A disability benefits denial from the Social Security Administration (SSA) does not mean the end of the road for you. You have the right to appeal the denial. Whether you are seeking Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), a Coshocton, OH Social Security Disability (SSD) lawyer from Berger and Green can help you through the appeals process and fight for your disability benefits.
At Berger and Green, our disability lawyers fight for the rights of disabled people in Ohio. We know how difficult it is to get approved for benefits and how stringent the Social Security Administration (SSA)’s qualifications can be. We work with you through each step of the appeals process, fighting on your behalf and making a strong case for benefits. We never collect a fee until you start collecting Social Security Disability.
To learn more about how the Berger and Green team can help you file an appeal for Social Security Disability, call us at (412) 661-1400.
Why Your Application Might Have Been Denied
To qualify for Social Security Disability, you must meet certain requirements set by the SSA. These requirements include both medical and non-medical qualifications. The medical requirements are the same for both SSDI and SSI, while the non-medical requirements differ substantially.
Your Disabling Condition Did Not Meet the SSA’s Medical Requirements
The SSA requires you to be totally disabled to qualify for either SSDI or SSI. That means you must convince them that you are unable to obtain and sustain gainful employment.
You Did Not Meet the SSA’s Non-Medical Requirements
SSDI and SSI have very different non-medical qualifications. To receive SSDI, you must have a sufficient number of work credits determined by your age. If you do not have these work credits, you may not satisfy this requirement.
SSI, in contrast, is a benefit program aimed at those with financial needs. Instead of a work history requirement, you must have a total income and total assets that fall below certain thresholds to qualify for benefits.
Berger and Green can examine your situation and determine whether it makes more sense to apply for SSDI or SSI or both.
For a free legal consultation with a lawyer serving Coshocton, call (412) 661-1400
How to Appeal Your Social Security Disability (SSD) Denial
Once you receive notification that you have been denied Social Security Disability benefits, you can begin the appeals process. You must do so within 60 days or you might have to start the process over again. This could leave you waiting months or longer to obtain the benefits you need. Learning more about the appeals process can allow you to prepare
File a Request for Reconsideration
The first step, which you must take within 60 days of denial, is to file a request for reconsideration with the SSA. To strengthen your argument for why they should pay you, you may attach as much additional information and evidence as you want.
The SSA will review your reconsideration request and any new evidence you include with it. If the SSA upholds the denial, you may move onto the next phase in the process, which is to request a hearing in front of an Administrative Law Judge (ALJ).
Request a Hearing with an Administrative Law Judge
At the hearing stage, you can argue your case in front of an ALJ, a Judge who hears Social Security Disability appeals. A lawyer may accompany you to the hearing and may argue your case on your behalf. A Social Security Disability lawyer understands the types of arguments that persuade ALJs as well as those you should avoid.
Berger and Green has a long track record of winning Social Security Disability appeals at the hearing stage. If you have an upcoming ALJ hearing or are planning to request one, make sure you speak to a member of our team to see how a Coshocton, OH Social Security Disability (SSD) lawyer from our firm can help you. For a free consultation, call us at (412) 661-1400.
Have the Appeals Council Review the Denial
If the ALJ does not approve your appeal at the hearing stage, you may take it to the Appeals Council, which will look at the evidence and do one of three things:
- Reverse the denial and approve you for benefits
- Uphold the denial
- Require the ALJ to review the case a second time
Appeal the Denial in Federal Court
Finally, if the previous steps fail, you have the right to appeal your case to Federal Court.
Personal Injury Lawyer Near Me (412) 661-1400
You Might Be Able to File an Injury or Workers’ Compensation Claim
Our team also helps injured Ohioans recover compensation for injuries that result from another party’s negligence or a work-related injury. For example, if your disabling injuries resulted from a slip and fall or a car accident, or any other accident that was the fault of someone else, we can build an injury case on your behalf and hold the negligent party liable for your injuries and related costs.
Depending on your situation, this could allow you to recover compensation for any of the following:
- Medical bills
- Lost wages
- Diminished earning capacity
- Miscellaneous expenses
- Pain and suffering
During your free consultation, feel free to discuss the circumstances of your injury with us and we will determine if we can help you file a related claim.
Call Today for a Free Social Security Disability Case Evaluation
The Social Security Disability lawyers from Berger and Green are eager to get started on your appeal today. If you have been denied benefits, a Coshocton, OH Social Security Disability (SSD) lawyer will help you through the appeals process and fight for the compensation you deserve. For a free, no-obligation case evaluation, call us today at (412) 661-1400.