Monday, August 20, 2018

Spanish Speaking Ohio Lawyer can help you win your Social Security Disability (SSD) or Supplemental Security Income (SSI) Cas

spanish speaking cleveland ohio social security disability lawyer



Spanish Speaking Ohio Social Security Disability Lawyer Patrick Merrick has free consultations for Ohio residents (Cleveland, Lorain, Akron, Youngstown, Toledo, Columbus) applying for disability (SSD) or SSI benefits. You won’t ever owe Ohio Disability Lawyer Patrick Merrick a fee unless you’re approved for your benefits and are granted your back award. The attorney fee for Ohio disability and SSI cases is contingent upon winning the case. If you are approved, the standard attorney fee is 25% of your back award (but is capped at $6,000).

Spanish Speaking Ohio Social Security Disability Attorney (Abogado con servicios en  Español) to Help You Get the Benefits You Need

Statistics show that approximately 65% of first-time claims for Social Security Disability and SSI benefits are denied. So, winning your disability or SSI case on your own is difficult. If you are like most claimants in Ohio and are denied benefits, don’t give up. Whether you’re seeking Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), Spanish Speaking Ohio Lawyer Patrick Merrick can help with your appeal.

Ohio lawyer Patrick Merrick, Esq, has over a decade of experience representing claimants and knows first hand that administrative Law Judges prefer to work with claimants who are represented by an experienced lawyer. It is no surprise that applicants and claimants that hire an attorney have a better chance of winning their case. Whether you are applying for social security disability benefits for the first time or are appealing the denial from a judge, Spanish speaking attorney Patrick Merrick can help with your appeal each step of the way. Because Ohio Lawyer Patrick Merrick has been winning disability and SSI cases for over a decade he knows how to create a strong case that the social security administration cannot deny.

Coming from an experienced Ohio disability lawyer, the biggest mistake you can make is giving up and not appealing your denial. To avoid this mistake, call Ohio Lawyer Patrick Merrick who can help you avoid common mistakes:  
  1. government clerical errors (failing to send correspondence to the correct address, failing to record an appeal when it has been filed)
  2. failure to include an important medical record (the social security admistration is tasked with obtaining your medical records but do not rely on them - Ohio attorney Patrick Merrick often sees records overlooked or not submitted at all)
  3. Failure to file a timely appeal - if you are denied benefits and wait longer than 60 days to file an appeal you are forced to file a new application unless you can come up with a good reason for missing the appeal period (if you were in the hospital during this time and can document it then maybe you are OK - but just saying you were busy is not good enough).

Ohio Lawyer Patrick Merrick explains the steps that are necessary to win your social security disability (SSD) or supplemental security income (SSI) case:
Level 1: Initial application and determination (Average wait for an answer is 3-4 months)

Level 2:  First level appeal is called Reconsideration (Additional 2-4 months wait)

Level 3: Second level appeal is a hearing with the Administrative Law Judge (Additional year to year and half wait)

Level 4:  If denied at the administrative law judge level you can appeal to “Appeals Council” to see if the judge made any mistakes in his/her decision (Additional wait of 8 months to 1 year)


How long do I have to file each appeal of the denial of my social security disability or SSI case in Ohio?
At each level (initial denial, reconsideration denial, and administrative law judge denial), appeals must be filed within 60 days of the decision (5 days are added for mailing). Claims are frequently denied at the first two levels (approximately 65-70% at the initial level and up to 80% at the reconsideration level), but it’s not until Level 3 that you will get a hearing front of a judge. At this stage, you can present evidence, get opinion evidence from your doctors, and call witnesses.

Cleveland Ohio wrongful death Lawyer Patrick Merrick explains that if your loved one suffered wrongful death from the negligence of another (car accident, motorcycle accident, truck accident) a doctor, nurse or hospital,  you have legal rights to obtain compensation for medical bills, pain and suffering, and future treatment costs. Free case evaluation 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012

Saturday, August 11, 2018

Ohio Workplace Injuries | Hire an Experienced Ohio Workers Comp Lawyer who will explain your rights and fight against your employer

Workplace Injuries in Ohio
Have you been injured on the job in Ohio? Then contact a Cleveland Ohio workplace injury Attorney who will provide you with the legal services you need to obtain compensation (money for lost wages, medical bills, and disability) for your injuries. In 2018, thousands of workers will suffer fatal and serious injuries on the job. Hospital and doctor bills, time unable to work, and other losses can be recovered with the help of experienced Cleveland Ohio Workers Comp Lawyer Patrick Merrick.

Usually, a work accident in Ohio means that the only course of recover is the Ohio workers compensation laws. However, sometimes it is possible to bring a third-party claim against the non-employer party or individual that caused your accident. It is important that you hire an experienced Ohio workers accident lawyer who understands the rights of recovery under the Ohio workers compensation system.

