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Ohio Workplace Accident Attorneys Answering Frequently Asked Questions about Social Security Disability

If you have been injured on the job and have become disabled from working, you may have questions about what types of benefits are available from social security, and what it takes to start receiving those benefits. Below are answers to common questions frequently encountered by the attorneys at Miller Law Practice, LLC in Columbus as they help Ohio workers get their Social Security Disability benefits. If you have other questions or need to speak with an attorney about your application for SSD or a denial of your claim, call 614-591-6822 for a free consultation.

Q. How much am I entitled to in benefits?

A. You may be entitled to Supplemental Security Income (SSI), which is based on financial need, or Social Security Disability (SSD), if you have worked and paid into the system through Social Security taxes. For SSD, the amount of your benefits will depend upon factors such as the number of work credits you have accumulated based on earnings, your age, and the duration of your employment. The SSA provides benefits calculators that can help you estimate what your benefits will be, or contact an experienced disability benefits attorney for help.

Q. How soon will I start receiving benefits?

A. First, the SSA must determine the “established date” of your disability, using either the “alleged onset date” from your application for benefits, or some later date decided by the Administrative Law Judge. Benefits start five full months after this established date of disability. However, if you receive a Favorable Decision, you may be able to go back and get benefits for those first five months, and even as far back as one year prior to the date of your application.

Q. What type of disability is required for Social Security Disability?

A. SSD is only paid for total disability. SSA defines this to mean that you cannot do the work you did before, you cannot adjust to other work because of your medical condition, and your disability is expected to last at least one year or result in death. This is a strict definition; SSD is not meant to apply to short-term periods of disability.

SSA has an online Disability Planner that can give you an idea whether you qualify as disabled for the purpose of receiving SSD benefits. For a professional opinion and immediate legal assistance from an experienced disability benefits lawyer, contact Miller Law Practice, LLC.

Q. Will I lose my benefits if I go back to work, even if I find out I cannot continue working?

A. The government wants to encourage you to try to go back to work if you can, so the law does allow you to engage in a trial work period to see if you can go back to work, and you will not lose benefits during that time. Basically, you are allowed to work for up to nine months in a five-year period, earning up to $770 a month as a work incentive, without losing benefits.

Q. As the spouse of a worker who died, am I entitled to any SSD benefits?

A. You may be entitled to Survivor’s Benefits, depending on the earnings record of your spouse. Additionally, you can receive SSD based on your spouse’s eligibility for Social Security if you are 50 years old or older and become disabled within seven years of your spouse’s death, even if you wouldn’t otherwise be eligible for social security disability benefits.

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