When you are disabled and cannot earn a sufficient living, you may be eligible for Social Security disability benefits. To secure your benefits, you will need to meet specific qualifications, go through the application process, and be able to produce sufficient evidence of your disability. The process can be lengthy and somewhat complicated. Consider speaking to a Toledo disability attorney before you file for benefits. Gallon, Takacs & Boissoneault attorneys are dedicated to ensuring hardworking Toledo residents fully understand their rights and how to handle their SSA claims correctly.

What kinds of Social Security benefits might I be eligible for?

 

The Social Security Administration (SSA) oversees and distributes various benefits, including retirement, Medicare, survivors’, and disability benefits. There are two basic types of disability benefits:

  • SSDI – Social Security Disability Insurance (SSDI) benefits are those for workers who have sufficiently paid into the Social Security system and can no longer work because of a disability.
  • SSI – Social Security Income (SSI) benefits are for disabled children and adults with limited income and resources.

So long as they continue to meet the SSA’s requirements, recipients of both types of benefits receive an income check each month to help them meet their basic needs.

The amount of SSDI benefits you may receive depends on your work history and pre-disability income. The average SSDI benefit in 2022 was $1,277 monthly, and the maximum benefit was $3,148 monthly. On the other hand, SSI payments are based on your current income and resources. The maximum SSI payment in 2022 was $794 per month. Some states offer additional payments to supplement these benefits.

How do I qualify for benefits?

 

Qualifying for Social Security disability benefits can help provide financial assistance for those unable to work due to a serious medical condition. However, it is important to understand that the Social Security Administration (SSA) strictly defines disability. To meet their qualifications, you must have a medical condition that impairs your ability to work and is expected to last at least one year. Meeting these requirements may be challenging, but working with an experienced disability lawyer can help you navigate the process and increase your chances of receiving the benefits you deserve.

 

Medical Condition Qualification 

 

In its Blue Book, the SSA maintains a listing of impairments that qualify people as disabled. The SSA divided the listings into 14 sections, each of which contains a sublist of specific disabling medical conditions:

  • Musculoskeletal System
  • Special Senses and Speech
  • Respiratory System
  • Cardiovascular System
  • Digestive System
  • Genitourinary Disorders
  • Hematological Disorders
  • Skin Disorders
  • Endocrine Disorders
  • Congenital Disorders that Affect Multiple Body Systems
  • Neurological
  • Mental Disorders
  • Cancer
  • Immune System Disorders

 

Applying for SSDI

 

To qualify for disability benefits, certain requirements must be met. Your medical condition must meet one of three qualifications: it must be listed in the Blue Book, a combination of impairing medical conditions, or a condition deemed as severe as those listed. However, meeting the definition of disabled is not the only qualification. Earnings and income requirements must also be met. If applying for SSDI, adequate work credits must have been earned, according to the SSA’s guidelines. The number of credits required is dependent upon age, ranging from 12 credits for those disabled at age 30 to 38 credits for those disabled at age 60.

 

Applying for SSI

 

When it comes to applying for SSI, work credits are not a determining factor for eligibility. Instead, the focus is on an individual’s income and resources.

 

Income Limits:

 

As of 2023, the income limit for individuals is set at $794 per month, with the limit for a couple being $1,191 per month. These limits may change each year based on inflation. The Social Security Administration (SSA) includes all income in its calculations, including wages, Social Security benefits, and pension income. Additionally, certain types of income, such as food and shelter provided by others, may also be included in the calculation.

 

Resource Limits:

In addition to income, the SSA also considers an individual’s resources when determining SSI eligibility. As of 2023, the limit for resources is set at $2,000 for individuals and $3,000 for couples. Resources can include anything of value, such as money in a bank account, stocks, and real estate. It’s essential to note that not all assets are counted in the resource calculation, such as a primary home and one vehicle.

 

How do I apply for disability benefits?

 

You can apply for benefits online, via phone, or at a local Social Security office.  The seven-page application is daunting, and you must ensure you fill it out thoroughly and carefully to preserve your rights to benefits.

Our disability team at Gallon, Takacs & Boissoneault can help you with all the paperwork and ensure everything is accurate and complete. Also, you will need to gather a host of documents/information to have on hand when you apply, such as:

  • Your birth or baptismal certificate
  • Social security card
  • Contact information for all of your doctors, caseworkers, hospitals, and clinics that took care of you
  • An Adult Disability Report
  • Your medical records, including your lab and other diagnostic test results
  • A list of all of your prescriptions
  • Your most recent W-2 Form or tax returns

You must submit several other forms to the SSA and certain forms you will need to give your doctors to fill out.

If it seems like a lot, you are right: it is. The federal government is very strict about disability benefits and requires specific and thorough supporting evidence. But your Toledo Disability Attorney can help. They can explain what forms you need, help you collect the necessary paperwork, and ensure everything is accurate.

 

How can a Toledo Disability Attorney help me if the SSA denies my application?

 

The Administration denies more than half of all Social Security disability claims, according to the SSA. Additionally, it denies some claims because of technical details such as incomplete documentation, while it denies others because applicants failed to meet the medical prerequisites. In any event, if the SSA denies your application initially, you can appeal the decision. Moreover, there are four levels of appeal:

 

Reconsideration

 

Once your application is submitted, the SSA will provide a decision, which may take up to six months. Regrettably, over half of initial applications face denial. If benefits are denied, you can appeal. The initial level of appeal is Reconsideration, involving a new disability examiner assessing your case.

 

Hearing by an administrative law judge

 

If your claim is denied at the Reconsideration level, the next step is to request a hearing with an administrative law judge. During this hearing, you can present your case to the judge, and additional medical records or statements from your healthcare providers can be submitted. This process can take up to two years to schedule, and it may be necessary to have representation from a disability lawyer.

 

Review by the Appeals Council

 

If the hearing level denies your claim or gives an unfavorable decision, you can request a review by the Appeals Council. The Appeals Council will review your case, issue a decision, or send it back to the administrative law judge for further review. This level of appeal may take up to a year to complete.

 

Federal Court review

 

If you have exhausted all other levels of appeal, you can request a review by a Federal Court. A Federal Court review represents the final stage of appeal within the disability claim process. A disability lawyer can offer representation at the Federal Court review, where a judge will decide whether to approve or deny your claim.

 

Get the Disability Benefits You Deserve with Gallon, Takacs & Boissoneault.

 

Applying for Social Security Disability benefits can be a complex and time-consuming process. Throughout the process, the Social Security Administration (SSA) communicates with applicants by mail, sending decision letters that either approve or deny their claims. If your claim is denied, seeking legal counsel before attempting to appeal is strongly recommended. Working with a knowledgeable Toledo disability attorney who understands the intricacies of the SSA system can help ensure that your application is thoroughly prepared for reconsideration, improving your chances of approval. To learn more about securing the disability benefits you and your family need, contact Gallon, Takacs & Boissoneault in Toledo at 419-843-6663 or fill out our online contact form for a no-cost, no-obligation consultation.