Newark
Social Security Disability Lawyer

On This Page

1. Common Qualifying Disabilities for Social Security Benefits
2.  What Is a Substantial Gainful Activity?
3. What Is Residual Functional Capacity (RFC)?
4.  Social Security Disability Benefit Options in Newark, OH
5. Social Security Disability Insurance (SSDI)
6. Supplemental Security Income (SSI)

REVIEWED BY

C. William Kenny

January 01, 2024

Board certified by National Board of Trial Advocacy

For some people continuing to work with  a disability can be a challenge, but you need income to support your family and pay your bills. Multiple trips to the doctor’s office, not being able to return to work, and bills piling up can become overwhelming very quickly. You may have even already applied for Social Security Disability (SSD) benefits, but you’ve been rejected by the Social Security Administration (SSA). The attorneys at Berger and Green can help you pursue the compensation you need. Call today for a free, no-hassle consultation to understand your options with SSD benefits.

Common Qualifying Disabilities for Social Security Benefits

To meet the qualifications for disability benefits from the SSA and the Ohio OOD Division of Disability Determination, you must be able to provide medical documentation of a mental or physical impairment that prevents you from returning to an occupation. In Ohio, the impairment must last or be expected to last for longer than a year or be determined that the condition will lead to death.

The SSA offers what is called Compassionate Allowances to individuals who have been diagnosed with certain diseases or very severe conditions. This program typically cuts down on the wait time for individuals with these disabilities.

To be proven disabled, you must show:

 You cannot return to work that you did before

• You cannot adjust to a different type of work
• A significant limit in the ability to sit, walk, stand, or lift
• A significant lack of cognitive function such as being unable to remember
• A medical condition in any major body system that is so severe that you cannot perform substantial gainful activity

 What Is a Substantial Gainful Activity?

The SSA defines substantial gainful activity as any significant mental or physical work that an individual gets paid or could get paid to do. The SSA sets a specific earnings amount each year that they consider Substantial Gainful Activity (SGA).  The 2024 monthly amount that equals SGA for non-blind individuals is $1550.

What Is Residual Functional Capacity (RFC)?

When you file for disability benefits with the SSA, they may have you visit a doctor to evaluate your residual functional capacity. This refers to the maximum level at which you can perform despite your limitations. Your RFC will be assessed based on the relevant evidence of your case.

 Social Security Disability Benefit Options in Newark, OH

It is important for anyone who is considering applying for SSD benefits to understand the difference between the two types of available benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

Social Security Disability Insurance (SSDI)

You and certain family members may be able to receive compensation through the SSDI program if you are considered “insured.” To be insured, you must have:

• Work history that is long enough and recent enough
• Paid Social Security taxes
• Medical proof of a qualifying disability
• Earned enough work credits

Your work history will determine how many work credits you have. How many credits you need to qualify are based on a few factors, including: 

• Your age
• How recently you’ve earned SS credits
• How much you earned per year in a job covered by SS

SSDI benefits will be paid to you until you can return to work or reach retirement age. “Work Incentives” offered by the program can also help your transition back to the workforce.

Supplemental Security Income (SSI)

This program pays cash to the benefactor for basic necessities such as food, shelter, and clothing.

To be qualified for this program, you must:

• Meet the definition of disabled by the SSA
• Have limited resources such as cash and property
• Have limited income from any source

It is important to note that while SSDI does not consider income as a disqualifier for the program, SSI will take into account all sources of income.

Understanding your options when filing for Social Security benefits can be overwhelming and frustrating. We have assisted clients in the past through this extensive process, and we’re proud of the results we have achieved. Call the office of Berger and Green today for a free consultation with a Social Security Disability (SSD) lawyer in Newark, OH.

What an SSD Lawyer Can Do for You

Our SSD lawyers alleviate the stress and confusion often associated with the claims process, offering you peace of mind and a fighting chance of securing your rightful benefits. A Social Security Disability lawyer in Newark, OH can:

• Help you understand the benefits for which you may qualify
• Explain the application process to you
• Help you apply or appeal a decision
• Review your application to make sure it is filled out correctly
• Help you secure medical records and submit them for review

No matter what your status is, let us help you get the benefits you need.

You Have Options if You Have Been Denied Benefits

You only have a short time, generally 60 days, to file an appeal when you have been denied benefits. The following documents and information will need to be prepared if you intend to submit an appeal with the SSA:

• Forms, identification of treating medical providers, written statements, and any other supporting documents
• Medical conditions, work, education, and daily activities that may have changed
• Current medications
• Doctor and hospital information
• Any new clinical tests or medical treatments

At Berger and Green, we have helped many clients file an appeal following a denial from the SSA. Whether you are just starting the appeal process or have already filed for an appeal, we can still represent your case.

Let us investigate why your disability claim was denied. Call for a free consultation following a denial notice from the SSA.

Appealing a Decision by the Social Security Administration

Many initial claims are often denied, but you have the opportunity to dispute these decisions. The appeals process has a few steps, and a decision can be overturned or upheld throughout. Oor lawyers can help you through the entire process below: 

• The first step in the appeals process is the “Reconsideration” phase, where different examiners review the claim.
• If denied again, the claimant can request a hearing before an Administrative Law Judge (ALJ), who will consider new evidence and testimonies.
• Should the ALJ’s decision be unfavorable, the claimant can escalate the appeal to the Social Security Administration’s Appeals Council. The Council reviews the case for any legal or procedural errors and may grant, deny, or dismiss the appeal, or return it to an ALJ for further review.
• Finally, if the Appeals Council’s decision is unsatisfactory, the claimant has the option to file a lawsuit in a federal district court. This legal route offers another chance for review, albeit outside the Social Security Administration’s internal processes.

Each step is designed to provide a comprehensive review mechanism, ensuring that all claimants receive a fair assessment of their disability claims.

Contact a Social Security Disability (SSD) Lawyer in Newark, OH

Our team at Berger and Green can help you in the step-by-step process that the SSA requires for filing and proving a disability claim.

Call Berger and Green for a free initial consultation on your disability case. We are proud of the 40 years of experience we offer and the results we have achieved for our clients.