Typically, disability means the inability to engage in "substantial gainful activity" which is defined as earning more than $900 per month based on physical and/or mental impairment, age, education and vocational background. Individuals whose disability is under review with the threat of having his or her benefits terminated must show that they have not improved enough medically to return to work.

Many claims are initially. In that instance, an appeal must be filed within 60 days of any denial. If an appeal is not filed, then the disabled individual must start the entire process from the beginning once again and potentially lose all past benefit rights.

The next step in the appeal process is a hearing before an Administrative Law Judge. This is the stage at which the claimant presents information regarding his or her disability. This is the stage at which denied claims may be reversed in favor of the claimant.

If your claim is denied administratively, you have the right to file an appeal in Federal Court for further review of your claim. This is an extremely important level of review because it is the first time someone completely outside of the Social Security system evaluates a disability applicant's case.

Again, although Gruhin & Gruhin does not practice Social Security Disablity Law, we assist our clients in obtaining representation by a lawyer who practices in that area of law. Gruhin & Gruhin discusses whether Social Security Disabliity is an option with their Workers' Compensation clients who have been on OhioBWC Temporary Total Disability for over two (2) years. At that time, it is appropriate to consider filing a a Social Security Disability Claim.