Social Security Disability Lawyers in Cleveland, Ohio
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Social Security Disability Lawyers in Cleveland, Ohio
Are you applying for Social Security Disability benefits? At Liner Legal, LLC, we're here to help you. Our team of dedicated Social Security Disability attorneys in Cleveland, Ohio understands Social Security Disability law and guides clients through every step of the application and appeals process.
We proudly serve clients throughout Ohio with offices in Cleveland, Akron, Canton, Columbus, Sandusky, and Youngstown. Let us use our experience to your advantage.
Disability Insurance Benefits (DIB)
Disability Insurance Benefits is an insurance program, which goes by several names. Social Security Disability Insurance (SSDI) and Title II Benefits are other common names for Disability Insurance Benefits. A specific payment towards Social Security tax over a period of time determines your eligibility for these benefits. This insurance program works because it takes a portion of your earnings form each paycheck when you have a job.
A combination of the withholdings from yours and other’s paychecks pay disability claims. Generally, your eligibility for this insurance coverage is based on if you worked at least five years within the past 10 years before your disability started. This depends on your age at the onset of your disability. The five years doesn’t have to be consecutive but must equal at least 20 calendar quarters within the previous 40 calendar quarters.
In order to receive DIB coverage, your disability must have started during the period when your disability insurance was in place. In regards to how much you will receive in monetary amounts for your benefits, it depends on how long you worked and how much you earned during that work period. The longer you work and the more you earn will equal a bigger benefit amount you receive. Additionally, DIB claims do not have household income restrictions. Even if your spouse works and financially supports your household, you are still entitled to DIB if you have a disability.
Supplemental Security Income (SSI)
Title XVI Benefits is another common term for Supplement Security Income. SSI is a Federal income supplement program for those who have limited income and resources. General tax revenues fund this program. Social Security taxes do not fund SSI. This supplemental program helps those who are aged, blind, disabled or have little to no income. Your past work history and your family’s past work history does not affect your entitled SSI benefits.
In order to qualify for SSI benefits, you must be found medically disabled and meet financial requirements. The disability rules for SSI and DIB are the same. In addition to having a medical disability, you must have a very small amount of household income or property resources under SSI regulations. If your income or resources exceed the maximum limit allowed under SSI rules, you cannot qualify for the benefits. It is important to remember that SSI benefits are intended for disabled people who need minimal economic relief, but wouldn’t be able to gain financial assistance otherwise.
Child’s Disability Benefits (CDB)
The Child’s Disability Benefits is a program that falls under Supplemental Security Income. The CDB program helps give financial support to disabled children who are either the age of 17 or younger. Social Security has different rules for determining a child’s and an adult’s disability claim. Under the different guidelines, a child is found disabled when they have a physical or mental condition, resulting in severe functional limitations. However, CDB and SSI are the same because a parent cannot earn an income exceeding the maximum monetary level.
Disabled Widow/Widower Benefits (DWB)
This disability benefits program is in place for widows or widowers who meet certain regulations set by Social Security. Those married to someone who paid Social Security tax qualify for this program. If the widow is 50 to 59 years old and married their spouse for at least 10 years also determines eligibility for benefits. Additionally, proving a medical disability and that the disability started within seven years of their spouse dying are requirements for benefits.
Disabled Adult Child Benefits (DAC)
Disabled adult children are eligible for benefits under different rules. Children 18 or older may earn benefits, but only if they became disabled before turning 22. Adult children may also earn benefits if they are under 19-years-old and are a full-time elementary or secondary school student. If their parent is alive, the parent must either qualify for retirement or disability benefits. If their parent is deceased, they must have worked long enough under Social Security to qualify for survivor’s benefits. Children who are 18 or older can receive Social Security benefits if they have a disability.
Their parent must also have worked long enough to receive disability benefits or is deceased. The disability requirements for a disabled adult child is the same as the adult requirements. In order for someone to qualify for DAC, they must have a medical condition (disability) which began before age 22 and makes them unable to work. A qualifying medical condition must last at least 12 months or result in death.
For resources and links about your SSD claim, click here.
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How a Disability Lawyer at Liner Legal Can Help
At Liner Legal, we’re Disability Warriors, ready to fight for the benefits you deserve. Founded in 2013 by Michael Liner, our firm has built a reputation for advocacy and a deep understanding of our client’s challenges.
When you choose Liner Legal, LLC, you gain access to:
- Experience: Our attorneys regularly speak at local and national conferences about successfully handling disability cases. This experience allows us to understand exactly what evidence the SSA needs and how to present your case in the most favorable light.
- Case Management: We handle every aspect of your case with meticulous care. From ensuring all forms are filled out correctly to meeting deadlines, we manage the paperwork so you can focus on your health.
