In regard to Social Security benefits, a disability refers to a physical or mental impairment that prevents someone from engaging in substantial gainful activity (SGA) and is likely to last for at least 12 consecutive months. The Social Security Administration (SSA) provides disability benefits to those who meet the specific criteria outlined in its regulations. A Social Security Disability Attorney from Dyer, Garofalo, Mann & Schultz can help you through the legal process. Here’s a closer look at what the SSA considers a disability.
A disability under Social Security can result from a wide range of physical or mental impairments significantly limiting someone’s ability to perform basic work-related tasks. These impairments may be due to congenital conditions, injuries, illnesses, or degenerative diseases. Examples include musculoskeletal disorders, cardiovascular conditions, respiratory impairments, mental health disorders, neurological disorders, and sensory impairments.
To qualify for Social Security disability benefits, an individual must demonstrate that their impairment prevents them from engaging in SGA, which is work that involves significant physical or mental activity and results in earnings above a certain threshold set by the SSA. As of this writing, the SGA threshold for non-blind individuals is $1,550 or higher per month. It’s $2,590 per month or higher for those who are blind. For more information contact a Social Security Disability Lawyer today!
Get a Disability Attorney todayApplying for Social Security disability benefits is quite challenging. Navigating through the rules and requirements makes it critical to have the best possible representation.
Given the high rate of denials, you need to consult with an experienced disability lawyer who helps clients with Social Security disability claims. Our team from Dyer, Garofalo, Mann & Schultz can guide you through the application process and assist you with appealing a denial each step of the way. Our Social Security disability attorneys are ready to fight for your disability benefits throughout the Ohio, Indiana, and Kentucky states.
When you apply for Social Security Disability Insurance (SSDI) benefits, you can rest easier once you retain legal services.
SSDI attorneys are well-versed in the process and criteria involved in obtaining benefits. They will thoroughly review your records and work history to determine if you meet the Social Security Administration’s (SSA’s) definition of a disability.
In case your claim is initially denied, an attorney can assist you throughout the appeals process by gathering the needed evidence. They will use this supporting information to present an argument as to why you deserve benefits.
Having a disability lawyer on board also means having someone who will advocate for you when corresponding with the SSA on your behalf.
A lawyer is responsible for:
There are no guarantees that your claim will succeed when you hire an attorney, though the chances increase when you have a valid claim. The right attorney knows how to prove valid disability claims by presenting persuasive evidence to the SSA.
Although the Social Security Administration (SSA) allows individuals to submit disability applications and follow the appeals process themselves, it often puts an applicant at a disadvantage. Therefore, seeking assistance from a Social Security disability lawyer can significantly strengthen your case and its outcome.
Our social security disability attorney Robert Raper, who heads the firm’s social security disability practice, has over 25 years of experience handling this type of case. Mr. Raper represents clients at all stages of the disability process and is prepared to handle social denials coast to coast, from offices located in Ohio, Indiana, and Kentucky states.
From our offices based in Ohio, Kentucky, and Indiana, our disability lawyer from Dyer Garofalo, Mann, and Schultz is standing by ready to handle disability cases in all 50 states, coast to coast. With years of extensive experience representing clients from their initial application to the hearing level, we are also prepared to take our clients’ disability appeals to the Appeals Council or federal court if necessary.
When pursuing a disability benefits claim, you need to have a legal rep in your corner – someone who knows every detail about the SSDI claims process. Never underestimate the value of this experience. Use the skills of an SSDI attorney to guide you through the legal maze of filing a disability claim.
While you can handle the process yourself, the possible consequences are too significant to ignore. Our law office is equipped to handle disability cases virtually in a safe, secure, and organized way, which means you can challenge your disability denial from the comfort of home with a Dyer, Garofalo, Mann & Schultz lawyer there to help you through each step of the process.
Free Case ConsultationThe SSA uses a five-step evaluation process to determine eligibility for disability benefits, considering factors such as the following:
The process involves assessing whether the individual meets the criteria for disability as defined by the SSA regulations and guidelines.
To support a claim for Social Security disability benefits, you must provide medical evidence documenting the nature and severity of your impairment(s) and how they affect your ability to work. This evidence typically includes medical records, diagnostic test results, treatment history, physician statements, and other documentation from healthcare providers. The SSA evaluates the medical evidence to determine whether you meet the criteria for disability.
You may have already learned just how hard it can be to get SSA disability benefits. There are a lot of reasons this process can be so challenging and take so long. These include stringent eligibility criteria, complex application procedures, and bureaucratic hurdles. While disability benefits provide crucial financial support, the system can present significant obstacles. Here are some of the most difficult challenges people typically face when seeking disability benefits:
The SSA maintains strict eligibility criteria for disability benefits, as you saw earlier. Meeting these criteria often requires comprehensive medical documentation and evidence to support the disability claim. This evidence can be difficult to obtain, especially if you have a less obvious or subjective impairment, such as a mental health disorder or a chronic pain condition.
