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To win a claim for Social Security disability in Ohio evidence is based on your inability to work. The Social Security Act defines disability as a "person's inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months". A Social Security Disability lawyer can help you and you will win your case only if SSA or the Administrative Law Judge in Ohio will deems you disabled if: (1) You cannot do the work that you did in the past 15 years; (2) You cannot adjust to other work because of your medical condition(s); (3) Your disability has lasted or is expected to last for at least one year or to result in death; or (4) your condition meets a Listing of impairments.
In Ohio, this definition of disability is strictly enforced. Social Security pays benefits only for total disability. There are no benefits payable for short-term disability (as there is in private health plans). Social Security Disability program rules in Ohio assume that working families have access to other resources to provide support during periods of short-term disabilities, such as workers' compensation, private insurance, savings and investments.
An experienced Social Security Disability lawyer in Ohio Patrick Merrick explains reasons why SSA or the Administrative Law Judge can deny your claim:
You are unable to provide medical proof of your condition (either tests were not performed or evidence was not submitted).
The Impairment(s) are considered “non-severe” and Social Security only considers “severe” impairments when analyzing their effect on your ability to work.
Your injury or illness is a direct result of substance abuse. If substance abuse is a material factor in your inability to work the social security disability rules in Ohio provide a reason to deny your case.
It is improbable that your disability will last longer than one year. Some conditions, although severe, are expected to improve. If this is the case - they cannot be counted toward your claim.
Your ability to perform at work is unaffected. Some claimants have conditions that are verified, yet the impact on their ability to work (walking, standing, lifting, sitting) are minimally affected.
You can perform an another job to substitute for your previous occupation. If you are able to perform a job less strenuous than the one your performed in the last 15 years, social security may tell you to do that work. If you are 50 (or 45 if you are illiterate or unable to communicate in English) the rules change and you can win your case if you have never performed the less strenuous work (social security disability rules provide that the older you are the less capacity you have to learn or adapt to new jobs.
You are “non-compliant” meaning that you do not adhere to the instructions pertaining to your medication or what your doctor says about your treatment. For example: Social security cannot tell you that you have to have a surgery; however, if your doctor thinks that a surgery will help your condition and get you back to work social security can use this as a reason to deny your claim.
You go back to work - when you apply for disability you are saying that you are disabled and unable to work. So, if you go back to work it is opposite of what you need to prove to win the case.
An experienced disability lawyer in Ohio understands that when your application for social security disability is being processed, your application will be subject to every rule and regulation in order to identify a defect in your claim. In Ohio, the majority of disability cases are denied on first application (about 60%). You can appeal the first denial and this is called “Reconsideration” - about 80% of these decisions are the same as the first. The second appeal is for a hearing with the social security disability administrative law Judge in Ohio. It can take a year to wait for this hearing. Depending on the hearing office - win rates can vary by judge - with some denying 85% of cases and others approving 70% of cases. Unfortunately, you cannot choose your judge or everyone would choose the good (favorable ones).
If your application for Social Security Disability is denied, an experienced disability lawyer in Ohio Patrick Merrick recommends that do NOT reapply. If you reapply you are starting back from scratch. This is a common mistake made by applicants for disability benefits. Instead, you should file an appeal (as discussed above. An experienced Social Security Disability Lawyer in Ohio can help you through the disability appeals process. Claimants that have lawyers working on their cases often have a much higher chance of winning than those that do not.