What is the Ohio Social Security Disability Application Process?
Disability through the Social Security Administration is different from those of private plans or other government plans and does not provide temporary or partial disability benefits. The definition of a disability under the Social Security Act is an inability to perform sustained gainful activity (i.e. employment) due to a severe medical condition or a combination of severe medical conditions that have lasted—or are expected to last—at least one year or are expected to result in death. Applying for Social Security Disability can be confusing, which is why our Toledo team is here to help.
FAQ: Should I Hire a Social Security Attorney to Help Me?
How to Apply for Social Security Disability
Social Security Disability Insurance (SSDI) is a benefit for workers who have contributed to the Social Security trust fund. Governed by federal law, the Social Security Administration has established rules and regulations that must be followed when considering applications for SSDI. Before applying for Social Security Disability, it is wise to ensure that you qualify for these benefits. To qualify for SSDI, you must:
- Have worked long enough and recently enough in jobs that contribute to the Federal Insurance Contributions Act (FICA) fund
- Have a medical condition that meets the definition of disability. Your medical condition must limit your ability to complete basic work-related activities (lifting, walking, sitting, remembering, etc.) for at least one year OR have a qualifying impairment.
If you believe you qualify for Social Security Disability benefits, you can apply online, via phone, or in person at a local Social Security office in Ohio. An experienced attorney can also help you file your application. The application is time consuming and calls for a variety of information, including:
- Information about your employment history and military service, if applicable
- Details on your medical history such as providers, treatments, and diagnoses
- Personal information regarding children, your spouse, and prior marriages
- Previous and current earnings
Thorough medical records and reports of your disability will be necessary in order to be approved for benefits. The evidence you provide to prove your disability is crucial and one of the most important components of your application. It is also one of the most confusing parts to navigate, largely due to the fact that the Social Security Administration maintains such strict standards for disability.
You may be required to submit more than just records stating that you are ill or disabled. The SSA will look for evidence that you have followed treatment plans and carefully abided by doctors’ orders, and yet are still unable to work. Given the importance of this aspect of the application process and the complexity of documentation required, many people seek assistance from our team at Schaffer & Associates LPA. We work closely with SSDI applicants to create the strongest application possible and increase their chances of success.
Once you have successfully applied for benefits, the Social Security Administration will review your application and contact you – or your attorney – if further information is required. A decision will typically be issued six to nine months or more after submission of your application. If your claim is denied, it is possible to appeal the decision within 60 days.
Make Applying for the Social Security Disability Process Less Daunting
Millions of Americans suffering from a life-limiting health condition, a disabling or fatal medical diagnosis found themselves navigating through the SSD application process. Applying for Social Security Disability can be extremely intimidating. Even though SSD benefits can be a lifeline for workers with profound disabilities, many find the process complex and challenging. After all, these individuals and their families are already dealing with health anxieties, income loss, and stress. This is where a highly experienced Ohio Social Security Disability Attorney comes in, potentially turning the entire experience around.
Schaffer & Associates ask that you not give up before speaking to one of their highly-skilled, knowledgeable Toledo attorneys. When you need help, it is important that you do everything possible to maximize your chances of success — including speaking to an attorney from Schaffer & Associates. Schaffer & Associates, LPA, has helped individuals with the SSD process throughout the United States, primarily offering services throughout northwest Ohio and southeast Michigan.
Applying for Disability Benefits When You’re Over 50
What Do I Need for a Successful SSD Application Process?
Those who have suffered a disability or illness that prevents them from working and making a living can apply for SSD benefits online or by making an appointment with their local Social Security office. Specific criteria must be met to ensure the best chance of success. Most notably, the disability prevents (or will) the ability to engage in sustained gainful activity for at least twelve months. You need the following information on hand before visiting your Social Security office or beginning an online application:
- Date of birth
- Birthplace
- Information regarding your marriage(s) and divorce(s), including spouses DOB
- Details regarding minor children or disabled children under the age of 22
- Details regarding U.S. military service
- Education information
- Details of prior 15 years of employment
- Banking details
- Names of physicians and other medical professionals who have treated you
- Dates of all medical treatments related to your disability
- Any other information related to your medical history
Approval for SSD benefits varies from person-to-person; however, the our Social Security Disability lawyers are ready to step in should you need assistance in filing your SSD application or should your application be denied.
Five Things to Know Before Applying for Social Security Disability
What Are Common Mistakes Made During the SSD Application Process?
According to Medical News Today, mistakes made during the initial SSD application process can result in delays, which, in turn, causes more stress on an already-precarious financial situation. Some of the most common mistakes and missteps associated with applying for Social Security Disability are:
Not taking the application process seriously.
The process for SSD is fairly complex and should not be taken lightly. Ensure you have all the required information when filling out the initial SSD application—and make sure you are eligible. The evaluation process to determine eligibility for SSD includes:
- You must not be “gainfully” employed. Substantial gainful activity is the level of work a person without a disability can do—in 2020, SGA is defined as $1,260 or more per month. Those working at the SGA level are ineligible for SSD benefits.
- You must have a medically determinable impairment/condition that is severe, interfering with basic work activities.
- Your condition must be expected to be severe and disabling for at least 12 months.
- You must be able to show that you are unable to perform the work you did before your disability.
