Defendant's Attorney: Benjamin Seth Schecter, susana Ochoa, Timothy E. Thompson
Description: Louisville, Kentucky social security disability lawyer represented Plaintiff seeking review of the denial of her application for Social Security: DIWC/DIWW benefits by HHS.
Social Security Disability Insurance (SSDI) is a federal program that provides monthly benefits to people who are unable to work due to a disability. To qualify for SSDI, you must meet the following requirements:
You must be 18 years of age or older.
You must have worked in jobs covered by Social Security for a certain amount of time.
You must have a medical condition that meets Social Security's definition of disability.
Social Security's definition of disability is very strict. To be considered disabled, you must be unable to do any kind of work that you could do before your disability began, and you must be unable to adjust to other work because of your medical condition.
If you think you may be eligible for SSDI, you can apply online or by mail. You will need to provide medical records and other information about your disability. The Social Security Administration (SSA) will then review your application and make a decision.
The SSA has a five-step process for determining whether you are eligible for SSDI:
Initial determination: The SSA will review your application and medical records to determine if you have a medical condition that meets Social Security's definition of disability.
Reconsideration: If your initial determination is denied, you can request a reconsideration. The SSA will review your case again and make a new decision.
Appeal: If your reconsideration is denied, you can appeal the decision to an administrative law judge (ALJ). The ALJ will hold a hearing and make a decision.
Review by the Appeals Council: If your ALJ decision is denied, you can appeal the decision to the Appeals Council. The Appeals Council will review your case and make a decision.
Federal court review: If your Appeals Council decision is denied, you can file a lawsuit in federal court. The court will review your case and make a decision.
The average processing time for SSDI applications is about 350 days. However, it can take longer if your case is complex or if there are delays in getting medical records.
If you are approved for SSDI, you will receive monthly benefits. The amount of your benefits will depend on your earnings history and the number of dependents you have.
SSDI benefits can be a lifeline for people who are unable to work due to a disability. If you think you may be eligible, I encourage you to apply.
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Outcome: 07/17/2023 17 ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION signed by Judge Claria Horn Boom on 7/14/2023. Magistrate Judge Lindsay's Report and Recommendation [R. 14] is ADOPTED as the opinion of the Court. Plaintiff's Objection to the Report and Recommendation [R. 15] is OVERRULED. The final decision of the Commissioner is AFFIRMED. A separate Judgment will be entered consistent with this Order. cc: Counsel of Record (MNM) (Entered: 07/17/2023)
07/17/2023 18 JUDGMENT signed by Judge Claria Horn Boom on 7/14/2023 in favor of Commissioner. This is a FINAL Judgment, and this matter is STRICKEN from the Court's active docket. cc: Counsel of Record (MNM) (Entered: 07/17/2023)
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