Getting Your Social Security Disability Benefits – Important Information
An Ohio Social Security Attorney Discussion of Social Security Disability Basics
The Social Security Act was enacted by Congress, and signed into law seventy five years ago, in 1935, by President Franklin D. Roosevelt. The Act was prepared to aid the United States population during challenging economic times, very much like today. During the past seventy five years, the Social Security Administration, or SSA, has helped tens of millions of individuals, by offering much needed aid. In 2010 alone, more than ten million citizens will get some kind of assistance from the SSA.
Ohio Social Security Disability Information
One of the key pillars of the system is to supply some measure of economic protection to older and retired individuals by way of a monetary fund where workers help to fund their own retirements. Another vital component of the law is to provide a source of financial aid to people who are unable to physically work,and earn a living.
Though it is not something that individuals typically think about or plan for, the chances of becoming disabled at some point in during your working life time are very high. According to the Social Security Administration (SSA), a 20 year old person has a thirty percent chance of becoming impaired before he or she reaches retirement age.
Applying for Social Security Disability Benefits
Recent news reports have noted that more than 2 million citizens will apply for Social Security disability benefits in 2010. Over two-thirds of those claims will be refused at first. With the appropriate representation of their claim, many who have been at first denied will prevail with their appeal and receive benefits at the next level of the claims process. The amount of time it takes to obtain benefits can vary, and at times it can take more than 20 months to process a claim.
Processing the initial application may take a substantial amount of time. Up-to-date estimates by the Social Security Administration note that it takes three to five months to even process the initial application. This, along with with the time it takes to reconsider an adverse decision, is a good cause for an applicant to file an application as soon as you become disabled.
How the Social Security Administration Determines Benefit Eligibility
Once your application has been processed and Social Security Administration finds that it fits the basic standards to get benefits, the application is then sent to the state agency which will determine whether the benefits should be awarded. In general, recipients should begin to receive payments once they have been disabled for over five full months. In order to be qualified for disability benefits an applicant must prove that their impairment is such that it will last for a time period of more than 12 consecutive months. Furthermore, an applicant must prove that they are not able to do any type of employment, even work which is sedentary.
To determine if somebody is disabled and eligible for Social Security benefits, SSA employs a 5 step analysis. These five questions will decide the amount and kind of benefits you will obtain.
Are you presently employed? If you are employed and reach a certain level of dollars or more every month, the state agency in all likelihood will not find that you are disabled. If you are not able to work, or your income is below the appropriate amount, the state agency looks further into your physical issue.
Is your medical condition severe? In order for your medical condition to be determined to be severe it must last for a least 12 months, and restrict your physical ability to accomplish normal employment activities.
Can your medical disability be found on the scheduled list of disabilities? There are some medical disabilities that are severe enough to automatically qualify you for Social Security disability benefits. These impairments are set forth on a scheduled list of impairments provided by the SSA. If your disability is not on this list, the state agency will decide if your condition is as serious as one of the scheduled impairments .
Can you do the type of tasks which you have performed in the past? In the event that you are able to execute the jobs you did previously, in all probability you will not be eligible for SSD benefits. If you are not able to do 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 execute any of your previous jobs, the agency will the check to decide if you can perform any kind of work. Your physical condition, age, education level, prior employment experience and any other applicable job skills will be taken into account during this process.
Can I Appeal a Denial of Benefits?
Reconsideration, sometimes normally referred to as an appeal, is the next step in the claims process. Your request will reviewed by a fact finder who was not involved the first decision. If your reconsideration 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 opportunity to put forth your case as well as present other information, evidence and the appropriate witnesses, which may include medical and vocational experts, to bolster your claim. If you are once again denied Social Security 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 efficiently, it makes the most sense to find a lawyer at the beginning of the claims process, to help ensure that you have fully completed your application with the appropriate information. This will reduce that chance that your claim will be refused. Since most claims 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 fee interview regrading your Social Security claim.
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