We understand how overwhelming it can be if a medical condition is preventing you from working to provide for yourself and your family. If your claim for benefits has been denied, you may be unsure of what steps you should take next.
We want to reassure you that you are not alone. If you have not yet filed a claim, our team can explain the process to you and file the documentation on your behalf. If your application has already been filed and denied, we can evaluate your options and, if you are eligible, help you fight for its approval.
Understanding Different Types of Social Security Disability Benefits
There are two main types of SSD benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
- Social Security Disability Insurance (SSDI). This program is for people who have worked for a long time and have paid into their Social Security. It is designed to bridge the gap of time between when someone’s condition prevented them from working to the age at which they expected to retire.
- Supplemental Security Income (SSI). This program is designed for adults and children who have never worked or do not have enough work history to be eligible for SSDI. It provides cash payments to cover basic expenses like food, clothing, and shelter.
For a free, no-risk review of your claim to find out whether you qualify for SSDI or SSI, contact Berger and Green at (412) 661-1400 to speak with a member of our team.
For a free legal consultation with a personal injury lawyer serving Grove City, call (412) 661-1400
Proving That You Qualify for Social Security Disability Benefits
If you are suffering from a medical condition that prevents you from working any job, you have the right to seek support for yourself and your family. The Social Security Administration (SSA) will consider you disabled if:
- You cannot do the work you were doing before your condition manifested
- You cannot do other work because of your current condition
- Your disability is expected to last for a year or more
The SSA also has a step-by-step process to determine whether someone meets the definition of disabled. The five questions they ask as part of this process are:
- Are you currently working, and does your income average more than $1,260 per month?
- Is your condition severe enough to prevent you from performing basic work-related activities like sitting, standing, walking, lifting, or remembering?
- Is your condition included in the list of medical conditions provided by the SSA?
- Can you do the work you did before your condition developed?
- If not, is there other work that you are capable of doing?
Depending on how you answered these questions, there are two ways to prove that you qualify.
The SSA has a list of impairments, and each entry includes the requirements you must meet to be approved for benefits based on the diagnosis. You are usually required to provide the SSA with specific evidence of your condition, such as imaging scans, lab results, or notes from your physician about your diagnosis, treatment, and outcomes.
Residual Functional Capacity (RFC)
If you do not qualify under an impairment listing, you may need to depend on residual functional capacity (RFC) to be eligible for your benefits. RFC refers to the maximum amount of work you can do given the realities of your condition. The SSA may have a doctor review all your medical records to determine whether you can work. They may also request that your doctor assess your ability to work, or they may schedule an exam on your behalf and ask that you attend.
If the physician determines that you cannot perform the tasks associated with your previous job and that you are unable to do other work, you may qualify for SSDI benefits.
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Fighting for Your Benefits After a Denial
If your benefits have been denied, you have a limited time (generally 60 days from the time you receive the notice) to appeal the decision. There are four different levels of appeal: reconsideration, a hearing by a Judge, a review by an Appeals Court, and a Federal Court Review.
It is important to note that you must have a decision for reconsideration before you can arrange a hearing with a Judge. Our team can take all the worries about the process off your shoulders. As long as you are eligible, we can ensure that the necessary steps are taken in a timely manner. We can also represent you and your interests at a hearing if you have already filed your appeal.
How a Grove City, OH, Social Security Disability Lawyer Can Help
We understand how stressful and overwhelming it can be to go through the process of filing a claim for SSD benefits. Many people find their claims denied simply because they did not fill out the forms correctly or did not provide all the required documentation proving their condition, even when they should have been approved.
Our team of social security disability lawyers can help you with the process from start to finish. We can evaluate your case and determine which program you qualify for. If you meet the SSD’s standards, we can help you with the process of filing your claim. If your application has been denied when you should have qualified, our team can help you with every stage of the appeals process.
We can also evaluate whether you may be eligible for compensation through a personal injury lawsuit. In some cases, our clients’ conditions have been caused by another person’s negligent actions. If we find that you qualify, you can take steps to pursue damages and get financial relief through a personal injury lawsuit.
To learn more about your options, call Berger and Green at (412) 661-1400 for a free, no-risk review of your claim.