Denied Disability In Toledo
From applying to appealing, Levine Benjamin Law Firm has helped 100,000 people win disability benefits.
Denied Disability in Toledo?
Social Security Disability benefits are supposed to offer financial relief when health problems stop you from working, but getting a disability claim approved isn’t easy.
Our Toledo disability lawyers know how difficult this process can be. According to recent data from Social Security, only around 35-40% of Ohioans get approved on their initial application for benefits.
Once you get denied disability benefits, you can appeal and make your case to the Social Security Administration (SSA) that there’s more they should know, and you should be approved.
Doing this on your own isn’t recommended. This process isn’t just about filling out paperwork and hoping for the best.
You need to identify issues with your disability claim and know how to address them. You may need to make your case in person to an administrative law judge.
These are difficult tasks, but the Toledo disability attorneys at Levine Benjamin Law Firm have the experience and knowledge of the Social Security Disability system to get you through this.
We’ve been helping people in Toledo and across the states of Ohio, Indiana, and Michigan for more than 60 years.
It’s stressful to get your disability claim denied. We can support your appeal and fight for benefits to restore your peace of mind and financial stability.
From applying to appealing, we help you every step of the way.
What would you like to do?
Why Are So Many Toledo Disability Claims Denied?
The primary reason for high denials of disability benefits applications is high standards at the SSA.
The government doesn’t want just anyone to be able to qualify for disability benefits.
Your disability claim needs to prove (not just say, but prove), that:
- You can’t keep working, and the reason is serious health problems.
- Switching jobs isn’t an option due to your condition, age, skills or other factors.
- Your health issues will stop you from working for 12 months or more.
Even if you think you meet these standards and should obviously qualify for benefits, you can still get denied.
Common reasons for Social Security Disability denials in Toledo and elsewhere include:
- Leaving out important information on the application
- Mistakes in the information on SSA forms
- Conflicting information about the applicant’s health issues
- Failure to quickly respond to Social Security requests for more information
- Not enough medical evidence to back up the claim
- Lack of evidence of ongoing effort to get treatment
- Having health limitations that claims examiners think would improve with treatment, including substance abuse issues
- Social Security’s failure to gather and consider all of your medical evidence
- Having too much income from work
- Participating in activities that Social Security sees as a sign that you can handle the exertion of work
- Flat-out mistakes by Social Security
It’s easy for you to make mistakes on your application for disability benefits—mistakes in exactly how you present your medical issues to Social Security—when you’re preoccupied with your health, finances, and how you’re going to support your family.
It’s easy for Social Security to make mistakes, too. You need someone highly experienced with disability cases to look at your situation, identify the problems, and move to get a better result.
Once your claim gets denied, don’t make the mistake of trying to go it alone. Have a Toledo Social Security Disability lawyer from Levine Benjamin support your appeal.
Appealing a Denied Social Security Disability Claim in Toledo
You have multiple chances to appeal a disability denial.
The first step is asking for reconsideration. Another claims examiner will look at your application for disability benefits and could come to a different conclusion than the initial examiner, though the odds of approval are still tough.
The next step is asking for a disability hearing in front of an administrative law judge. You get the chance to fill in any gaps in your record and make your case for benefits directly and personally.
If the judge doesn’t rule in your favor, you can ask the Appeals Council at Social Security to review the hearing decision. They can decline to hear your appeal, overturn the judge’s ruling, or send you back for another disability hearing.
The last stage is filing a civil suit in federal court. This takes you outside the Social Security system and gives you one final chance to get your disability claim approved.
If you applied on your own and got denied, you should talk to our Michigan & Ohio disability lawyers right away.
We can guide you through this process, and you won’t be charged an attorney fee unless you win benefits.
Appealing a denied disability claim is complicated. The process gets more legalistic as it goes on, so having a lawyer who knows this system thoroughly can be beneficial.
There are also tight deadlines. You have just 60 days to respond to Social Security each time you get denied.
Wait too long to move on to the next stage of your appeal, and you may have to start over with a new application for benefits. That can affect your back pay and make this process take even longer.
The team at Levine Benjamin can help you with the next steps after a denied Social Security Disability claim.
How a Toledo Social Security Disability Lawyer Can Help
Our disability lawyers can help with your appeal through the entire process in the Social Security system and work to give you the best possible chance of finally winning benefits.
An attorney from our Michigan and Ohio disability law firm can:
- Identify issues with your original application for disability benefits
- Help you gather more evidence to strengthen your claim
- Keep you aware of important deadlines and make sure you don’t miss your chance to move to the next stage of appeals
- Prepare you for your disability hearing so you can go in with confidence
- Help you practice clear and concise answers for questions a disability judge might ask
- Represent you at your hearing in front of the administrative law judge
- Cross-examine expert vocational and medical witnesses at your hearing
- Determine if you should continue appealing or if you should start over with a new disability claim
- Refer you to an attorney who can help with a federal court appeal, if that’s what you need
Levine Benjamin has helped more than 100,000 people in Toledo and across Ohio, Michigan and Indiana win the disability benefits they deserve.
Let us help you get support for a more secure life.
Frequently Asked Questions About Social Security Disability Denials
When your Social Security Disability claim has been denied, you have some questions. Our Toledo disability lawyers can help you understand what’s happening.
Read on to see the answers to some of the common questions about disability claim denials that we hear, and then schedule your free consultation to ask our team about your specific situation.
What can get a disability claim denied?
Several things can quickly get a disability claim denied, including missing information on application forms, incorrect information, lack of supporting documents from your medical care, an incomplete picture of how your health hinders your ability work, and failing to respond to Social Security’s requests for more information.
Should I appeal after a denial or just start a new disability claim?
In most cases, you’ll want to continue with your current claim and keep the appeals process going. Starting over can affect your back pay and make this take even longer.
If you have experienced major changes to your condition and have more evidence to introduce, it may be worthwhile to start a new disability claim at certain points in the process.
Later stages of appeals are about legal arguments, not introducing new evidence. If you think you’re in a vastly different situation now than you were when you last filed updates with Social Security, talk to our Toledo disability lawyers about your options.
How can a Toledo disability lawyer help with my appeal?
Appealing a denied disability claim is difficult, but an experienced Toledo disability lawyer can guide you on all aspects of your appeal.
They can help you fill in gaps in your file, update your evidence, and stay aware of important deadlines.
Having a lawyer’s help can also be invaluable when you get to the more legalistic parts of the appeal process, like the disability hearing in front of an administrative law judge.
How long does a Social Security Disability appeal take?
If you get denied disability benefits and have to appeal, the process is likely to take over a year.
Just getting an initial application reviewed can take more than six months, and then each stage of the appeals process has its own waiting time. Applicants in Toledo can expect to wait around seven to nine months at the step of getting a hearing scheduled.
How much do disability appeals cost?
You only pay an attorney’s fee when you win benefits.
That fee comes out of your back pay when you’re finally awarded benefits, and it’s limited to 25% of that lump sum or $9,200, whichever is less.
You could have some other charges, like court filing fees, at advanced stages of the appeals process. But for most appeals, there’s little financial risk of having a disability lawyer because you pay nothing up front, nothing if you don’t win benefits, nothing out of your pocket, and nothing out of your monthly checks going forward.