- Evidence Gathering: We work diligently to gather all necessary documentation, and when needed, we can request additional tests or
evaluations to strengthen your case.
- Thorough Hearing Preparation: If your case goes to a hearing, we’ll be by your side every step of the way.
- Diverse Case Experience: While we excel in Social Security Disability cases, our experience extends to deaf discrimination and long-term disability cases. Whatever your situation, we have the knowledge and experience to advocate for you effectively.
We’re more than just a law firm. We’re your advocates, supporters, and partners in the fight for the benefits you need and deserve.
Applying for Social Security Disability Benefits
Applying for Social Security Disability benefits can feel stressful, but understanding the process can help. Here’s a quick guide:
1. Initial Application:
You can apply online at the Social Security Administration (SSA) website, by phone, or in person at your local SSA office. Be prepared to provide detailed information about your medical condition, work history, and personal information.
2. Required Documentation:
- Medical records from all your healthcare providers
- Lab and test results
- Prescription information
- Employment history for the last 15 years
- Most recent W-2 form or federal tax return
- Social Security numbers for you, your spouse, and any minor children
- Birth certificate or proof of birth
3. Timeframes:
The initial decision typically takes 3-5 months. If approved, you’ll receive a notice detailing your benefit amount. If denied, you have 60 days to file an appeal.
How Your Lawyer Handles the Social Security Disability Appeals Process
Many claims are approved during the appeals process. Having an experienced lawyer to guide you can improve your chances of success. Here’s how your lawyer will handle each stage of the appeals process:
The Four Stages of Appeal
1. Reconsideration
During this stage, your lawyer ensures that a different examiner reviews the case, providing a fresh perspective on the claim.
2. Administrative Law Judge (ALJ) Hearing
If the claim is denied at the reconsideration stage, your lawyer will request a hearing before an Administrative Law Judge (ALJ) within 60 days. This is often the most critical stage of the appeals process. Your attorney will prepare to present your case in person to the ALJ, who will review the claim independently.
3. Appeals Council Review
If the ALJ denies the claim, your lawyer can request a review by the Appeals Council within 60 days. The council has the power to approve the claim, deny it, or
send it back to the ALJ for further review.
4. Federal Court Review
The final appeal stage is to file a lawsuit in federal district court. Your lawyer will consider this last resort only after all other options have been exhausted.
How Your Lawyer Strengthens Your Appeal
Regardless of the stage, to strengthen your appeal, your lawyer will:
- Submit new medical evidence: Your attorney will ensure that any changes in your condition, new treatments, or tests are properly documented and submitted.
- Explain changes in your condition: If your disability has worsened since the initial application, your lawyer will provide specific details about how it has impacted your daily life and ability to work.
- Gather supporting statements: Your attorney may obtain statements from your doctors, former employers, friends, and family who can attest to your limitations.
- Prepare for the ALJ hearing: Your lawyer will thoroughly prepare you for the hearing, ensuring you provide concrete examples of how your disability affects your daily activities and ability to work.
Medical Conditions that Qualify for Disability Benefits
The Social Security Administration (SSA) maintains a guide known as the Blue Book, which lists impairments that may qualify for disability benefits. While this list is extensive, it’s not exhaustive.
Some qualifying conditions across various categories include.
- Musculoskeletal disorders are a frequent cause of disability claims. These include conditions such as arthritis, back injuries, and Fibromyalgia.
- Cardiovascular conditions form another major group of qualifying impairments. Some examples include heart failure, coronary artery disease, and arrhythmias.
- Respiratory illnesses can profoundly impact a person’s ability to work. Chronic Obstructive Pulmonary Disease (COPD) is a common qualifier. Severe asthma that doesn’t respond well to treatment can also be grounds for disability benefits, as well as Cystic fibrosis.
- Neurological disorders often lead to disability claims due to their impact on cognitive and physical functioning. Multiple sclerosis can cause a wide range of disabling symptoms. Parkinson’s disease, which affects movement and balance, and epilepsy, mainly when seizures are not well-controlled by medication, are other neurological conditions that may qualify for benefits.
- Mental health conditions can be just as disabling as physical ones. Major depressive disorder, when severe, can make it impossible for a person to maintain regular employment. Anxiety disorders can also be qualifying conditions. Schizophrenia, which can severely impact a person’s ability to perceive reality and function in daily life, and autism spectrum disorders are other mental health conditions recognized by the SSA.
- Cancer, in many forms, can qualify for disability benefits, especially when the disease is advanced or unresponsive to treatment. The SSA evaluates these claims based on the origin of the cancer, its stage, and how it responds to therapy.
Even if your specific condition isn’t listed in the SSA’s Blue Book, you may still qualify for benefits if your condition is severe enough to prevent you from working.
