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Claiming SSDI Benefits

  • By: Mark Nesbit
  • Published: May 24, 2021

Claiming Social Security Disability Insurance Benefits can be a long and arduous process. Without the help of an Ohio Social Security Disability Attorney, the process can become even longer and more costly. If you have already submitted a claim and have been denied, the next step should be contacting an attorney and enlisting their assistance in assembling an appeal. During this appeal, you will have the opportunity to go to a hearing and present your case alongside your lawyer. A component of presenting this case is presenting evidence and testimony, which comes in a few varieties.

What Is Non-Medical Evidence

Non-medical evidence, as defined by the Social Security Administration, is any testimony or evidence presented from a non-medical source. This could include testimony from the claimant or any person or authority with valuable insight into the situation but does not possess medical training. Sources include family, employers, welfare personnel, caregivers, and various other entities.

These sources will not be allowed as evidence when initially establishing the impairment but will be accepted in any necessary circumstances after the fact. This means that if the disability has been established, but the claim was denied for any number of other reasons, testimony and evidence from non-medical sources will be allowed. A fitting example of this would be the administrative judge law hearing in the second stage of appeals. During this hearing, the claimant, attorney, and various witnesses may testify or present evidence. Since the impairment has already been established but the claim was denied, non-medical evidence would be allowed.

Do I Have To Quit My Job Before Applying For Disability Insurance Benefits?

While the general rule is that claiming Social Security Disability Insurance Benefits in Columbus, OH, means you are unable to work, there a few nuances that are essential to consider when thinking of filing or even after you do. The most crucial factor to remember is to not quit your job before filing for benefits. If you leave your livelihood voluntarily, you will be automatically denied any services and will not be considered for appeal.

Retaining the knowledge and expertise of a Social Security Disability Claims Lawyer will help you avoid the pitfalls and mistakes that usually run rampant in the disability claims process. Without one, you run the risk of extending an already lengthy process by months, if not years and adding thousands of dollars on top of what you have already spent. Easily avoidable mistakes like quitting your job too early or not documenting your injury early enough in the process are all opportunities for error.

By documenting your injury before any action is taken in the workplace, you guarantee that your claim will be safe, at least for the time being. Even if you do not leave work voluntarily, being laid off, for example, you run the risk of having your social security disability insurance benefits revoked or denied. After being injured, ensure you contact an attorney as quickly as possible to receive coaching on how to proceed and what to avoid in the near future.

There may also be the concern that your work or supervisor may retaliate or lash out at a worker trying to claim disability insurance. However, this is yet another situation in which an attorney with knowledge of the local area could be of assistance. Both in Columbus, OH, and on the federal level, there are protections put into place that protects employees from adverse action by their employer during this time. Your Ohio Social Security Disability Attorney can advise you on the protections you carry, as well as how to deal with any negative repercussions you may be facing.

How An Individual Is Determined Eligible

There are several criteria that you must fall into when applying for benefits. Factors such as your job status and your ability to perform that job are at the top of the list and the most easily understood. If you have not voluntarily left or been removed from the workplace and apart from a few exceptions, your chances of successfully claiming social security disability go up.

The next set of criteria concern the condition itself and how it affects your day-to-day life. The nature of the injury or disability will be taken into account. If it meets the guidelines for a listed medical condition outlined by the Social Security Administration Blue Book, you will move onto further examination. The severity of the situation is also crucial in determining status, and at this point, consulting an attorney will be your best bet. They will refer you to a medical professional who will evaluate you and determine the severity of the situation. Your attorney will then be able to advise you whether it is wise to continue with the claim or if it will result in nothing more than a denial after months of waiting.

Suppose the condition is deemed severe enough to limit your capacity for work in your current situation. In that case, the next stage is evaluating your ability to complete work in a different way or position. If you cannot continue work outside of your typical workplace, the chances are that your claim will not be accepted, and reemployment will become necessary. There may be ways to work within these bounds to keep your claim alive. Still, you will need to heed the advice of an Ohio Social Security Disability Attorney who will have access to competent medical professionals to work with you.

At Nesbit Law Office, you will find a degree of care and compassion unmatched by other firms you may approach. We understand how challenging this already difficult situation can become, and we will work with you to find a favorable resolution to your struggles. Regardless of the point in claiming Social Security Disability Insurance Benefits you may be, it is never too late to enlist the services of a professional. Contact Nesbit Law Office in Columbus, OH, today to consult with a Social Security Disability Claims Lawyer and discuss the details of your potential claim.

Mark Nesbit, Esq.

Mark Nesbit has been practicing law for more than
18 years and established his own firm in downtown
Columbus in September 2002. Read More

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