Cincinnati Social Security Attorney Answers How To Win a Back Injury Claim

As a Cincinnati social security disability attorney I have represented many people in front of the Cincinnati Social Security office for all kinds of back injury claims.

This office is also known as the office of Adjudication and review. This is where federal administrative law Judges hear cases in hearing rooms located in downtown Cincinnati.

The recipe for winning an injured back case is broadly divided into two categories. Those claimants 50 years and over and those claimants under 50 years of age.

SSDI and SSI Claimants Over 50

Claimant 50 years and over are considered disabled if in the past 15 years they did jobs described as light or above. Plus it is important that the work they have done was generally unskilled and at the light exertional level or above. (1)

This is where the grid rules promulgated by social security come into play. If you are 50 and over and can only do unskilled work the social security judge will find you disabled. That's why it is critical to accurately describe your job duties and their exertional requirements. 

For example you must have at least lifted over 10 pounds on a regular basis to be above the sedentary exertional level. If you mistakenly put down you only lifted up to ten pounds then your job classification may put you in the sedentary category. Then you must prove you can not do a sit down job.

 Overlooking the Downtown Cincinnati and Where the Local office of Adjudication Sits

Social Security Claimant Below 50 Years Old

People that are below 50 years old must prove that they can not do any job that exists in the national economy in significant numbers. This is a more difficult task. But if you can prove that fact you still can win.

What Evidence is Critical To Winning Your Disability Claim

The evidence you bring as to your physical restrictions is of paramount importance. You must have a doctor support your restrictions in terms of sitting, standing, walking, lifting, pushing and pulling, stooping and bending.

This has a technical name known as residual funtional capacity. I build a form with these strength requirements so your doctor can quickly answer specific question related to that.

Also you must have evidence of continuous and regular treatment by a doctor. His description of your pain and activity levels is important.

Have you had surgery for your conndition? Most judges want to see at least one failed surgery attempt.

Are you taking significant pain medication? This is another area the Judges want to see. The more and heavier pain medication the better off for your claim.

Are you activities consistent with the level of restriction you are claiming. You can be sure that if you are very active then your claim may not succeed. The Judges see this as inconsistent with a person that is disabled.

Do You Meet a Back Listing

If you meet a listed condition for your back you will be found disabled. You can find the back listings here. These detail many conditions and their requirements that must be met for you to be found disabled. Although if you do not meet a listing you can still be found disabled as I have described above.

(1)  Skill level defined 

About the Author

Click here to contact a Cincinnati Social security disability attorney Anthony Castelli for a free consultation

Further Reading on How We Can Help You Win Social Security

 5 Steps to Winning Your Social Security Disability Claim

Law Office of Anthony D. Castelli
8170 Corporate Park Drive #220
Cincinnati, Ohio 45242

Win Your Social Security Disability Claim by Telling This Story

Winning social security disability claims seems to be harder than ever so a compelling story is critical. You need to impact the Administrative Law Judge with more than a recitation of the medical facts. A SSDI or SSI claimant needs to paint a before and after picture of their life.

If you read online at ww.ssa.gov you will find that you must have a medical determinable impairment and not just symptoms. However, all cases an attorney takes, that know what their doing will have a medically determinable impairment.

This impairment will be such that it is reasonably expected to produce the pain or symptoms complained of. However, it is up to the Judge to determine the severity of the symptoms and how they impact on basic work exertional and non-exertional impairments.

Every case almost always comes back to whether the Federal Law Judge believes the claimant or does not. This then comes to the story you tell. Is this story consistent with the limitation you present. And further, "Do the limitations preclude work."

The Story You Must Tell

The story you tell about your life must be consistent with someone that can not work. Are you daily activities consistent with not being able to hold down a job 8 hours a day 5 days a week. Some things that go to prove your story are:

•  Are you seeing doctors on a regular basis.
•  Have you tried to go back to work.
•  Did you have a good work history.
•  Were you active in the community.
•  Do you have people that help you get by.
•  Are you having some depression over your situation.
•  Are you unable to make love to your spouse
•  Did your spouse leave you because they could not cope with your illness.
•  Do you not take vacations.
•  Do you not drive long distances.
•  Do your medical records verify limitations.
•  Do you have a report from your doctor explaining your illness.

All of these items go to make up your story. Are you claiming excruciating pain but take no medication? That is something totally inconsistent with your story. 

And each person's disability can have a different key to their story. For  instance if you are epileptic or diabetic you better not be driving if you want to have a better chance to win your case. Why? Because if you are in such shape that you might "fall out" at any time you endanger yourself and every one else by driving. The judge will not find you credible.

So have a story to tell . Even better, have a friend or former co-worker help you tell your story by testifying at the hearing.