The key is to hire a lawyer to demonstrate how your medical condition limits your ability to perform substantial gainful activity.
Types of Social Security Disability Benefits
Disability insurance benefits are insurance programs that are categorized by several names.
Social Security Disability Insurance (SSDI) and Title II Benefits are other common names for Disability Insurance Benefits.
- Eligibility for these benefits is determined by a specific payment towards Social Security tax over some time. This insurance program works because it takes a portion of your earnings from each paycheck when you have a job.
- Generally, SSA bases your eligibility for this insurance coverage on whether you worked at least five years within the past 10 years before your disability started. This depends on your age at the onset of your disability.
- The five years don’t have to be consecutive but must equal at least 20 calendar quarters within the previous 40 calendar quarters.
To receive DIB coverage, your disability must have started during the period when your disability insurance was in place. How much you will receive in monetary amounts for your benefits depends on how long you worked and how much you earned during that work period. The longer you work and the more you earn, the more benefits you may receive.
Additionally, DIB claims do not have household income restrictions. Even if your spouse works and financially supports your household, you are still entitled to DIB if you have a disability.
Supplemental Security Income (SSI)
Title XVI Benefits is another common term for Supplemental Security Income (SSI), a Federal income supplement program for those with limited income and resources. General tax revenues fund this program, but Social Security taxes do not.
This supplemental program helps those who are aged, blind, disabled, or have little to no income.
Your past work history and your family’s past work history do not affect your entitled SSI benefits.
- To qualify for SSI benefits, you must be found medically disabled and meet financial requirements. The disability rules for SSI and DIB are the same.
- In addition to having a medical disability, you must have a very small amount of household income or property resources under SSI regulations.
- You cannot qualify for the benefits if your income or resources exceed the maximum limit allowed under SSI rules.
SSI pays benefits for disabled people who need minimal economic relief and wouldn’t gain financial assistance otherwise.
Child’s Disability Benefits (CDB)
Child’s Disability Benefits (CDB) program falls under Supplemental Security Income. It helps provide financial support to disabled children who are 17 or younger.
Social Security has different rules for determining a child’s and an adult’s disability claim. Under the different guidelines, a child is found disabled when they have a physical or mental condition, resulting in severe functional limitations.
However, CDB and SSI are the same because a parent cannot earn an income exceeding the maximum monetary level.
Disabled Widow/Widower Benefits (DWB)
This disability benefits program is in place for widows or widowers who meet certain regulations set by Social Security. Those married to someone who paid Social Security tax qualify for this program.
If the widow is 50 to 59 years old and married their spouse for at least 10 years also determines eligibility for benefits. Additionally, proving a medical disability and that the disability started within seven years of their spouse dying are requirements for benefits
Disabled Adult Child Benefits (DAC)
Disabled adult children are eligible for benefits under different rules. Children 18 or older may earn benefits, but only if they became disabled before turning 22. Adult children may also earn benefits if they are under 19 and are full-time elementary or secondary school students.
- If their parent is alive, the parent must either qualify for retirement or disability benefits.
- If their parents are deceased, they must have worked long enough under Social Security to qualify for survivor’s benefits.
- Children 18 or older can receive Social Security benefits if they have a disability.
- Their parents must also have worked long enough to receive disability benefits or are deceased.
The disability requirements for a disabled adult child are the same as the adult requirements. For someone to qualify for DAC, they must have a medical condition (disability) that began before age 22 and makes them unable to work. A qualifying medical condition must last at least 12 months or result in death.
Frequently Asked Questions
1. How long does the application process take?
Initial decisions typically take 3-5 months, but the entire process can take a year or more if appeals are necessary.
2. What if I'm denied benefits?
You have 60 days to appeal. Many denials are overturned on appeal, so don't give up.
3. Can I receive both SSI and SSDI?
Yes, it's possible to receive both if you meet the eligibility criteria for each program.
4. How much will my benefits be?
SSDI benefits are based on your lifetime average earnings.
5. What happens to my benefits when I reach retirement age?
Your disability benefits automatically convert to retirement benefits, but the amount remains the same.
6. Can I apply for disability benefits if I'm still working?
Yes, but if you're earning above the SGA limit, you may not be considered disabled.
Talk to a Social Security Disability Lawyer in Cleveland, Ohio Today
If you’re struggling with a Social Security Disability claim or have questions about the application process, don’t hesitate to reach out to Liner Legal. Our experienced team of attorneys is here to guide you through every step of the process, from initial application to appeal if necessary.
Contact us today at (216) 282-1773 for your free consultation to discuss your case.
Liner Legal, LLC – Cleveland, Ohio Office
4269 Pearl Rd #104,
Cleveland, OH 44109
Phone:(216) 282-1773