Social Security Attorney Available in Clermont County, OH

You can apply online at the Social Security Administration website or schedule an appointment at your local Social Security Administration office.  

When applying for  social security, understand it is an extremely complicated process. 

You should not attempt to navigate the process on your own. A qualified, experienced social security attorney will certainly improve your chances of receiving those social security benefits to which you are entitled.  

The process can last approximately twenty-seven months from the initial application to the hearing date in southwestern Ohio.   

The process includes completing all the necessary paperwork, obtaining all the necessary medical records and meeting the various deadlines.  The process begins with the initial application.   

If you are working and earning a predetermined amount set by the Social Security Administration per month, you are not eligible for either Social Security Disability Benefits or Supplemental Security Benefits.

To be eligible for Social Security Disability Benefits, you have had to have earned at least 20 credits in the past 10 years. You must have engaged in substantial gainful activity for 20 of the past 40 quarters.

 If you are a younger worker, Social Security Administration has carved out exceptions based upon your age. 

To determine your eligibility, contact a qualified attorney or Social Security Administration directly.  

At the initial application the claimant provides information. The social security claimant fills out forms. This should never be taken lightly. As over the years, I have read countless decisions by Administrative Law Judges which directly quote from these early written statements. Statements which are used by the Administrative Law Judges to support unfavorable decisions.   

Should the Social Security Administration determine you are not disabled, you have the right to appeal this decision. You should consider obtaining legal representation at this point. 

Should the initial application be denied, you have 60 days to appeal this decision. This calculation will include a five day mailing period from the date of the denial letter. However, you must be cautioned, as a sixty day appeal period sounds as though such is in the distant future, this is not the case. You should schedule an appointment with an attorney as soon as the decision is received. 

The cost of representation should not prevent you from obtaining legal counsel. Your attorney is only paid if your claim is successful! Your representative in most circumstances will receive 25% of your back benefits up to $6,000. 

The first appeal of the initial application is the reconsideration phase. It is at this point that the Social Security Administration appoints an attorney adviser. Your legal representative should obtain the additional medical records necessary for consideration. These may include those records not received during the initial phase.  The attorney adviser will at times communicate with your representative in an effort to obtain the documentation necessary to make a decision.  

Once the reconsideration phase is completed and should the decision remain unfavorable, you retain the right to yet appeal this decision. This is done by filing a request for a hearing before an Administrative Law Judge (ALJ).  

As the date for the hearing approaches, your counsel will meet with you and prepare you for the upcoming hearing. Although your situation is unique, the questioning by the ALJ is not. An experienced attorney will be quite familiar with the process and the anticipated questions.  

Preparation for the hearing cannot be over emphasized. 

As I prepare each and every claimant, I require at least two hours to adequately address all the potential issues to be presented and review the medical records with my client. 

Based upon your address, the hearings will take place at 312 Elm Street, Cincinnati, Ohio. Although not recommended, the hearing can be in front of an ALJ located at some other location.  This is commonly referred to as a video hearing. Should you refuse a video hearing, the hearing will take place in front of an ALJ who will personally preside over the hearing. 

Although ALJs typically inform claimants that a decision will be rendered in thirty days should the record be closed, the fact is the decision may be rendered in thirty days, however bureaucratic delays (beyond the control of the ALJ) stretch this to sixty days.   

Should your decision remain unfavorable, you have the option of appealing the matter to the Appeals Council. An appeal is done by submitting a brief or a letter of appeal directly to the Appeals Council. There will be no in-person appeal.  

At this stage, you cannot start a new claim while the matter is pending before the Appeals Council.  

The Appeals Council has the option of granting the review. They can then determine whether or not to remand the matter for further consideration with remand orders. They can determine the ALJ’s determination is proper. Or the Appeals Council can simply reply that they see no reason under their rules to review the matter.  

If the Appeals Council supports the ALJ’s unfavorable decision you have the option of appealing the matter to the Federal Court for appeal.  

While the matter is pending in Federal Court, the claimant has the option of filing a new claim.  

The ALJ engages in what is termed the five step sequential determination.  

At the first step the ALJ determines whether or not the claimant has engaged in substantial gainful activity.  Social Security Administration defines Substantial Gainful Activity (SGA) as work activity that involves doing significant physical or mental activities. SGA is defined as engaging in work activity and a set amount of earnings per month. 

Should your earnings exceed the SGA predetermined amount per month, your claim will be denied as the ALJ will find that you are not disabled regardless of how severe your physical and mental impairments are regardless of age, education and work experience. Should the ALJ determine that you are not engaging in SGA, the ALJ continues to the next step of the process. 

At this step the ALJ must determine whether you have a medically determinable impairment that is severe or a combination of impairments that is severe. 

Your impairment is considered severe if it significantly limits your ability to perform basic work activities.  If your impairment or combination of impairments are not considered severe, the ALJ will determine you are not disabled.  If, however, the ALJ determines that you have a severe impairment or combination of impairments, then the ALJ shall continue to the next step. 

The ALJ then must determine whether or not your impairment or combination of impairments meets or equals the listing and meets the duration requirements.  If your impairments meets or equals the listing and the duration requirements, you are determined disabled. If the ALJ does not make such a determination, the ALJ shall proceed to the next step in the process. 

Your residual functional capacity is your ability to do physical and or mental work activities on a sustained basis despite the limitations resulting from those severe impairments.  In making this determination, the ALJ is required to consider not only the effects of your severe impairments but also the effects of your non-severe impairments.  

The ALJ will consider whether or not, given your residual functional capacity, you can perform the requirements of your past relevant work.  In making this determination, the ALJ must consider whether or not you can perform the mental and physical work activities on a sustained basis despite these limitations.  

If the ALJ determines you can return to your past work, you are determined not to be disabled. 

At this, the final step in the sequential evaluation process, the ALJ must determine whether or not you can do any other type of work considering your residual functional capacity.  If the ALJ determines that you have the residual functional capacity to work other jobs in the U.S. economy you are not disabled. 

However, if the ALJ determines you are not able to do any other type of work and you meet the duration requirements you are considered disabled.