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Xenia Ohio Disability Attorney

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BLANK 48.216038, 16.378984

The Law Offices of John T. Nicholson’s Xenia Office is located at 36 North Detroit Street, Xenia, OH and is by appointment only. Please call (937) 432-9775 for a free consultation or to schedule an appointment today. We look forward to helping you with your legal matter.

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Xenia Disability Attorney 39.685349, -83.929637


Ohio Office Locations:


 Dayton * Cincinnati * Columbus * FranklinPiqua *

Troy * Xenia * Springfield *


All other states call 1-800-596-1533

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Will I lose my disability when I go to prison or jail?

How Will Prison Affect My Disability Benefits?

When a person is facing incarceration there is surely a lot on their mind. If the person is receiving Social Security Disability benefits, one of the questions might be whether or not they can keep their disability benefits. The following information will help you better understand exactly what will happen to your Social Security Disability benefits if you are sent to jail.

The rules for suspending Social Security payments for people who are in jail are different based on which type of assistance you receive. The following is an explanation for how each system works:

• Supplemental Security Income

You can receive SSI payments until you have been in jail or prison for a full calendar month from the first of the month through the last day. For example, if you went to jail or prison on July 4, your SSI would continue during July and all of August. If, on the other hand, you went to jail prison on on July 1 then benefits would cease on August 1.

• Social Security Disability Insurance

SSDI rules are different from those for SSI. You will be permitted to receive SSDI benefits until you have been convicted of a criminal offense and spent 30 days in jail or prison. This means that your disability payments will stop on the 31st day you are incarcerated after a conviction.

• SSI and SSDI

If you receive both an SSI and an SSDI check each month, your SSDI payments will stop after 30 days of incarceration following conviction, but your SSI will continue until you have been in jail or prison for a full calendar month, as in the description for SSI above.

Once you are released from jail, it is possible to have your Social Security Disability benefits reinstated. Your benefits can begin the month after you have been released from jail as long as you still qualify for the benefits you had been receiving. If your condition has improved and you no longer qualify, your Social Security Disability benefits will not resume.

To have your benefits reinstated after your release from prison, you will need to visit your local Social Security office and notify them of your release. You will need to bring proof of your release from jail before they can begin payment.

The exception to this rule is if you are in prison for more than 12 months. If you are in prison for more than 12 months, your benefits will not automatically be reinstated after your release. Instead, you will need to re-apply for benefits and go through the lengthy application process all over again.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

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Which medical records are the best for winning my disability claim?

What kinds of medical records do you need for your disability claim?  Before you can begin collecting disability benefits, the Social Security Administration requires that you prove that you are unable to work. The best evidence of this is, obviously, medical documentation. Medical evidence can take many different forms. These can include notes, mental health records, blood work, imaging studies, as well as a multitude of other reports. If you have timely, accurate, and sufficient medical records that come from your treating physician, you will greatly increase your chances of being approved for disability benefits. Each of these qualifiers – timely, accurate, and sufficient – has specific, SSA definitions.

Timely records are those that are relevant to your current medical condition. If you are attempting to claim disability for something that occurred last year, medical records from ten years ago would not be considered timely. Deciding what is timely falls within the purview of the treating physician. The nature of the ailment or condition is one factor in determining the timeliness of the records. If the condition is recurring or continuous, older records regarding the ailment or condition may be timely. If, on the other hand, the condition is one that resolves itself quickly or one that changes, older records may be less relevant and therefore not timely. The doctor knows best in these kinds of situations.

Accurate records are those that properly describe your condition according to acceptable medical sources. The Social Security Administration only accepts medical opinions from certain types of health care providers: (1) licensed physicians; (2) osteopaths; (3) optometrists; (4) podiatrists; and (5) speech pathologists. If the records or opinions do not come from one of these five kinds of health care providers, it may not, in many cases serve as acceptable medical source of evidence to the Social Security Administration. It is important to keep in mind that evidence from lay-persons, chiropractors and the like will be considered by the administration, however, these records will likely not carry as much weight as opinions from the aforementioned sources.

Finally, sufficient records are those that contain enough information for the disability judge to make a determination about your eligibility from those records alone. To be frank, the Administration wants to see that you have been treated for this condition prior to filing for disability. The treating physician’s notes and opinions carry the most weight with the Administration.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

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Can I work and get SSI disability at the same time?

Collecting Disability While On The Job

ticket_to_workMany people mistakenly believe that if you receive Supplemental Security Income (SSI) disability benefits you have to be totally unable to work. That is not the case and it is possible to be gainfully employed and still receive some SSI disability benefits. The Social Security Administration applies a very precise formula to determine how additional income affects SSI disability benefits.

The first thing that the SSA does in calculating how work will reduce your SSI disability benefits is to disregard the first $65 of income that you receive in a given month. That threshold of income is bumped up to $85 if you do not have any other income. Next, your disability benefits are reduced $1 for every $2 of income you receive in a given month.

For example, in 2012, if you receive $250.00 a month in income and that is your only income, the Administration will calculate your benefits as follows.

• $250.00 – $85.00 = $165.00. This means that only $165.00 of your monthly income will figure into the calculation for reducing your benefits.
• $165.00 ÷ 2 = $82.50. This means that $82.50 will be reduced from your monthly benefits from the SSA.
• If you receive the maximum amount of $698.00 (subject to COLA increases each year) per month, your new benefit amount for the month will be $698.00 – $82.50, for a total of $615.50 per month.

If you require the use of additional items to help you work, the costs of those items can be deducted from your monthly income if: (1) you have paid for the items yourself; (2) you will not be reimbursed by your employer for those expenses; (3) you can provide the Administration with proof of payment; and (4) the Administration approves your expense. The Administration calls these items “impairment-related work expenses” and they are deducted before the Administration reduces the benefit amount by $1 for every $2 in earned income.

Blind disability benefit recipients can also receive special deductions for any of their work related expenses. The SSA calls these expenses blind work expenses. These are deducted after the monthly benefits are reduced.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

Posted in Social Security SSD/SSI | Tagged , , , , | 2 Comments

Can I get disability for my child?

Can my daughter and/or son get disability benefits if they are disabled?

The only Social Security disability program that addresses disability for children is called SSI and it is resources based. That is, your income affects whether your child is eligible for benefits. For the income levels see: Does my income affect my child’s disability payments?

Ok, so you reviewed the income chart and you are now asking yourself, now what? Well, first go to your local Social Security Field Office and set-up an interview time. During the interview SSA will obtain a narrative from you regarding the timeline of your child’s medical history. For instance, you will be able to go into great detail regarding your child’s disability (e.g. diagnosis of high functioning autism or ADHD ). At this appointment you will provide address of the child’s treating physicians, telephone numbers, facilities, clinics, hospitals, and treatment dates.
Next the claim is reviewed by your state’s disability-processing agency for processing. If enough evidence is acquired from your child’s treatment notes then the BDD or DDS will make a decision without sending your child to a consultative exam with a physician.

Once a favorable decision is reached, your local Social Security office will contact you to make an appointment to review your income and resources in order to compare your income to the allowance chart in order to make sure that your income still qualifies your child to receive benefits.

In the unfortunate event that your child’s benefits are denied, call 1-800-596-1533 for a free attorney consultation.

Posted in Social Security SSD/SSI | Tagged , , , , , | 1 Comment