- You must be able to show you cannot perform other types of work (due to lack of education, training, or physical/mental ability).
Going through the SSD process alone.
When you apply for SSD benefits with no representation, and particularly when you appeal a denial without legal representation—you are much more likely to have your claim denied or the denial upheld.
Underestimating the impact of your disability.
Don’t let pride cause you to underplay the extent of your disabilities. Simply because you’ve learned to cope to some extent in your day-to-day life, does not mean you don’t need benefits.
Exaggerating your disability.
Just as you should not downplay your disability, you should never exaggerate its impact by making it seem worse.
Being less than clear about your work history
you must know what the expectations for your specific type of work are and be able to articulate why you are no longer able to perform your work duties.
Giving up
Yes, the process can be long and cumbersome; however, once you have an experienced Toledo SSD attorney in your corner, the process not only becomes more accessible, you stand a much better chance of being awarded SSD benefits.
What Are Some Misconceptions Regarding the SSD Application?
There are several misconceptions regarding SSD benefits that are, unfortunately, repeated time after time, such as:
- You cannot receive SSD benefits and workers’ compensation at the same time—If your disability rose from a work injury or illness, you can apply for WC benefits. You can also be eligible for SSD benefits, although those benefits may be reduced.
- Collecting SSD benefits and working is not allowed. The Social Security Administration provides “work incentives” for those collecting SSD, that allow you to earn up to a certain amount of money each month.
- Even if your initial SSD application was denied, there is an appeal process available. More than half of the individuals who apply for SSD are denied initially, however, there is an appeal process available. Having an experienced attorney from Schaffer & Associates can assist you in presenting your appeals in a clear and concise manner, providing you with a better chance of success.
Does Age Matter When Applying for Social Security Disability?
In addition to physical and mental conditions, there are a range of factors that affect an individual’s ability to work. While a person’s age does not prohibit them from applying for Social Security Disability, it can have an impact on their likelihood of approval. For applicants under the age of 50, the Social Security Administration’s Rules and Regulations make it much more difficult to be approved. Applying for disability when you’re over 50, however, can make it easier to successfully secure benefits.
For applicants of all ages, the Social Security Administration will assess whether the individual is able to perform any of their past work. If the answer is no and the applicant is under 50, the Social Security Administration will then consider whether the individual is able to adjust to a new type of work. If the answer is no and the applicant is over 50, the Social Security Administration is less likely to determine that the applicant can adjust to new work. The will look to see if the individual has transferrable skills from past work, i.e. skills that would transfer to a new type of work. The person’s educational background, work experience, and age are all taken into consideration when making this determination.
Although age is not the sole factor in determining Social Security Disability eligibility, it is a significant element that is taken into consideration. This further evidences the importance of understanding the Social Security Disability claims process and building an application to highlight the strengths of your case.
Can You Apply for Social Security Disability While Still Working?
The application and appeals process for Social Security disability can be lengthy, creating an extended period of time where people may be without any income. People often wonder whether it is possible to apply for Social Security Disability while still working to offset these challenges. It is technically possible to apply for and even receive benefits while working, as long as your income is within a specified threshold. It is important to note, however, doing so may complicate your case and cause the SSA to scrutinize your work ability.
If you are working while applying for SSDI benefits, your income cannot exceed $1,550 a month for non-blind disabled individuals (2024 threshold established by the Social Security Administration). For statutorily blind individuals, the monthly limit is $2,590. This is known as the Substantial Gainful Activity (SGA) limit. If your income exceeds the SGA limit, you will not be eligible for SSDI benefits.
Contacting an Attorney Near You to Help When Applying for Social Security Disability
Given the complex nature of the process, it is common for individuals to seek legal assistance when applying for Social Security Disability. An attorney who has experience handling SSDI claims will understand how to successfully navigate the application process and craft the strongest case to increase your chances of securing benefits. The Social Security Administration often takes many months to make a decision, which can be further delayed by mistakes in the application. Many times, applicants are required to submit additional information to support their claim or undergo medical exams. An experienced attorney at Schaffer and Associates LPA will be able to provide assistance with the following matters:
- Collect and compile the most pertinent evidence necessary for your claim.
- Communicate with medical providers to secure relevant documentation.
- Craft a strong application to increase the chance of approval
- Advocate for you and provide necessary legal support throughout the appeal process.
- Present your case to an Administrative Law Judge at a hearing.
On average, over 60% of all SSDI claims are denied. Hiring an attorney near you who focuses on Social Security Disability claims can help avoid delays and denials by ensuring that you have submitted the strongest application possible from the start. At Schaffer & Associates LPA, we work closely with disabled individuals to successfully obtain Social Security Disability benefits as quickly and efficiently as possible. Through our guidance, we help our clients avoid the bleak statistics and secure the benefits they deserve.
The Importance of Having a Toledo Schaffer & Associates Attorney by Your Side
You do not need to face the often-arduous process of filing for SSD or appealing a denial on your own. The Schaffer & Associates SSD attorneys are standing by to help guide you through the process in the proper way that fits your needs. We are experienced, compassionate, and dedicated to you and your future and will ensure your SSD application’s efficiency and accuracy. For a free consultation, call us at 419-350-8277 or send an email to get started today.
