Disability Lawyers in Ohio

Is It Hard To Get Disability In Ohio?

In the United States, the federal government provides benefits to citizens who are injured, disabled, ill, or unable to work. The Social Security Administration (SSA) has two types of benefit programs for disabled individuals: the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program.

30% of the disability applications get approved in Ohio. Approximately 70% initial applications for benefits are rejected. Although the application process is quite complicated, an Ohio disability attorney can guide you through the process. 

There are many regulations and eligibility criteria that need to be met for an application for benefits to be approved. Many claimants’ applications get rejected or denied for one reason or another. Therefore, legal guidance helps SSDI claimants deal with the application and review process.

The SSA requires that your disability be severe enough to significantly limit your functionality.  You must also have a qualifying medical condition that is expected to last at least one year or result in death. An applicant with a short-term disability will not be approved to receive benefits.

Some of the disabilities for which people in Ohio can receive disability benefits are:

• Hearing Loss

• Anxiety Disorders

• Agoraphobia

• Autism

• Emphysema

What Documents Do You Need To Prove Your Disability?

Multiple forms need to be completed to apply for disability benefits. Some of the records that you must gather include:

• Medical records regarding your disability
• Your employment records, to be used to determine your work credits
• Whether you are receiving worker’s compensation
• Any financial assets that you possess, including retirement accounts, bank accounts, and additional assets.

One of the most essential records you’ll need to produce during the process is your medical records. For qualifying for disability benefits in Ohio, you need to show that your mental or physical disability is preventing you from doing any work. 

In addition, you also need to prove that your disability falls under one of the impairments listed in the SSA’s Blue Book. The Blue Book is a guide that the SSA uses to determine whether a claimant’s impairment meets their definition of disability.

If you want to increase your potential for approval, then your application form should be complete and contain accurate information. Be sure to list all the doctors you have seen for your condition, as well as any tests or procedures you have had. You must also ensure that there are no errors or discrepancies in your form that may lead to a denial.

How Do You Qualify For SSDI And SSI Programs in  Ohio?

People who are disabled and are unable to do any work may qualify for the Ohio SSDI program or SSI program. To qualify, they have to meet the medical and financial requirements set forth by the SSA. Both SSDI and SSI have different purposes. 

SSDI is an insurance program provided to workers who are suffering from a disability. SSI is intended for people who are totally disabled and have never worked or elderly citizens who have a very low income.

To obtain SSDI benefits, you must be disabled and have paid Social Security taxes during your past employment. You must also prove the following:

• You are unable to do any work
• The disability has lasted for a least 1 year
• Your medical condition is so severe that you cannot engage in any job.
• You have earned the requisite number of work credits

For SSI, you need to prove at least one of the following:

• You are blind or have partially lost your vision
• Your disability has lasted for at least 12 months and is preventing you from doing any work
• You are at least 65 years old

However, SSI is also for those who have children with disabilities. These parents can apply for the benefits and file an application form along with a Child Disability report. 

How Can An Ohio Disability Attorney Help When Your Initial Application Gets Rejected?

If your initial application gets denied by the SSA, you must not lose hope. Instead, you can receive benefits by initiating the appeals process.

Request for Reconsideration

If your initial application gets denied, you have the option to request a reconsideration. This is referred to as the second review of your application. In this process, a new examiner is assigned to review your application.  They will consider all the evidence and make a decision.

Disability Hearing Process

If you do not receive an approval after reconsideration, you may request a hearing. A request for an ALJ hearing is processed by the Office of Disability Adjudication and Review (ODAR). The hearing takes place before the Administrative Law Judge (ALJ).

The state of Ohio has 6 ODAR offices where these hearings can be scheduled for local disability applicants. The overall processing time can be time-consuming and can take up to 265 days or even 391 days for your hearing to take place. You can get help from one of the experienced social security attorneys in Ohio who can guide you on how to proceed.

Appeals Council Review

After the hearing process, you can submit your case to the SSA’s Appeals Council. The council will either make a decision or send your case back to the ALJ for review.  

For assistance throughout the process, contact a disability attorney at Chermol Fishman today.