Cincinnati SSDI Attorney Help On How Are Claims Won

Winning a SSDI claim, otherwise known as a social security disability insurance claim, is not easy. There has been much recent negative publicity about social security claimants getting on social security disability rolls without just cause. As a Ohio lawyer practicing social security law as well as personal injury I'm here to tell you that it is not easy to get social security disability benefits.

People with wonderful work, record well into their 50's, making over $75,000 do not just quit their job to get a paultry $2400 a month benefit. ( This amount of benefit is based on what you paid into the system.) Workers are buying disability benefits by paying into social security.

Do You Qualify For Social Security Disability Benefits

Many people think that there is partial social security. Or that that only requirement is that they can not perform their job. There are quite a few variables to go into the determination if you qualify for benefits. And this is not the same as winning benefits for the inability to work. Now you can answer five questions and an attorney will call you to help you to determine free of charge if you qualify for social security disability benefits. If you qualify then the law firm of Anthony Castelli will be happy to help you decide if you have a chance of winning your claim and will represent you on a contingency fee basis.

 How To Get Critical Social Security Disability Evidence

Watch this video to get critical social security evidence. Then go to the description in the youtube video and click on the link to get the pdf download.

SSI Ohio -- Looking for Disability Lawyers in Ohio? Call Anthony Castelli: http://t.co/E4KFpTEaJE via @YouTube
— Anthony Castelli (@castellilaw) August 25, 2013

What To Do If You Get Denied SSDI  Benefits 

The most critical thing to do if you get denied ssdi or ssi benefits is to file a timely appeal. In most cases you have 6o days to do so. In that time consult with a social security disability lawyer like Anthony Casteli if you are in Ohio. It will not cost you anything to speak with him about your claim. 

Anthony Castelli Attorney
8170 Corporate Park Drive Suite 220
Cincinnati, Ohio 45242
513-621-2345 or toll free 1-800-447-6549
Member of NOSSCR National Organization of Social Security Claimant's Representatives

Winning Social Security Disabilty Claims Strategy

Winning a Social security disability claim is not easy for most people. The rate of denials is growing even higher. The best thing to do is know  the the Social security rules and regulations and try to gather evidence that fits in those parameters.

This also means that  you should not stop at the first denial. Instead, if you get denied, timely consult an experienced social security disability lawyer who can advise you if they will take your case. 

Most lawyers do not step in until there has been a denial and many make a good living out of winning claims at the administrative law judge level. This is the first time in the process that a SSI or SSDI claimant gets to tell their story in front of a Judge. 

The Five Step Evaluation Process for SSDI and SSI

The Social Security act mandates a five step process that must be followed. If it can be found that a person is or is not disabled in the sequence the review continues until a result of disabled or not disabled is determined.

1. The first step is to determine whether the claimant is performing substantial gainful activity. (1)

The work must be gainful as well as substantial. Work is substantial if it involves significant mental or physical activity or both. It is gainful if it is work performed for pay or profit or both or is generally done 

For the year 2013 for disability other than blindness gross earnings of $1040 per month is considered SGA. 

So if you are only able to work a little bit and are making less than $1040 per month you can go on to the next step. However, your chances of getting you disability claim allowed are better if you are unable to work at all.

2. You have a medically determinable impairment that is "severe."

Your impairment is severe if it significantly limits your ability to walk, lift, stand, sit, bend, concentrate, attend work on a regular bassis week in and week out. ( If you will miss 3 days a month most vocational experts will say you can not maintan a job)

If you impairment is severe you go to the next step to see if you are disabled.

3. Do you meet or equal a listing of impaiments?

If you meet or equal a listing then you are disabled at this step. There are 14 listing of impairments from musculoskeletal to mental.  If you do not meet or equal a listing you go to the next step.

4. Do you have the capacitiy and ability to do your past relevant work that you had performed within the last 15 years?

At this step it must be determined what your residual functional capacity is . This is your physical and mental ability to do work on a sustained basis despite limitation from your  impairment(s). If you can  do your past work you lose. If you can not do your past work you go to step 5.

5. Here it must be determined whether the person applying for social security disability benfits can do other work on a sustained basis considering the residual functional capacity, the age, education and work experience of the person.  

If you can not do other work and you inability to do so has last for one full year or will expect to last for one full year you will be found disabled.

A simple way to understand this is by age and prior work exertion and skill level. For example , if you are 50 or over and your prior work was light, which mean you lifted up to 20 pounds and were on your feet most of the time and now you can only do an unskilled sit down job, the Social Security Administratio should find you disabled. 

However if you or under 50 or your prior work was sedentary, you must prove you can not even do a job where you can sit most of the  time and do not have to lift over 10 lbs or one where you could alternate between sitting and standing for 8 hours.

There are hundreds of other nuances to Social Security Disability SSDI or Supplemental Security Income SSI . This is just the basic framework for decision making in every claim.

