If you have been denied Social Security Disability benefits, which include Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), you have rights when it comes to filing an appeal. A Mount Vernon, OH Social Security Disability (SSD) lawyer from Berger and Green may be able to help you put forward the most compelling appeal possible so that you can collect the disability benefits to which you are entitled.
We have decades of experience helping clients recover the disability benefits they need to get by. We want to help you, too. We want to make this process as easy and stress-free as possible for you, and we are eager to get started right away so that you can start collecting benefits sooner rather than later.
To learn more about Berger and Green, call today for a free case evaluation with a member of our team, at (412) 661-1400.
Medical and Non-Medical Requirements for Social Security Disability (SSD)
Social Security has a long list of strict requirements you must meet in order to qualify for benefits. The medical requirements are the same whether you are applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). However, the two programs have vastly different non-medical requirements, and a lawyer from Berger and Green can help you determine which program you have the best chance of qualifying for.
To recover benefits for your disability, the Social Security Administration (SSA) must be convinced that your medical condition or injury renders you incapable of engaging in substantial gainful activity (SGA). If you earn more than a certain amount each month, the SSA will likely claim you are engaging in SGA. This amount typically changes each year.
This requirement can lead many applicants to believe they will not qualify if they are able to do some work but this is not necessarily true. Even if you can do some, you still might qualify for benefits.
Non-medical requirements involve your income, assets, and work history, and they vary greatly depending on whether you are applying for SSDI or SSI. If applying for SSDI, you must have a sufficient work history that includes paying Social Security taxes. These taxes are tantamount to insurance premiums that fund the SSDI program, and only when you have paid enough in premiums are you eligible to file a claim and recover benefits from the program.
SSI is a completely different system. It is a benefit program for those in need, so there is no work history requirement. Instead, your income and assets must fall below a certain level that shows you have a legitimate financial need.
For a free legal consultation with a lawyer serving Mount Vernon, call (412) 424-6079
Filing a Social Security Disability Appeal
Once you receive notice that your Social Security Disability claim has been denied, you can get to work on your appeal. This process involves several steps, at any of which you might get approved and start receiving benefits. A Mount Vernon, OH Social Security Disability (SSD) lawyer can help you navigate the process and fight to obtain the disability benefits you need.
You Must First File a Request for Reconsideration
The first step is the reconsideration stage. At this stage, you submit a request for reconsideration, which means you are asking the SSA to take a second look at your application and possibly change its decision to deny you. You are allowed to submit additional evidence in support of your request. You must take this step within 60 days of denial.
Once the SSA receives your reconsideration request, it will re-review your application, look at any additional evidence you have submitted, and determine whether to confirm or reverse its decision to deny you.
If you get approved at this stage, you can start receiving benefits. But if the SSA upholds the denial, there is still hope. The next step of the process is requesting a hearing.
You Have the Right to Request a Hearing
The hearing stage involves taking your appeal in front of an Administrative Law Judge (ALJ). You can bring your attorney to this hearing, and it is highly recommended to do so. In fact, the earlier you get your attorney involved in the process, the earlier they can start building your case. They can help you prepare for the questions you will be asked and figure out the evidence you need to put forward the strongest case.
The Social Security Disability attorneys at Berger and Green understand hearings and know how to make a compelling case to an ALJ. We have helped many clients get their denials overturned at this stage.
The Appeals Council Can Review the ALJ’s Decision
If you get denied at the hearing stage, you can request that a body of decision-makers known as the Appeals Council review the ALJ’s decision. The Appeals Council can either approve your request, deny it, or throw it back to the ALJ for a second look.
The Final Option Is Taking Your Case to Federal Court
The final step in the appeals process is taking your claim to federal court.
Our team will stand by you throughout the process, fighting to build a robust case and get you the benefits you deserve.
Personal Injury Lawyer Near Me (412) 424-6079
Call (412) 661-1400 for a Free Social Security Disability Evaluation in Mount Vernon
The disability team at Berger and Green is ready to get to work on your disability claim today. Our Mount Vernon Social Security lawyers will help you appeal your case and collect the benefits you deserve. If your disability injury or condition is due to a work injury or another party’s negligence, we can manage an injury or workers’ compensation case on your behalf. This could allow you to recover additional compensation such as:
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
For a free, no-obligation case evaluation, call us at (412) 661-1400.