If you would like to learn more about how to qualify for benefits go to www.socialsecuritydisabilityassist.com for a free claim evaluation.

By Anthony Castelli Cincinnati disability and accident and injury lawyer.

offices located in Cincinnati and Hamilton County, Ohio

Call 513-621-2345 or click here for a free social security disability consulation 

Law Office of Anthony D. Castelli

8170 Corporate Park Drive #220

Cincinnati, Ohio 45242

Law Office of Anthony D. Castelli
602 Main Street, Suite 707
Cincinnati, Ohio 45202
Phone: 513-721-3666

Cincinnati Disabled - Do You Qualify For Social Security Disability Benefits Fast Free and Easy

Do you Qualify for Social Security Disability Benefits? We can answer this and other questions fast, free,and easy. Plus Anthony Castelli Attorney offers a free claim evaluation to discuss you eligibility for compensation as well as your chances for winning.

Click Here To Learn If You Qualify For Disability Benefits  or call 513-621-2345 The call is Free.

After you answer those questions we will email or call you depending on you preferred method of contact to discuss your case in more detail. Qualifying for disability benefits is one thing. This requires sufficient work history paying into the social security system. In addition you generally must have not worked in gainful employment for one full year or be expected to to be able to work for one full year.

However winning a disability claim and qualifying are two different things. To win your case you must convince the social security disability administration that you will be unable to work at gainful employment for one full year.

The social security disability web site published by Anthony Castelli Cincinnati disability lawyer Social Security Disability Lawyers Cincinnati  Ohio is designed to help you get answers to your questions about your inability to work and what financial benefits may be available to you.

In addition to social security disability income benefits SSDI there is also Supplemental Security Income Benefits known as SSI. This is for people who do not qualify for SSDI or get a very small about of SSDI as this benefit is based not only on inability to work but also financial need.

Need Social security disability Help by a  Cincinnati lawyer
Get An Assist when You Need It Most socialsecuritydisabilityassist.com

Cincinnati Social Security Disability Lawyer Answers Do I Qualify For Benefits Made Easy Web Site

As a Cincinnati social security disability lawyer for over 32 years I know ill or injured people that can not work want to know if they qualify for social security disability benefits, so I created Socialsecuritydisabilityassist.com You can go to that site and answer 5 simple questions and receive a free claim evaluation over the phone to help you determine if it is worth you time to file a disability application.

The social security terms can be confusing. You here about SSI , supplemental security income, as well as SSDI social security disability income and wonder what is the difference. We have answers for you at our new web site. The domain name is social security disability assist. We have styled the title Social Security disability lawyers Cincinnati & Ohio because we want to serve the Ohio population and particularly the Cincinnati population.

Although the social security administration is a national program there is local knowledge involved when dealing with the administrative law judges and the vocational experts they hire . These experts can sink your claim. So it is helpful to have a local lawyer that meets with you , helps you with your application and follows and guides as well as prepares your case every step of the way.

Qualifying For Benefits Does Not Mean You Will Win Your Social Security Claim

There are certain criteria that you will learn that you need to meet to qualify for social security disability income or supplemental security income. For example the durational requirement. How long must you be unable to perform substantial gainful employment? We explain this and many other questions in easy to understand words. 

What Steps You Should Take Right Now

So how do you find out if you qualify . And just as, or even more importantly, how do you put your disability application forward so you have the best chance of winning.? There are certain things you need to bring in as evidence that are critical. There are literally hundreds of things that can impact your claim. But we said we were trying to make this simple. So here are the steps we suggest after representing disabled for over 32 years.

1. Click on this link Cincinnati Ohio Social Security Disability Attorney Anthony Castelli. This will take you to the place where you can answer the 5 questions that will help us determine if you qualify for disability. By doing so you are agreeing that you want us to contact you so we can discuss your claim and answer your questions

2. If we decide in our opinion that you qualify, we will also make a second decision whether we think we can help you win your claim. If so, we will gladly help you if you decide to hire us to represent you.

3. We will then meet with you to get to know you and you life story so we can represent you to the best of our ability.

What if You have Already Been Denied 

If you have already been denied you need to act fast . The time is running for you to appeal .We can help you there if we take your claim .Social security denies deserving people. Over the years we have won many more cases than we have lost even after an initial denial. So a denial does not scare us or bother us. But you must act quickly.

You Can Afford a Social Security Disabiltiy Lawyer

Just click on the link above if you are worried about how you will pay us. I believe your worries will be eliminated by reading how we get paid. No money down. No hourly bills. With your financial future at stake it's time to see if you qualify for social security disability and find out if our 32 years experience of results can help you secure your future. 

By Anthony Castelli Attorney

Cincinnati Ohio

Also representing disabled in Columbus and Dayton

513-621-2345 Free consultation

Lawyer Advertising

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