You may apply for disability benefits in Ohio with the U.S. Social Security Administration (SSA) if you have a disability that prevents you from working. If you can’t work, you can’t earn an income. If you can’t earn an income, you can’t pay for necessities like food and shelter. Disability benefits can help you cover the costs of these essentials.
However, it’s important to be aware that the SSA denies most initial claims for disability in Ohio. That’s not to say you can’t receive benefits if your claim gets denied. If the SSA denies your claim, you can put together an Ohio disability appeal.
The following guide will describe the process. Be aware that enlisting the help of an Ohio disability appeal attorney can simplify this task while potentially improving your odds of receiving an approval.
Why Are Claims Denied in Ohio?
The SSA only approves approximately 36.6% of initial disability claims in Ohio. That means that most people who apply for disability in the state will need to appeal if they wish to actually receive benefits.
There are many reasons the SSA may deny a claim. The following are common examples:
- Insufficient medical evidence: The SSA’s goal is to provide benefits to those who genuinely can’t work because of disabling conditions, and not to those who simply wish to avoid working. Thus, the SSA requires applicants to provide substantial medical evidence to prove they have valid disabilities. The most common reason for the SSA to deny a claim is the lack of sufficient medical evidence to prove an applicant meets the eligibility criteria.
- Failure to meet work requirements: One of the disability benefits programs you may apply for, Social Security Disability Insurance (SSDI), requires that an applicant have worked and paid into Social Security for a certain period of time before they qualify for benefits. The SSA may deny a claim if an applicant doesn’t meet the work requirements.
- Missed deadlines: It’s important to stay on top of deadlines when applying for disability insurance, as missing any could negatively influence the outcome of your case. An Ohio disability appeal lawyer can help you submit all necessary documentation and paperwork in a timely manner.
The SSA will send you an official denial letter if it denies your claim. The letter will provide information about the reason for a denial. Review this information thoroughly. Understanding the reason a claim was denied is key to mounting a proper Ohio disability appeal.
The letter may also provide information about how to appeal. Be sure to check for deadlines, as submitting appeal paperwork promptly is critical.
Step 1: Request for Reconsideration
The first step in an Ohio disability appeal is a request for reconsideration. This essentially involves asking the SSA to review your claim again with a fresh set of eyes.
The approval rate at this stage is relatively low. However, you typically need to complete this stage before moving to the next step in the appeals process.
Step 2: Hearing Before an Administrative Law Judge (ALJ)
If your request for reconsideration is unsuccessful, your next option is to request a hearing before an ALJ, a judge who handles cases like this. Your hearing will take place at an office in Ohio. During the hearing, you have the chance to present your case in person.
Preparing for this hearing thoroughly is essential. Make sure you have all the medical evidence you need to support your claim. You could also strengthen your case by getting statements from doctors and others who may be able to speak to the way your disability prevents you from working.
An Ohio disability lawyer can help you thoroughly prepare for a hearing. They can also provide representation during the hearing itself, taking a lot of pressure off of you. Be aware that, along with gathering extra documentation and coordinating with other witnesses, you may need to be prepared to answer questions the ALJ will ask. Common topics the ALJ might ask about include:
- The types of demands your previous jobs involved and why you’re no longer able to work those jobs
- Whether you have any education, vocational training, or other such personal resources that could affect your employability
- Whether you’ve made an attempt to work since becoming disabled
The ALJ might also ask about topics you shouldn’t bring up yourself—but certainly shouldn’t lie about if the ALJ does bring them up. For example, they might ask about drug and alcohol use.
Again, none of this needs to be as stressful as it might seem. An Ohio disability lawyer can help you prepare for the types of questions an ALJ might ask.
Step 3: Appeals Council Review
The next step is to request an Appeals Council Review if the ALJ, after hearing you present your case, still denies your appeal. You usually have to submit a written request for an Appeals Council Review within 60 days of receiving the ALJ’s decision. Once more, checking for deadlines is imperative.
The Appeals Council serves as a judicial body for the SSA. Its function is to review decisions made by ALJs. If the Appeals Council disagrees with the ALJ, it has the power to reverse the judge’s decision. The Appeals Council will look for errors to determine whether a reversal is necessary.
Sometimes, the Appeals Council will send a case back to an ALJ for further consideration. In other cases, it may deny or approve a claim outright.
Step 4: Federal Court Review
You can file in federal court if your claim has been denied at all previous levels. You’re basically filing a civil suit when you do this, suing the government for improperly denying an application for benefits.
It’s wise to hire a lawyer from the start when applying for disability benefits in Ohio. However, it’s particularly necessary at this stage. If you haven’t already, contact an Ohio disability appeals attorney now.
Deadlines for Filing an Appeal in Ohio
Missing a deadline is an easy way to lose your right to benefits. Remember to thoroughly check any information you receive from the SSA for more information about deadlines.
Usually, you have 60 days to request a reconsideration after an initial denial, 60 days to request a hearing after a denial at the reconsideration level, and 60 days to request an Appeals Council Review if the ALJ still denies your claim.
Don’t let deadlines hang over your head. Consider how working with a lawyer can relieve you of the burden of meeting these critical deadlines.
It’s worth noting that there’s no limit to how many applications you can submit. The problem is, that if you miss a deadline, you’ll have to start the application process all over again.
How Long Does the Appeals Process Take in Ohio?
The length of the appeals process can vary significantly depending on how many stages it involves. It often takes about four to six months for the SSA to review an initial claim. Because a reconsideration is essentially a second review, it can take about the same amount of time.
According to the SSA itself, in 2023, it took an average of 450 days for an applicant to receive a decision via appeal. Although the process can take time, remaining committed is key to receiving the benefits for which you may be eligible. Factors that can influence the timeline include:
- The complexity of your case
- The backlog of cases with the SSA
- The availability of ALJs in Ohio
Working with a Disability Lawyer in Ohio
An Ohio disability lawyer can help you in many ways when you’re seeking benefits. By working with an attorney who is familiar with Ohio’s SSA offices and ALJs, you’ll be in the hands of someone who knows how to properly navigate a case like yours. They may also understand any Ohio-specific processes that could vary from the process in other states.
An Ohio disability appeals attorney could specifically help you by:
- Clarifying the reason for a denial
- Gathering additional evidence necessary
- Contacting witnesses and gathering statements
- Completing and submitting paperwork
- Preparing you for hearings
- Representing you at every stage of the process
These are just a few reasons to strongly consider enlisting a lawyer’s help when you believe you deserve benefits. Learn more by taking the Free Case Evaluation today to speak with an Ohio disability appeals lawyer who may be able to help with your case.
