If you are living with a disabling condition, you might be entitled to benefits through the Social Security Administration (SSA). The SSA pays out monthly disability benefits to individuals unable to work using two different benefits programs.
You might be entitled to benefits through these programs, depending on the circumstances. However, eligibility requirements are tightly enforced, and denied claims are common. If you are considering a claim for benefits, you could benefit from a discussion with a Girard Social Security Disability lawyer.
Establishing a Qualifying Condition For Social Security Disability Benefits
There are strict eligibility requirements for both SSDI and SSI. To recover benefits from the SSA, you must prove that you are disabled, both disability programs operated by the SSA require proof of impairment. This is referred to as establishing your qualifying impairment.
In both SSI and SSDI claims, the SSA will not simply take your word that you are disabled. Instead, the SSA maintains a list of recognized conditions known as the Blue Book. For some people, receiving a formal diagnosis of a recognized disability may be enough to qualify. If you are diagnosed by a doctor with one of the conditions in the Blue Book, having your doctor attest to that diagnosis using a form could be enough.
Unfortunately, many people live with disabilities that are not easy to diagnose. In some cases, living with multiple disabilities provides a mix of symptoms that makes it impossible to identify the cause. In these cases, you may need to provide and submit evidence of those symptoms during an exam with an SSA doctor.
For a free legal consultation with a social security disability lawyer serving Girard, call 412-661-1400
Appealing a Denied SSI or SSDI Claim
If the SSA has denied your claim for disability benefits, you have the right to appeal that decision. Denials are common, and we encourage you to not give up if you have received a denial. It is possible to win your disability benefits after you receive a denial. However, that does not mean overturning a decision is easy, especially without the help of an attorney.
Legal counsel could ensure you have the best chance possible of securing a favorable outcome on your disability appeal. A lawyer from Berger and Green understands the complexities and layers of the SSA’s programs. Our firm can help you navigate those layers through all steps of appeals.
There are layers to the Social Security appeals process. The process begins with formally requesting a review of the decision, but it could reach all the way to federal court.
Request for Reconsideration
The appeals process begins with a request for reconsideration. This step essentially asks the SSA to take another look at the case. While this process is essentially the same that occurred during your original determination, it is overseen by medical consultants and claims examiners that did not take part in your initial decision.
If your denial is upheld after reconsideration, the next step is to appeal to an administrative law judge (ALJ). This process is similar to a trial, where you and your attorney will have the chance to offer additional evidence to the ALJ.
If your denial is upheld at the ALJ hearing, the next option is appealing to the Appeals Council. This is the highest level of appeal within the SSA. However, it is worth noting that the council is not obligated to hear every case and could deny your appeal without considering it.
Federal Court Review
You have the right to appeal to a federal court whether or not the Appeals Council heard your case. This step involves filing a lawsuit and seeking a better outcome from a federal judge. The judge in these cases is charged with reviewing the record for any legal errors. However, some judges will reconsider factual issues as well. Depending on the case’s complexity, this stage can take months or longer.
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How Our Firm’s Social Security Disability Lawyers Could Help
A successful claim for disability benefits could improve the quality of your life tremendously. Given your claim’s importance, you could benefit from the guidance of an attorney who understands the process. Our firm is ready to assist you with every aspect of your case from beginning to end.
Evaluating Your Options
Many factors can determine what your case is worth and how likely you are to receive benefits. Before you file for Social Security disability benefits, our firm could help you understand your options. For example, we could review your financial situation to determine if you qualify for SSI. Our firm could also advise you if you have the work credits needed to be eligible for SSDI.
Guiding You Through The Process
Our firm can initiate the application process and file the application for you. This process can be confusing, especially when providing additional documents to establish your disability. We will double-check and ensure that you have everything you need for your claim to be filed.
Work With the SSA
In some cases, the SSA will need additional documentation before it can make a decision. For example, this might require additional medical records or other types of supporting documents. This extra step may be tedious to you, but our firm could work with the SSA to provide them with everything they need.
Handling Your Appeal
Even with your best effort, your Social Security disability claims may still initially be denied. Our firm could take the lead on your appeal. We could help at every step on the way, providing new evidence or highlighting errors made during the decision-making process. When there are formal hearings, our attorneys could represent your interests in front of the judge.
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Our Firm Could Help You Pursue Your Disability Claim in Ohio
Filing for SSDI or SSI benefits can be overwhelming for some people. While this process can be challenging, having strong advocates on your side could simplify the process. Our attorneys understand how to maximize your chances of a favorable outcome, and we will work tirelessly to help you secure the benefits you need.
The team at Berger and Green is ready to assist you with your claim. A Girard Social Security Disability lawyer from our office could be the difference between benefits and a denied claim. Reach out right away for your free consultation.
Call or text 412-661-1400 or complete a Free Case Evaluation form