The application process for disability benefits is notoriously complex and time-consuming. Applicants must complete extensive paperwork, provide detailed medical records and documentation, and undergo evaluations and assessments by healthcare professionals. The application may involve multiple stages, including the initial application, reconsideration, and potentially hearings and appeals if SSA denies the application. Dealing with this process can be overwhelming, especially for people with limited resources or support.
The SSA faces a significant backlog of disability claims, resulting in lengthy wait times for applicants seeking benefits. Delays in processing applications and scheduling hearings can prolong the wait for a decision, worsening your financial hardships if you can’t work due to your disability. According to SSA data, the average wait time for a disability hearing can range from several months to over a year, depending on the region and caseload.
Getting the medical evidence and documentation to support a disability claim mentioned above can be a major challenge. The SSA requires comprehensive medical records, diagnostic test results, treatment history, and physician statements to establish the severity and impact of the impairment on your ability to work. Obtaining these records can be difficult, especially if you don’t have access to regular healthcare or have to see multiple doctors due to having a complex medical condition.
Disability determinations involve a degree of subjectivity on the part of SSA adjudicators and administrative law judges. Decisions may hinge on interpretations of medical evidence, assessments of functional limitations, and evaluations of the claimant’s credibility. Factors such as inconsistent medical documentation, conflicting opinions from healthcare providers, and subjective assessments of pain and impairment can influence the outcome of a disability claim.
When choosing a Social Security disability lawyer, you need to look for experience – someone who has helped others with cases similar to your own.
To ensure the right fit, consider asking the following questions:
An experienced lawyer understands the intricacies of this process. They have also established relationships with local caseworkers and judges. Look for someone who has five to 10 years of experience representing disability claimants.
A lawyer’s effectiveness is measured in terms of their success rate in handling applications and appeals. Success rates may range from 50% to 70% for applications and 60% to 80% for appeals.
It is important to work with an attorney who’s familiar with your specific disability. That way, they’ll know what medical evidence and legal arguments are most effective when submitting an application and presenting your case. So, inquire about their experience with impairments that are similar to yours.
If your initial disability claim is denied, there’s no need to lose hope. Many applicants are denied when they first submit a claim. You can appeal your claim and win benefits upon an appeal. The appeals process comprises several major steps aimed at challenging and overturning the denial.
The first step involves requesting a reconsideration of your claim from the Social Security Administration (SSA). To ensure your request is considered, make sure to submit it within 60 days after receiving the notice of denial.
Include any evidence that supports your claim and provide a detailed explanation of how your condition hinders your ability to work. Your attorney can help you further strengthen your claim.
If your reconsideration is denied, you have the option to request an appeal hearing before an administrative law judge (ALJ). This hearing allows you to personally appear and present witnesses who can support your claim on your behalf. It also gives the ALJ a better understanding of your condition.
Keep in mind that scheduling a hearing can take anywhere from six to 18 months. Therefore, it’s important that you continue to seek treatment during this time to bolster the reason for submitting a claim.
Should the ALJ deny your claim, you can still turn to the SSA’s Appeals Council. They will carefully review the decision made during the hearing and determine if further action is warranted.
Their evaluation could result in upholding or reversing the ALJ’s decision or even sending your case back for another hearing. This final stage of the appeal process may take up to a year before a decision is made.
You can file a civil lawsuit against the SSA in court if you still have not been approved for claim benefits. Although this step does involve additional time and paperwork, it’s still worth pursuing the lawsuit if you’ve come this far and you are working with an attorney.
If the SSA denies your disability claim, an experienced Dyer, Garofalo, Mann & Schultz attorney can help you deal with all the complexities and improve your chances of obtaining the benefits you deserve. Here are just a few of the many ways we can help.
One of our skilled disability lawyers will thoroughly evaluate your case to determine the reasons for the denial. We’ll then recommend the best course of action moving forward. We’ll review your medical records, the SSA’s decision, and other relevant documentation to identify potential weaknesses in your claim and opportunities for appeal.
Trying to handle the appeals process can be as complex and daunting as filing your initial claim. This is especially true if you don’t know SSA regulations and procedures. A Dyer, Garofalo, Mann & Schultz lawyer has the experience to guide you through each stage of the appeals process. These include:
We can also help strengthen your disability case by gathering additional medical evidence, obtaining expert opinions, and preparing persuasive written arguments and testimony for your appeal. Your Dyer, Garofalo, Mann & Schultz attorney can work with your healthcare providers to ensure that your medical records accurately reflect the severity and impact of your impairments on your ability to work.
If your disability claim gets to a hearing before an administrative law judge, having legal representation can significantly improve your chances of success. We’ll represent you at your hearing, cross-examining witnesses, presenting evidence, and making compelling arguments. We’ll do everything we can to protect your rights and give you the chance to present your case thoroughly before the judge.