By Anthony Castelli Attorney  

You  may reach Anthony Castelli for a Free Claim evaluation at 1-800-447-6549 or locally in Cincinnati at 513-621-2345

(1) 20 CFR. 404.1520 (b) Evaluation of Disability in General

Social Security Disability Resource Page

Cincinnati Attorney Calls on President Obama To Stop Social Security Disability From Keeping Judges Names Secret

The Social Security Administration is keeping the names of the federal administrative law Judges that will hear your SSDI or SSI claim secret. They started this new policy at the end of 2011. This is truly chilling and implies a big brother government cloaked in secrecy.

Anthony Castelli Attorney

I am calling on President Obama to order the Social Security Administration to stop this practice immmediately. This practice is so secret that there has not even been a published memo on the subject. In other words this policy has not been published publicly anywhere.

Everyone that applies for social secuity disability benefits either SSI or SSDI if denied has an opportunity to appeal their case and have a hearing in front of a federal administrative law Judge. Previously, once the claim was assigned to what is called the Office of disability adjudication and review a Judge would be assigned and you could learn his name. Now because of social security's secret policy you do not learn of the name of the Judge until the day of the hearing.

This secret procedure smacks of a totalitarian government. This seems untenable in a democratic society, but yet the secrecy has gone on for one year now. Where is the main stream press on this. No where. I call on President Obama to immediately lift the secrecy. Certainly he has the power to make the Social Security Administration reveal the names of the Judges before a hearing is held.

The Problem Created by a Secret Govermental Agency Policy

Social security disability lawyers are up in arms. The National Organization of Social Security Claimant's Represntatives, of which I am a member, is fighting this issue with Freedom of Information requests. Social Secuity has indicated the reason for the change is to reduce the risk of forum shopping. Apparently this policy is in response to whether you agree to a video hearing or not as one of the considerations. Because of a big backlog in some areas SSA has gone to more video hearings. These hearings are with Judges in other jurisdictions. However a claimant does not have to agree to a video hearing. 

However this justification is speculative at best and certainly does not justify secrecy. As NOSSCR noted:

"When a government uses secrecy to disadvantage claimants it is more likely the agency will get away with error, fail to follow policy or deny due process." Attorneys doing social security disability work usually do a lot of it since it is a special area in the law . A niche if you will. The social security disability lawyers come to know all the local judges. Every judge is a bit different and knowing the judge helps a  lawyer prepare for the case.

But the bottom line is the GOVERMENT IS KEEPING SECRETS when it is not necessary. This can only lead to the futher intrusion of intolerable government secret actions in our lives. Men and women have fought and died for freedom. It is now being watered down and taken away from under our very noses.

So I say,      President Obama tear down these walls. 

                        These walls of government secrecy. 

Good Lord I never thought these words of President Reagan would have to be used towards a President of the United States. 

by Anthony Castelli Attorney

     8170 Corporate park Drive #220

     Cincinnati, Ohio 45242

     513-621-2345

     www.castellilaw.com

Resources:

Social security administration

National Organization of Social security Claimants' Representatives

Cincinnati Lawyer Says It is Not necessary to Cut Social Security

As a Cincinnati Ohio social security disability lawyer I have seen many deserving people have their financial lives saved by social security disability. This is known as SSI to some and SSDI to others.

SSI is supplemental security income and is available for those who are unable to work and have limited assets and are no longer or have never been covered by social security disability insurance.

SSDI is social security disability income and is for people who have paid into the social security system and have enough covered quarters that if they are not able to work that can get financial disability benefits.

Of course everyone knows about social security retirement benefits. For those born in 1960 or after full retirement age is 67

Social Securtiy Does Not Need To Be Cut

Contrary to some thinking social security does not need to be cut. It does not add to the deficit. In fact there is a surplus so that even if nothing is done will last for 21 more years with people getting full benefits. It will take only minor accomodations to fund social security after that time.

Social security benfits are modest. And from my experience no judge is giving away benefits. In 30 years I have never seen a non deserving person get benefits though I have felt several that deserved benefits for disability did not get them. The average benefit for todays reiree or diabled is about $14000.00 per year. This is about $1200 per month. About 1/3 of retirees rely on social security as all of their income

Sources:

http://www.sanders.senate.gov/newsroom/news

National Committee to preserve Social security and Medicare

About Anthony Castelli Attorney

Anthony Castelli has over 30 years experience helping people get social security disability benefits. In That time he has helped hundred of people win their SSDI SSI benefits. He offers a free consultation. There is no fee unless he wins back benefits. For help with your social security disability application call 513-621-2345

Anthony Castelli Attorney

8170 Corproate Park Drive #220

Cincinnati, Ohio 45242

Cincinnati Social Security Disability Attorney - Download Critical Evidence

Cincinnati Social Security Disability Attorney Offers Critical Evidence Questionnare for Your Doctor

As a Cincinnati social security lawyer I know how important critical evidence is to winning your social security case.Click this link www.Socialsecurity-Ohio.com to get free download of the critical form your doctor needs to fill out. These claims are also known as SSDI and SSI. Your whole financial future is at stake because you are so ill or injured you can no longer work. Your hope to be able to support yourself and your family is winning your social security disability application.

