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Getting Your Social Security Disability Benefits – What You Need To Know

An Ohio Social Security Attorney Discussion of Social Security Diability Benefits

The Social Security Act was enacted by Congress, and signed into law seventy five years ago, by President Franklin Delano Roosevelt in 1935.. The Act was developed to aid the US population during challenging economic times, very much like today.  During the past 75 years, the Social Security Administration, or SSA, has helped many millions of people, by offering essential assistance.  This year alone, more than 11 million citizens will get some type of assistance from the SSA.
Ohio Social Security Disability Information
One of the essential pillars of the system is to supply some measure of economic protection to elder and retired workers by way of a monetary fund where workers fund their individual retirement years. Another vital component of the law is to supply a source of income to individuals that are either temporarily or permanently unable to work.
Though it is not anything that people typically think about or plan for, the chances of becoming disabled at some point in a working career are very high. According to the Social Security Administration (SSA), a 20 year old worker has a greater than 25% chance of being found impaired before he or she reaches retirement age.
The Application Process
Recent news reports have noted that over 3 million people will apply for SSD benefits this year. More than two-thirds of these claims will be denied initially. With the proper representation of their claim, many who have been at first denied will prevail with their claim and receive benefits at the next level of the process. The length of time it takes to get your benefits may vary, and may even take more than 2 years to process a application.
Processing the initial application can take a substantial amount of time. Up-to-date estimates by the Administration make note that it takes three to five months to even process the initial application. This, along with with the time it takes to appeal an adverse determination, is a good cause for an applicant to file an application as soon as you become disabled.
Determining Benefit Eligibility
After your application has been processed and SSA finds that it fits the basic standards to get benefits, the application is then forwarded to a state government agency which will find whether your benefits should be awarded. Generally, claimants should begin to receive payments after they have been disabled for over five full months. In order to be qualified for disability payments an individual must prove that their impairment is one will last for a period of more than twelve continuous months. Moreover, an applicant must show that they are unable to do any kind of employment, even employment which is sedentary.
To find if someone is impaired and eligible for Social Security benefits, the Administration employs a five step analysis. These 5 questions help determine the amount and kind of benefits you will obtain.
Are you currently working? If you are working and reach a particular level of income or greater every month, the state government agency in all likelihood will that you are not eligible for benefits. If you are unable to work, or your income is beneath the appropriate amount, the agency will look further into your physical issue.
Is your medical issue serious? In order for your medical condition to be determined to be severe it must last for a least 12 months, and limit your physical ability to accomplish normal employment activities.
Can your medical condition be found in the scheduled list of health conditions? There are some medical disabilities that are serious enough to automatically qualify you for Social Security disability benefits. These disabilities are set forth on a scheduled list of impairments provided by the SSA. If your impairment is not on this list, the state agency will decide if your condition is as severe as one of the scheduled disabilities .
Can you perform the type of tasks which you have performed in the past? In the event that you are able to execute the work you did previously, in all probability you will not be eligible for benefits. If you are not able to perform those tasks, the fact finder will check the final question in the claim process.
Are you able to do any work? If you are not able to perform any of your previous jobs, the agency will the check to decide if you can perform any type of job. Your physical condition, age, education level, prior employment history and any other applicable employment skills will be taken into account during this process.
Can I Appeal a Denial of Benefits?
Reconsideration, sometimes ordinarily referred to as an appeal, is the next step in the claims process. Your request will reviewed by an official who was not involved the initial decision. If your appeal is once again denied, you can then appeal this determination and request a hearing before an administrative law judge (ALJ). You will once again have the chance to put forth your case as well as present other information, evidence and the appropriate witnesses, which can include medical and vocational experts, to help your claim. If you are once again denied SSD benefits, you may request one more review by the SSA Appeals Council and eventually appeal to the Federal Court if necessary.
In order to move your case expeditiously, it makes the most sense to find a lawyer at the beginning of the claims process, to help ensure that you have completed your application fully with the proper information.  This will reduce that probability that your claim will be denied.  Since most applications are denied at the first stage, a knowledgeable attorney will be essential to help move your application through the reconsideration and hearing stages.

Please visit our Ohio Social Security Attorney website for a no cost interview regrading your Social Security benefits.