What is Ohio Workers’ Compensation?

The Ohio workers’ compensation system generally prohibits employees from filing lawsuits against their employer for injuries at work. Also, Ohio law dictates how much compensation the injured worker can receive through the Ohio workers’ compensation system. The Ohio BWC (Bureau of Workers Compensation System) works as a “no fault” system for accidents on the job. This means that as long as the injured worker was not engaging in “horseplay” or intentionally trying to get injured, their claim will be approved. In determining if a claim gets approved and how much recovery/compensation you will get depends on may issues:

What type of injury did you receive (broken bone, sprain, herniated disc, concussion, amputation);

Did your injury arise “out of and in the course of your employment” - meaning were you either on the job or doing something for the benefit of your employer at the time of your accident (ie. not on lunch break or running an errand).

Was yourthe injury the result of an accident or a gradual injury (overuse) or an occupational disease (carpal tunnel syndrome for example)

Since 2017, the laws have changed so that injured workers who used to have 2 years to file a claim for an injury on the job now has that time reduced to 1 year from the date of injury to file the claim.

What Benefits Does the Ohio Workers’ Compensation System Provide to workers hurt on the job?

Unlike damages in a regular negligence lawsuit (for example a car or truck accident), Ohio workers comp compensation benefits are governed by Ohio statute. Also, unlike negligence cases for car and truck accidents, injured workers in Ohio are not entitled “pain and suffering” in their Ohio workers’ compensation claim. However, there is something similar called a percent of disability (c92 application) that allows for compensation based on the permanency of your Ohio work injury).

Some of the types of benefits injured workers in Ohio might be entitled in their workers’ comp case:

Money for not being able to work. The amount you receive is based upon your average weekly wage. For the first 3 months of not working you earn 72% of your “full weekly wage” (this is the average weekly wage you earned for the 5 weeks preceding the accident). After the first 3 months of not working the injured worker receives 66% of their average weekly wage (this is the weekly average the worker earned for the full year preceding the accident).

Money for Medical bills and treatment. An injured worker in Ohio is entitled to medical coverage for their injury (emergency room (ER) visitS, to a hospital admissions,, to doctor visits (including specialists), physical therapy (includes chiropractic treatment,, and medication.

Permanent Disability. Permanent disability is when your injury is not expected to improve, and you may then be eligible for permanent total disability benefits. This means that you are not able to engage in substantial gainful activity (work) ever again.

The Ohio workers’ compensation system is not designed for the typical or average worker to navigate through easily. A worker hurt on the job can lose the right to benefits if they do not have an experienced Ohio workplace injury attorney on their side.

Ohio law permits you to file a lawsuit against a non-employer (third parties) for your on the job Injury

If you are injured on the job in Ohio, it is important to investigate the source or cause of the accident. This means that another party (company, sub contractor) might be responsible for the negligence that caused your accident. They may be responsible for additional costs, damage, and pain and suffering. While pain and suffering is not available as a remedy under Ohio workers comp laws, it is compensable against third parties that caused your accident.

How can a non employer (third party) be responsible for the negligence that caused your accident and injury?

Accidents on the roadways (auto/car and truck crashes). If you are injured in an auto or truck accident while driving for your job, you actually will have 2 claims: 1) an Ohio workers comp claim; and 2) a negligence claim against the at fault party in the vehicle accident.

Suppliers and Manufacturers of products and equipment. If your injury was caused by defective equipment manufactured and/or supplied by a company (not your employer), you may be able to file a lawsuit against them, and still maintain your Ohio workers comp case.

Independent supervisors/managers. If the project where you were injured was managed, supervised, or controlled by an independent party (someone not your employer), you may be able to file a lawsuit for negligence against that third party.

Subcontractors. If your work accident was caused by the negligence of a subcontractor, you may have a claim against them for your

https://www.ohiolawyer4you.com/workplace-accidents-in-ohio.html

How to hire experienced Ohio Workers Comp Lawyer Patrick Merrick

Wednesday, August 8, 2018

How do I qualify for social security disability in Ohio? Cleveland Disability Lawyer explains how to apply and files Appeals for Disability and SSI

Spanish Speaking Ohio Lawyer explains appeals for Social Security Disability and SSI



How do I qualify for social security disability in Ohio? Cleveland Disability Lawyer explains how to apply and files Appeals for  Disability and SSI Denials


​​Spanish Speaking Ohio Lawyer Patrick Merrick explains that if you live in Ohio, you may qualify for Social Security Disability or Supplemental Security (SSI) disability benefits if you meet the disability rules: you have been unable to perform (SGA) substantial gainful activity (work) due to a severe mental or physical impairment that has been determined will last for at least twelve months (or will result in death), or you expect to be unable to work for twelve months or more.

