability determination process employs an evidence-based approach in granting disability benefits. They’re expecting you to prove your disability prevents you from returning to work or performing any income-generating activity.
If you hire a SSDI and SSI lawyer to help you file, they can gather medical evidence on your behalf, and submit the information to SSA for you, not wait around for SSA to gather evidence on their own.
Experienced disability lawyers know the SSA’s disability evaluation system in and out. They are aware of what the SSA wants to see and how to get the right evidence in front of them to satisfy their requirements.
Most often SSA focuses on your medical records, so you’ll need to sign a medical records release, allowing them to speak to your doctors and any other medical professionals who treated you. They may request written statements, diagnoses, radiological reports, and any other pertinent testing. If necessary, they will also obtain statements from those with knowledge about your disability.
3. File a Request for Reconsideration
If your claim gets denied during your initial application stage (“Intake”), it’s your legal right to appeal the SSA’s decision, and it’s also where an experienced long-term disability lawyer can help you. They can help you navigate through the steps of the appeals process and file a request for reconsideration.
4. Develop a Strategy for Your Case
One significant advantage of hiring an experienced SSDI and SSI lawyer in Toledo, Ohio is they know how to best present your case to SSA. After gathering the information about your disability, they will formulate a theory as to why you are disabled and use this theory to argue that:
- You are not working.
- Your condition meets a disability listing.
- You cannot return to your previous job.
- With your current functional capacity, you cannot engage in any substantial gainful activity.
5. Prepare You for the Hearing
It is not usual to be denied multiple times and need to appeal multiple times. It’s frustrating, but you must keep appealing. You have no hope of getting paid if you do not appeal. So, don’t lose hope! After 2 denials you will be entitled to a hearing with an Administrative Law Judge (ALJ). The appeals hearing is your chance to directly explain to the decision maker in your case what your medical limitations are and why you can no longer work. Therefore, it’s essential you arrive at the hearing fully prepared.
To help with hearing preparation, a long-term disability attorney can conduct a pre-hearing meeting. During this, they will go over some common questions you’ll likely be asked during the actual hearing and how best to explain your medical limitations. It’s helpful to know what you may be asked. Questions may include, but are not limited to, the following:
- What is your education and training?
- Where did you work over the last 15 years?
- What did you do at work?
- Describe your job responsibilities.
- How much did you lift, carry, bend, walk, stand etc. during your normal work day?
- Did you supervise others?
- Did you run any specialized tools or equipment?
- Do you hold any specialized certificates?
- Did you use technology at your job?
- What is wrong with you medically?
- Describe your symptoms.
- When did they first appear?
- When did you stop working?
- Did you have any accommodations at work before you quit?
- How frequently were you absent?
- How did your medical issues interfere with work?
- Which doctors did you see and what treatment was prescribed?
- What have you tried to get better (medications, therapy, testing etc.).
A practice Q and A session will help boost your confidence, but it also helps you avoid saying anything that might jeopardize your claim. While preparing for your hearing, you’ll have the opportunity to talk about what to say or not say with your attorney beforehand.
6. Represent You During the Hearing
In addition to preparing you, SSDI and SSI lawyers in Toledo, Ohio also represent you during the hearing. Legal representation during your hearing improves your chances of getting approved for the benefits you deserve.
7. How to Pay for an Attorney for Disability in Toledo, Ohio
If you are uncertain about hiring a disability lawyer because of monetary concerns, don’t worry. Social Security disability lawyers work on a contingency basis. This means they don’t charge to start working, and they only collect attorney fees when your case has a successful outcome. The attorney’s fee is deducted from your total back benefits when it’s released. Typically, you pay 25% of your back pay up to $7,200 when your back pay is paid to you.
Are You Seeking a Social Security Disability Attorney in Toledo, Ohio?
Appealing a social security disability claim after it’s been denied can be very overwhelming if you don’t have any help. Our team of experienced, local attorneys at Arthur Law Firm have the knowledge and background necessary to ensure that you get the guidance you need for your SSDI and SSI appeal.
If you’ve been denied benefits after applying for Social Security in Toledo, Ohio and you are unable to return to work, Arthur Law Firm is here to help. Contact us at (419) 782-9881 right away for a free consultation to discuss your case.
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Arthur Law Firm works on a contingency fee basis, meaning that you pay nothing upfront. Our Fair & Square Fee Guarantee is our commitment to you that once your case is resolved, our fee will not exceed your net recovery.
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