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OHIO’S INJURY & SOCIAL SECURITY DISABILITY FIRM Workers' Compensation - Social Security Disability - Personal Injury

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Does Ohio Have State Disability Benefits?

Injured man with neck braces filing for ssd claims.

Unlike some other states, Ohio unfortunately does not provide short-term disability benefits. However, Ohioans can still apply for disability benefits through the federal Social Security Administration.

These benefits are known as Social Security disability Insurance (SSDI). To qualify for SSDI, you must have a disability that will keep you out of work for at least one year or is expected to end in death. Supplemental Security Income (SSI) benefits may be available if you are unable to work and have few assets. If you receive SSI, the state of Ohio may contribute an additional payment depending on your circumstances.

The process of applying for SSDI is not easy, and the SSA initially denies more applications than they approve every year. Anyone who needs these benefits should speak to an Ohio disability lawyer who can help with their application.

Contact SSD Law firm Heller, Maas, Moro & Magill Co., LPA, now for a free consultation.

What Qualifies You for Disability Benefits in Ohio?

To qualify for SSDI, you must have suffered a total disability that will keep you from working for at least one year. You also must have worked in a job that was covered by Social Security, and accumulated enough credits to make you eligible for SSDI.

The SSA also has a list of medical conditions that qualify for SSDI. This list is comprised of over 200 medical conditions, so it is important to review it to determine if your medical condition qualifies. The SSA will also determine if you can return to the type of work you did previously, and if your medical condition will prevent you from returning to any other type of work.

In contrast, SSI benefits are means-tested. That means the SSA looks at how many assets you have. Unlike SSDI, there is no work history requirement for SSI benefits.

How Long Is Short Term Disability in Ohio?

Due to the fact that Ohio does not provide short term disability, it is important that individuals purchase disability insurance from an insurer prior to becoming injured, ill, or pregnant.

If this insurance claim is approved, you may receive income replacement after 30 calendar days and this insurance will provide coverage for up to 90 days. After this time, you may be able to receive long-term disability benefits.

Can You Appeal If Your Disability Claim Has Been Denied?

The SSA denies more than half of the SSDI claims it receives every year. If your claim has been denied, it is important that you appeal the decision rather than start the process all over again. The chances that you will be denied again if you reapply are good, but many people find success with an appeal.

The first step in appealing a denial is to file a request for reconsideration. You must file this request fairly quickly, as you only have 60 days from the date of receiving notification that you have been denied. This request simply asks the SSA to review your application, and no one involved in reviewing your case the first time will be involved in this stage. If anything has changed in your case or you have new evidence that supports your claim, you can submit this during the request for reconsideration stage.

If you are still denied after your request for reconsideration, you can request a disability hearing. This must be done 60 days after your request for reconsideration has been denied. During the hearing you may appear in front of an administrative law judge (ALJ) and testify about your condition and how it has affected your life and ability to work. Vocational experts, medical experts, and other witnesses may also appear at your hearing. Approximately 50 percent of all claims are approved during this stage.

Although you have a good chance of being approved after your hearing, if the ALJ makes a decision that is not in your favor, you can bring your case to the Appeals Council. The Council will review your case and determine if the judge made a mistake. The Council may make a decision on your case, or they may send it back to the ALJ and ask them to review it. The Council will send you a notification by mail to inform you of their decision.

If the Council’s review still results in a denied claim, you can take your appeal to the federal level. This step is not taken by many people who apply for disability benefits and the federal courts have discretion when deciding which cases to hear. This means that if you take your case to the federal level, the court may not even hear your case.

How Much Money Can You Receive from Disability in Ohio?

Most people that are approved for SSDI will receive between $800 and $1,800 per month. The average for 2020 is $1,258 and the maximum payment is $3,011 per month.

The amount of SSDI benefits you receive does not depend on your assets or how severe your disability is but rather, your average lifetime earnings prior to suffering the disability. If you are receiving other payments, such as Medicaid, your SSDI payments will likely be reduced.

Does Ohio Tax Social Security Disability Benefits?

SSDI benefits are exempt from state taxes in Ohio, which means you do not have to pay taxes on them. However, SSDI benefits are sometimes taxed on the federal level. Approximately one-third of recipients pay federal taxes on their SSDI benefits. In these instances, it is typically due to a spouse’s income or other household income.

Our Ohio Disability Lawyers Are Here to Help

After suffering from a disability and applying for SSDI, it is important that you speak to a disability lawyer in Ohio today. At Heller, Maas, Moro & Magill, Co., LPA, we are committed to helping individuals who have become disabled and assisting them with applying for the benefits they need.

If you have suffered a disability and cannot work, contact us for the help you need. We know how to apply for SSDI and can also walk you through the appeals process to give you the best chance of securing the benefits you need. Call us today or contact us online to schedule a free consultation with one of our knowledgeable attorneys.

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