 There is one piece of evidence that I believe is critical to your case. This is a residual functional capacity form. This tells what you can and can not do in terms of basic work activities. Your treating physician should fill this out. The above video explains the importance of this form and you can actually download it for free right from link above.

 If you win your case you could be entitled to hundreds of thousands of dollars over your life time. You must marshal all the evidence you can. A experienced social security lawyer can help you get the evidence you need. Plus in the hearing room they can present evidence and cross examine witnesses.

 With the use of this form properly filled out by your treating physican in the hands of a skilled SSDI lawyer you have a better chance of getting the benefits you deserve. If you do anything to help yourself win your SSI claim then download this questionnare and hire a skilled professional social security disabilty lawyer to help you.

 Anthony Castelli Atorney         Call today for my free case evaluation and for my legal help.
8170 Corporate Park Drive
 Cincinnati , Ohio
513-621-2345

 Here is a direct link to the social security disability video:
http://www.youtube.com/watch?v=pJ3dbKODIzw Cincinnati Social Secuity Disability Attorney - Download Free Questionnaire for your Doctor

How I Won SSI SSDI Disability Benefits for Epilepsy

Epilepsy is a  neurological disorder marked by sudden

recurrent episodes of sensory disturbance, loss of

 consciousness, or convulsions, and may be so severe that

you can get social security disability benefits.

I just won a case at the Cincinnati office of adjudication

hearing and appeals in front of a Federal Administrative Law

Judge Boylan.

 Social Security Disability Listings for Epilepsy 

I knew the listings for social security for epilepsy. Not every illness or a disease has a listing.

Listings are important because if they are met and you are not working you are found disabled 

and entitled to get benefits. In effect if you meet or equall a listing you are presumed incapable

of gainful employment for at least one year.

Here are the two listings for epilepsy:

11.02 Epilepsy - convulsive epilepsy, (grand mal or psychomotor), documented by detailed description of a typical seizure pattern, including all associated phenomena; occurring more frequently than once a month, in spite of at least 3 months of prescribed treatment. With:

A. Daytime episodes (loss of consciousness and convulsive seizures) or

B. Nocturnal episodes manifesting residuals which interfere significantly with activity during the day.

11.03 Epilepsy - nonconvulsive epilepsy (petit mal, psychomotor, or focal), documented by detailed description of a typical seizure pattern including all associated phenomena, occurring more frequently than once weekly in spite of at least 3 months of prescribed treatment. With alteration of awareness or loss of consciousness and transient postictal manifestations of unconventional behavior or significant interference with activity during the day.

     

     How I Proved My Client Met The SSDI SSI Listings For Epilepsy

So with the listings in hand I sought evidence that would mimic those listings. My client had childhood epilepsy so we got all the records we could from treating doctors. We were able to obtain two EEG tests that proved evidence of epilepsy in the brain. 

I also gathered the test results of his blood at various intervals to show that his medicine for epilepsy was always in his blood. Many times judges will find against an epileptic if his blood testing does not show evidence in the therapeutic range. although I have seen epileptics that processed their medicine so quickly that their blood tests were misleading. You need a doctor to explain that scenario.

My client was totally prepared to testify about the results after an epileptic seizure. Some he could describe and some he  could only describe the after effects. Such as prolonged fatigue and sleeping for 10-15 hours after a grand mal seizure.

     Secondary Corroboration Seizure Diary

Another key is having the client keep a diary as well as a third party keep a diary. Seizures need corroboration, that is, other evidence apart from the clients own mouth. In this case the client lived with his father and I had his father keep a diary. 

By Anthony Castelli Disability attorney for social security in Cincinnati

8170 Corporate Park Drive 

Cincinnati, Ohio 

513-621-2345

Call today for a free consultation to get legal help to obtain social security benefits

Cincinnati Social Security Application Video 30,000 Views

As a Cincinnati Social security disability attorney also known as SSDI or SSI I know your application is vitally important. You whole financial future is at stake . That's why I created this video 3 Critical Mistakes that Can Ruin Your Social Security Disability Case. It has received over 30,000 views.

Hopefully this video has helped people, that are so disabled they can no longer work, get the benefits they so rightfully deserve. Deserving people are denied social security disability benefits every day.

But if you are reading this because you are seeking benefits do not lose heart.
If you do the right things to support your case chances are you will reverse that denial. Especially at the level of the administrative law judge hearing.

Please before its too late watch this video on the Biggest Mistakes Social Security Disability applicants make. You will learn to avoid them.

http://youtu.be/48ZgdUe-j6k

Call me right now for help with your social security application in Cincinnati. I am a local attorney and the consultation is free and I only get paid a fee out of winning back benefits that are owed to you. %13-621-2345

Anthony Castelli Attorney
8170 Corporate Park Drive
suite 220
Cincinnati, Ohio