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Social Security Disability Information Center Crowley, Ahlers & Roth Co., LPA

Most initial claims made for social security disability benefits, valid or not, are denied. Do not be discouraged.

We can help.

At Crowley, Ahlers & Roth, we provide aggressive, experienced, and often very successful legal representation to clients throughout the Tri-State Area of Ohio, Kentucky, and Indiana who are seeking to gain social security disability benefits.

The following information is intended to provide you with a general overview of social security disability and the law. For further information or for a free consultation with one of our experienced social security disability lawyers, please contact our Cincinnati, Ohio law offices directly.

Social Security Disability - An Overview

If you are considering applying for Social Security Disability benefits, or if you are in the midst of appealing a denial of benefits, it is important to understand the Social Security Administration's approval process. In addition to meeting the definition of "disabled" and fulfilling the earnings requirements that the Social Security Administration dictates, you must present a convincing and organized application. An experienced Social Security Disability attorney can offer insight and guidance in your pursuit of benefits.

Disability

An impairment that qualifies as a disability under Social Security Administration (SSA) guidelines must be quite serious. The impairment must render the applicant unable to perform any substantial gainful activity — that is, the applicant must not be able to earn more than a minimum amount of money, determined each year by the SSA.

The impairment must completely disable the applicant. It must be expected to last for a year, have already lasted a year or be expected to cause the applicant's death. But this is not the end of the qualifying tests.

Earnings Tests

The Social Security Administration also requires the applicant to have a sufficient work history to qualify for Social Security Disability benefits. Based upon the applicant's age, he or she must have worked for a specified number of years. The applicant also must have worked at least some of those years recently. This is because Social Security Disability Insurance (SSDI) benefits are "earned" with the contributions applicants have made through their Social Security taxes. Some blind applicants do not need to meet the recent work test.

Supplemental Security Income (SSI), on the other hand, is a needs-based program that helps disabled people with low income and few resources.

When to File

It is best for an applicant to file for Social Security Disability benefits as soon as he or she becomes disabled and unable to work. The application and approval process takes at least three to five months, so it is wise to start early.

The Decision Process

Following the receipt of the application, a federal Social Security Administration representative will review the information. If the representative is satisfied that the application meets certain basic criteria, the application and evidentiary materials will be forwarded to a state agency that is charged with making a decision regarding the disability benefits application. The state agency may develop the file further by gathering more medical or vocational evidence.

The state agency uses a five-step process to determine whether the applicant should receive benefits, asking:

• Whether the applicant is working
• Whether the medical condition is severe enough to render the applicant disabled
• Whether the impairment is on a government list of impairments granting automatic disability status (if the impairment is not on the list, that does not necessarily disqualify the applicant)
• Whether the applicant can do the work he or she did before
• What other types of work the applicant can to do

The state agency will return the file to the federal Social Security Administration with its recommendation. The SSA almost always adopts the state agency's disability determination.

After considering all other eligibility questions, the SSA will mail the applicant a notice of its decision.

Appeals

The applicant has the right to appeal the decision. The first appeal is a reconsideration of the initial denial, typically a review by a new person of the written evidence and any additional evidence. The next appeal goes to an administrative law judge for a hearing. Following this stage, the applicant has a right to appeal to the Social Security Appeals Council. Finally, the applicant may appeal to the federal courts. An attorney can offer valuable assistance in the appeals process.

Speak with an Attorney

Each step of the Social Security Disability benefits application process can be time consuming and complex. An attorney can answer your questions and help you through the qualification and appeals process.

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