Social Security Disability Benefits
Disabled workers and their dependents receive Social Security disability benefits to navigate challenging times. However, bureaucratic red tape can make the claims process frustrating and intimidating for many who need these benefits. The Social Security Lawyers at Gallon, Takacs & Boissoneault can simplify this process and guide you through this difficult time.
If injury or illness prevents you from working and you find yourself in this situation, rely on the skilled and experienced Toledo Social Security disability benefits lawyers at Gallon, Takacs & Boissoneault. We assist disabled workers across Northwest Ohio and Southeast Michigan.
We can represent you at all stages of the claims process and work hard to ensure you and your family receive the maximum benefits you deserve. Contact us today for a free, no-obligation consultation about your Social Security benefits by calling us at 419-843-6663 or using our online contact form.
Read some of our Frequently Asked Questions (FAQs) about Social Security Disability and Supplemental Security Income.
Do I Qualify for Social Security Disability Benefits?
When you meet with a Social Security lawyer at Gallon, Takacs & Boissoneault, we will assist you in determining your eligibility for Social Security Disability Insurance (SSDI) benefits.
To qualify for SSDI benefits, you must meet the Social Security Administration’s definition of “disabled.” This requires having a medical condition that has lasted (or is expected to last) for at least one year and prevents you from performing work at your previous job or a different type of job.
Possible Reasons for Benefit Denial
If you believe you meet this definition and are denied benefits, it could be due to an issue related to:
– Income: If you work and your income exceeds $1,000 monthly, you may become ineligible for SSDI.
– Severity of your medical condition: If your condition is not on a master list of disabling conditions, the SSA may question whether it is “severe” enough to prevent you from working.
– Ability to work another job: The SSA may challenge your claim even if you have demonstrated that you cannot perform your current or previous job.
– Work history: If you are 31 years of age or older, you must have worked at least five of the ten years before you applied to be eligible for SSDI benefits. If you are 50 years of age or older, you must provide proof of at least seven years of work during your lifetime.
Assistance with SSDI Claims
The Social Security benefits attorneys at Gallon, Takacs & Boissoneault can assist you in compiling your employment and medical records and presenting a compelling case to the administrative law judges and appeals boards that review SSDI claims. We have helped numerous Northwest Ohio and Southeast Michigan residents receive benefits they never thought possible.
How Do I Apply for Social Security Disability Benefits?
There are two types of Social Security Disability Benefits: Disability Insurance Benefits and Supplemental Security Income. However, the process of applying for each benefit is different.
Generally, if a person has worked in the private sector (meaning they did not work in a local, state, or federal government position), they have paid into the Disability Insurance Benefits program. As they work, they earn quarters of coverage so that, if or when they become disabled, they can file a claim for benefits. The claimants can file on their own online or in person at their local Social Security Office.
However, the process is a little different when it comes to Supplemental Security Income (SSI). SSI is available for those with limited or no work history and meets certain income limits. SSI applications MUST be filed in person or over the phone. There is no online application for SSI.
How Long Does it Take to Get a Hearing?
The average wait time for a hearing in the hearing offices currently served by GT&B is 12 to 15 months, indicating that the process is not speedy. Though NOSSCR and SSA may present different figures, the fact remains that it is a lengthy process.
What Can I Expect While My Claim is Pending?
Once you file a disability claim, whether you have hired an attorney or not, you can expect certain things while awaiting the outcome of your claim.
First, you will encounter a substantial amount of paperwork. To determine your disability status, Social Security requires specific information that only the claimant can provide. This includes details about your previous work – where and for how long you worked, and, importantly, the tasks performed; information about your pain – its location, severity, alleviating and worsening factors, etc.; and limitations caused by your medical conditions. Moreover, with each appeal, Social Security requests updated information regarding your condition, treatment status, and any changes regarding your work, even if your attempt to return to work was unsuccessful.
Second, Social Security has to request a consultative exam with a doctor of their choosing. This often happens when there is no recent medical treatment or there are conditions that are alleged on the disability application but for which a claimant is not receiving treatment. These include exams on both physical health conditions and mental health conditions.
What Happens Next?
The process of obtaining an initial decision, whether it grants or denies benefits, can take up to three to five months. If the benefits are denied, the next step usually involves filing a Request for Reconsideration, resulting in another three to five months of waiting for a decision on whether the benefits are granted or denied. If denied again, the subsequent step is filing a Request for a Hearing, which may take up to, and sometimes more than, twelve months to secure. An Administrative Law Judge conducts the hearing. Following the hearing, the judge may take another two to three months to decide. It is important to note that while these time frames exist, the duration of an individual case may vary.
You’ve Been Approved – Now What Happens?
Upon determination of disability, the Social Security Administration conducts regular claim reviews, typically every three-to-seven years, based on the severity of the recipient’s disability. Once your claim is approved, you will receive comprehensive information regarding these reviews. It is crucial to consistently seek treatment for your condition and stay attentive to any communications from the Social Security Administration.
Social Security Disability Benefits After Age 50
Understanding the over-age 50 guidelines is important when filing claims for Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits. In considering your claim, Social Security will consider the following factors:
Your Age: Social Security considers age, understanding that fewer jobs are open to people as they age.
Level of Education: Your level of education may qualify you for some kinds of “desk jobs” that require little, if any, physical ability.
Your Work History: If you can no longer perform the jobs you have always held in the last 15 years and are over the age of 50, then you may qualify for benefits under the “over age 50 guidelines.” For additional information, check our Social Security Over Age 50 page.
Gallon, Takacs & Boissoneault Can Help You
Filing a claim for Social Security Disability Benefits can be complicated, full of red tape and a lot of waiting. If you have any questions or need assistance in any part of your claim, contact Gallon, Takacs & Boissoneault. GT&B is the most experienced Social Security legal team in the area. Schedule a free consultation at one of our convenient office locations. Call 419-843-6663 or contact us online.