Sometimes, the SSA may offer to settle your disability claim through a negotiated agreement known as a “waiver settlement” or “compromise settlement.” We can help negotiate a fair settlement that provides you with the benefits you deserve while avoiding the need for further litigation or appeals.
If the administrative law judge denies your disability claim, you can appeal the decision to federal court. A Dyer, Garofalo, Mann & Schultz lawyer can represent you in federal court proceedings, where they’ll argue your case before a federal judge and present legal arguments challenging the SSA’s decision. Appealing to federal court can be complex and time-consuming, but one of our seasoned attorneys will have the skill and experience to deal with any complications that could arise.
Dyer, Garofalo, Mann & Schultz disability attorneys are well-versed in Social Security regulations and guidelines. We’ll help ensure you receive the maximum benefits to which you’re entitled under the law. We can advise you on other potential sources of disability benefits, such as workers’ compensation or private long-term disability insurance, and help you coordinate multiple benefits.
In certain circumstances, such as terminal illness or dire financial need, our disability attorneys can request expedited processing of your disability claim to ensure you receive benefits as quickly as possible. We’ll provide the documentation the SSA requires to support your request for expedited processing.
To be eligible for Social Security disability benefits, you must have a condition that meets the definition of a disability set by the Social Security Administration (SSA). The SSA oversees two disability programs that cover people who need compensation along these lines.
SSDI offers benefits to individuals who are disabled or visually impaired and have contributed to the Social Security trust fund through their work. To qualify for SSDI, you need to have earned work credits by working, earning an income, and paying Social Security taxes. The number of work credits required varies based on your age at the time you became disabled.
SSI provides benefits to adults and children. Recipients receive little or no income and limited financial resources. Unlike SSDI, SSI is funded by tax revenues rather than Social Security taxes. Therefore, your eligibility for SSI is not dependent on your employment history.
SSI and SSDI are two different government benefit programs in the United States, with the following differences:
The key differences are the funding source (general taxes vs. Social Security taxes), the income/asset eligibility rules that apply for SSI but not for SSDI, and the work history requirements for SSDI.
However, both require that you meet Social Security’s definition of a disability. Many recipients qualify for both SSI and SSDI simultaneously. The SSA defines simultaneous qualifications as concurrent support.
Disability claims undergo evaluation using a five-step process. To move forward to the next step, you must meet the requirements outlined at each stage. This is called Sequential Evaluation – a standard the SSA uses for the acceptance or denial of claims. Your claim does not necessarily have to go through all five steps before a decision is made.
The Social Security Administration (SSA) will carefully examine your records from healthcare providers, including doctors, hospitals, and therapists. Their goal is to determine whether you meet the criteria outlined for disability pay.
On average, the process takes around 3 to 5 months before a decision is reached on a disability claim. However, complex claims may take longer to process. The waiting period is known as the elimination period, with some exceptions made to the rule.
As noted, in the event that your claim is denied, you have the right to appeal. Approximately half of the claim denials proceed to a hearing before an administrative law judge (ALJ) before getting approved.
As long as your medical condition doesn’t show signs of improvement and you remain unable to work, you will continue to receive benefits. Reviews for SSDI are conducted periodically to confirm your eligibility for the plan.
Navigating through the application and appeals process for Social Security disability is indeed quite challenging. That’s why having an experienced Social Security disability lawyer by your side is both important and invaluable.
A social disability lawyer possesses all the knowledge needed to know SSA laws and procedures. Therefore, they can present a compelling case on your behalf for claiming SSDI benefits.
Several common diseases and medical conditions may qualify individuals for disability benefits under SSA guidelines. Some of the most common diseases and medical conditions that may apply to disability benefits include:
One significant negative factor to consider when relying on Social Security Disability benefits is that an individual’s past earnings determine the amount received.
See more negative factors here: Negatives Of Getting Social Security Disability
Parents caring for a disabled child may access various benefits, including:
See more about each benefit here: Benefits For Parents Caring For A Disabled Child
Social Security Disability Insurance (SSDI) offers crucial financial support to individuals with disabilities with these programs:
Read more about each eligibility here: What Other Benefits Can I Get With SSDI?
SSDI is a federal program that many Americans rely on for financial support. One common question is how age affects the approval process.
Read more about it here: What Is The SSDI Approval Rate By Age?
8 months ago 
When I started this Journey with Dyer, Garofalo, Mann, & Schultz as a last ditch effort to get Social Security Disability because I have been unable to work and still am not able to work, I thought this was going to be another disappointment. However, they took on my case and after a long process I was pleasantly surprised. Not only did my claim get granted, but all along the way the staff was so very helpful and never once got frustrated with me along the whole process and they always believed in me. I would absolutely recommend them to any family or friend. I cannot thank them enough for what they have done for me. I am soo very grateful. Thank you soo much Dyer, Garofalo, Mann & Schultz.
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