nager romaine & schneiberg attorneys

Navigating Social Security Disability

Most first-time applicants are turned down for Social Security Disability. The likelihood of your application’s approval increases significantly when you allow our experienced Ohio Social Security Disability attorneys to file your application on your behalf.

Social Security Disability Insurance

If you are covered under Social Security Disability Insurance — meaning you have worked a prescribed amount of time and paid Social Security taxes — you may be eligible for benefits.

To be approved, you must have a medical condition that prevents you from working and medical prognosis states the condition is either likely to persist for a minimum of one-year or end in death. The Social Security Administration (SSA) applies a strict federal standard of disability to applications. The SSA has published a Disability Benefits guide to assist people in understanding if they have a case.

The Appeals Process

If you filed a disability application and were turned down, our Social Security Disability lawyers guide your case through the appeals process:

  • Benefits application – The Division of Disability Determination Rehabilitation Services Commission is the administrative body that determines whether your application for benefits is approved or denied.
  • Reconsideration – You have the option of filing a “Request for Reconsideration,” if your application is denied.
  • Disability hearing – You have the right to request a hearing before an administrative law judge (ALJ), if reconsideration is denied.
  • Appeals Council – The SSA appoints an Appeals Council that reviews the denial of Social Security Disability benefits once the administrative process has been exhausted. The Appeals Council has the authority to overturn the previous denial and grant benefits, or can send the case back to the ALJ.
  • Federal district court – If the ALJ’s denial is upheld by the SSA Appeals Council, you have the right to have a federal district court review your case. The federal court can either return your case to the ALJ for a rehearing, or can reverse the denial and effectively approve your application for benefits.
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