The Ohio Social Security disability and SSI disability qualification process is the same as it is in other states in that you must first file an application. You can file in at any of the local social security offices in the state of Ohio. You may also apply online or via telephone.  You do not need an Ohio attorney to apply or file for initial benefits.

How do I qualify for disability in the state of Ohio?
The approval rate of initial disability claims in Ohio is lower than the national average of 31.2 percent. The denial rate of about 70 percent for all first time disability and SSI applications means that most people applying for disability and SSI benefits in Ohio will have to appeal appeal  in order to win their case..

Ohio disability attorney Patrick Merrick discusses the various appeals. There are two levels of appeals: 1) a request for reconsideration; and 2) and a request for a social security disability hearing with an administrative law judge. Your chance of winning at the reconsideration level is not very good. Unless something drastic has changed in your case (new condition or a major change in your existing conditions) 80-90 percent of the time you will need to file an appeal to have a hearing with the social security disability judge.

In Ohio, approximately half of claimants who are represented by an experienced social security disability or SSI attorney, go to a hearing, and present evidence in favor of their case will win their benefits.

How do I file for social security  disability or SSI in Ohio online
With or without an Ohio disability lawyer, you can file your social security disability or SSI application using the Social Security online disability process.

If you use the online disability or SSI application, you need to complete the online disability forms and medical releases with your disability application. If you do not, you will still have to receive a call from your local Social Security office. If your local social security disability or SSI office cannot get a hold of you, your claim may be denied.

In Ohio, filing for disability or SSI through your local Social Security office will allow you to do the disability interview in person. Another reason for applying for benefits at your local disability office is that you cannot apply online for SSI. The majority of first time applications do not know if their cases will be for social security disability (SSD), supplemental security income (SSI) it may be more better to file your claim with your local social security office.

Also in Ohio, you cannot do the disability interview online.  The interview with social security disability claims representative can allow you to get answers to questions that you may have.

How do I file for disability in Ohio at a Social Security office
If you go in person and file your application at your local Ohio Social Security office, you will have a disability interview during which a claims representative will determine if you are eligible for Social Security disability or Supplemental Security Income disability (SSI).  After filing, your disability claim is forwarded to the Ohio Disability Determination Bureau. This agency is tasked with handling all of the Social Security disability (SSD) and supplemental security income (SSI) decisions for the state of Ohio. Disability examiners are responsible for making a decision on both your initial disability claim and your reconsideration appeal for disability benefits.

When you apply for disability or SSI benefits in Ohio, your claim is assigned to a disability examiner to make a decision on your medical condition. The disability examiner will  requests medical records from all of the places (doctors and hospitals) that you listed when you applied. If they do not have enough current medical records, or have insufficient medical records, you will be scheduled for one or more consultative medical examinations with a doctor from social security.

When the examiner has enough medical information to make a decision on your case, it is their duty to approve or deny your disability case. If your disability or SSI case is denied, you and your Ohio disability or SSI attorney will receive a denial notice/letter from the Disability Determination Bureau. If your initial disability claim is denied, you have sixty five days to appeal that decision.


How do I file a disability or SSI appeal in Ohio?
When you receive your denial, you and your Ohio disability lawyer must decide if you case is worth filing a first level (reconsideration) appeal. For all intent and purpose, this appeal is just a review of the initial disability determination. If there was no mistake made on your initial disability claim, or you have not provided new evidence that supports a finding of disability (something like a new condition or a drastic change in existing conditions), you will most likely have to file an appeal to have a hearing with the social security disability judge. Most Ohio lawyers know that the reconsideration appeal has the highest denial rate of all levels of the Social Security disability process.

If you have to appeal your disability claim to the disability hearing level, you have your best chance of qualifying for disability in Ohio. Administrative law judges are able to be more flexible when making their disability determinations and this allows more disability applicants to qualify for Social Security disability in Ohio.

Patrick Merrick Attorney at Law handles social security disability claims in throughout the entire state of Ohio. Typically, social security disability cases regularly involve back pain and neck pain, heart problems, and emotional and mental problems. On a regular basis  diagnoses such as heart failure, herniated disks, degenerative disk disease, arthritis, lupus, RSD, bipolar disorder, depression, anxiety,  fibromyalgia, chronic fatigue, chronic pain and carpal tunnel syndrome are approved for benefits.
In social security disability claims I do not get paid unless we help you obtain benefits.  If I do help you get benefits, I charge 25% of the benefits owed to you up to that time (your "back award").