We look forward to serving each person that contacts us. Our intention is to listen carefully, advise fully, and assist our clients in reaching the best possible legal outcome. Read more
October 8th, 2014
Did you know that you can file an application for disability even if you have not worked for many years?
An SSD application is based upon your work record and taxes paid. In order to prove disability under this program, you must be disabled during a time when you are “insured” for benefits. Sometimes the date you were last insured can be years in the past. The SSI application is a welfare-based program administered by the Social Security Administration and does not require a work record or an “insured” status. Even if you have not worked in many years due to an injury or illness, you can still file an application alleging your disability began years prior to the application, although one obvious difficulty in this situation is whether the medical providers still have your records. Read the rest of this entry »
May 9th, 2012
Filing for disability with State of Ohio Plans such as OPERS (Ohio Public Employees Retirement System), STRS (State Teachers Retirement System), and SERS (State Employees Retirement System) is a challenging matter. Each of these programs is available to those working within the state employee network. Obtaining disability through these programs is specifically outlined in the Ohio Revised Code.
Generally, one is eligible to file if he or she has five years of employment within the system and is considered permanently disabled. The focus of any application is whether the worker can still perform his or her job. Proceeding without some experience or legal advice can easily lead to a denial and an appeal can be most challenging. Read the rest of this entry »
March 3rd, 2011
Short-term and long-term disability benefits are provided by many companies, including hospitals and educational institutions, to replace or nearly replace wages lost in the event of a disability. If a person is denied these benefits, a federal law called ERISA provides for an appeal process before a lawsuit can begin. There is usually one, but sometimes two, appeal steps after an initial denial and this is called the Administrative Appeal Process. If the appeals are denied and no more appeal rights exist, then a federal lawsuit may be filed in the Federal District Court challenging the denial.
Persons dealing with denials are cautioned to be aware of the rules governing evidence in the review process. Once the Administrative Process is completed, no further evidence can be submitted to the employer or insurance company in support of any federal lawsuit. Therefore, consultation with an attorney is extremely important before appealing the first denial to be sure to understand exactly what is required to make the best case to be awarded benefits in these situations. Our attorneys will advise you and provide information that will not be obtainable from the employer or an insurance company.