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Social Security Disability
Short/Long Term Disability
Ohio State Disability Plans
General Practice Law
We assist individuals at all levels of the Social Security process including filing lawsuits in Federal Court. Although typically an individual will not need an attorney at the first level, it may be wise to consult with an attorney before filing your application. Read more.
Anyone seeking short or long term benefits should consult an attorney and then decide if representation is necessary. Our office has many years of experience with ERISA law and will be more than happy to talk to you about your claim. Read more.
Anyone applying for disability benefits in State Disability plans should consult with an attorney familiar with these plans and with the Ohio law regarding the decision making process to insure that all deadlines are met and that all evidence is submitted. Read more.
Both of our Attorneys have trial experience. If you feel you have been injured or wronged in any manner, and want to consult with one of the attorneys at our office please contact us for a free consultation to review your claim. Read more.

Welcome to The Law Office of Michael A. Malyuk:

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


The Latest News and Information:


State of Ohio Disability Plans

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.

Our experience with these disability cases is that you need legal representation from the beginning.  We can guide you in the completion of all the forms and presentation of all the evidence to put you in the best possible position prior to a decision.  Ohio law allows these State programs to have you examined and the law further allows them to adopt the examiner’s report in determining disability.  Gathering and presenting evidence, and preparing for any examination is crucial in these cases.

The State disability programs are governed by the Ohio Revised Code and allow decision makers to rely upon the State Examiner’s opinion.  Proper evaluation of a case and any examiner’s opinion, gathering of all pertinent information for submission to the decision maker, and any appropriate legal arguments can lead to a favorable determination or at least a decision that can be appealed with some chance of success.  If you are considering filing for disability, or if you have already filed and would like help, call our office to speak with one of our attorneys.

 


Critical Evidence That Can Save (Or Kill) Your Social Security Disability Case

March 23rd, 2012

During the application process for Social Security Disability and SSI, certain evidence is often highly scrutinized.  That critical evidence includes whether or not you are taking your prescriptions as instructed by your physician, whether you are following through with recommendations from your treating physician, whether you are using and/or abusing drugs/alcohol/cigarettes, and whether you are doing anything else that generally would indicate that you are not attempting to get better.

Social Security evaluators and judges are required to thoroughly examine all medical records from your treating physicians.  When a decision maker finds that you are disregarding instructions from your own doctors, that decision maker is permitted to question the credibility of your allegations throughout the entire record.  Therefore, it is critical that you follow through with your doctor’s recommendations unless there are very legitimate reasons not to do so.  This is even more critical when your treating physician recommends that you quit smoking, lose weight, stop eating unhealthy foods, stop drinking alcohol, and/or stop using illegal drugs.

Based upon our experience, Judges rarely, if ever, overlook instances where you are blatantly disregarding recommendations or orders from your treating physicians.  Even the best of cases become more difficult when you are not doing what your doctor asks.

Of course, there are legitimate reasons why you are not taking your prescriptions as required, such as a lack of insurance, extreme side effects, etc.  However, this information must be properly documented in the record so that a judge may understand your reasons and consider them properly.

The Law Office of Michael A. Malyuk can assist you in reviewing medical records, identifying potential issues with medical compliance, and help you get back on track.  Contact one of our attorneys to see if we may be able to help you with your case.


Social Security Disability – The Waiting Game

March 3rd, 2011

A person who applies for Social Security disability is often extremely frustrated with the amount of time it takes to get a decision on his/her claim.  That individual’s frustration is compounded by the fact that there is usually substantial loss in monthly income in the household as a result of his/her inability to work.

The application process includes three main steps. Read the rest of this entry »


Short and Long Term Disability – Get Your Evidence In Before It’s Too Late!

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.