If you or a loved one suffers from a disability that makes it difficult—or impossible—to work and earn a paycheck, Social Security Disability benefits may provide you with a much-needed lifeline. Whether you are just beginning the claims process or your claim has already been wrongfully denied, Philip J. Fulton Law Office can help you.
We have been doing this since 1980. Our reputation is for getting results in even the most difficult cases. No matter what obstacles you believe stand between you and Social Security benefits, you can be certain that we have the ability to overcome them.
Navigating the Social Security Administration (SSA) can be overwhelming. Our firm handles every aspect of the process, ensuring you avoid technical errors that lead to delays. We assist clients in three main areas:
The acronyms used by the Social Security Administration can be confusing. Here is the difference between the main programs we handle:
Often referred to simply as “SSD,” this program functions like an insurance policy. You are eligible if you have worked long enough and paid Social Security taxes (FICA) on your earnings. Benefits are based on your career earnings, not your current assets.
This is a needs-based program for people with limited income and resources who have not worked enough to qualify for SSDI (or who have never worked). Eligibility is based on your financial need, and the monthly benefit is a set federal rate.
Not sure which one applies to you? Determining the correct program is part of our free initial consultation.
A guide to understanding Ohio’s key disability programs.
Based on your work history. You must have worked long enough and recently enough to have paid Social Security taxes.
Funded by the Social Security trust fund through payroll taxes (FICA) you and your employers paid.
You must have earned enough "work credits" to be insured. The amount of credits needed depends on your age.
Recipients become eligible for Medicare after receiving disability benefits for 24 months.
Based on financial need. It is for disabled individuals with very limited income and resources, regardless of work history.
Funded by U.S. Treasury general tax revenues, not the Social Security trust fund.
Your total countable income and assets must be below strict federal limits.
Recipients are typically eligible for Medicaid immediately upon approval in most states, including Ohio.
The first question most people ask is simply, “Do I qualify?” The answer depends on your age, your work history, and the severity of your medical condition.
To receive Social Security Disability Insurance (SSDI), you generally must have worked five out of the last 10 years. If you haven’t worked enough, you may still qualify for Supplemental Security Income (SSI), which is based on financial need.
Learn more about the requirements:
Unlike workers’ compensation, which pays a percentage of your recent wages, SSDI benefits are based on your total lifetime earnings—specifically, the taxes you have paid into the Social Security system.
The SSA calculates your “Average Indexed Monthly Earnings” (AIME) to determine your Primary Insurance Amount. Essentially, the more you paid into the system over your career, the higher your monthly check will be.
Yes, the SSA can reduce monthly payments if you exceed specific income limits. It monitors Substantial Gainful Activity (SGA) to determine if a person’s disability prevents them from working. In 2026, the SGA limit is $1,690 per month for nonblind individuals. Earning above this threshold typically results in a loss of SSDI eligibility.
For those receiving Supplemental Security Income (SSI), the rules are even stricter. The maximum federal SSI rate is $994 per month, and nearly any earned income will reduce this benefit.
The SSA has a limit on how much money you can receive each month. If you get both workers’ comp and SSDI, the total cannot be more than 80% of what you used to earn when you were working. If you go over that limit, the SSA will reduce your disability checks to make up the difference.
When you settle a workers’ comp claim for a single lump sum, the SSA might act as if you received all that money in one month. This can cause your SSDI checks to stop entirely for a long time.
To prevent this, attorneys use “spread language.” By including this language in your settlement documents, the lump sum is treated as if it were small monthly payments spread out over the rest of your life. This could lower your monthly income, which may help you avoid the offset and keep more of your SSDI benefits.
Many people are surprised to discover that their disability benefits may be taxable. While the State of Ohio does not tax SSD benefits, the federal government does in certain situations.
If your combined income (adjusted gross income + nontaxable interest + half of your SSD benefits) exceeds $25,000 (single) or $32,000 (married), you may have to pay federal taxes on a portion of your benefits.
Denials are extremely common. The SSA denies the majority of initial applications, often due to lack of medical evidence or simple paperwork errors. A denial is not the end of the road.
If you receive a denial letter, you have the right to appeal. This often leads to a hearing before an Administrative Law Judge (ALJ). This is where having an attorney is most critical. We gather the necessary medical opinions and cross-examine vocational experts to prove you cannot work.
Your condition must prevent you from working for at least 12 months. We handle claims for a wide variety of physical and mental impairments, including:
It is notoriously challenging to navigate the SSD system alone. At Philip J. Fulton Law Office, we handle the burden for you.
How We Help:
No. It is more like an insurance policy that you purchased. For years, you worked and paid FICA taxes out of every paycheck to fund the Social Security system. You earned this coverage, and you have a right to claim it when you need it.
Yes, and you often should. However, you must be careful. There is an “offset” rule that can reduce your SSD payments if your combined benefits are too high. Because our firm handles both Workers’ Compensation and SSD claims, we can often structure your workers’ comp settlement specifically to minimize this offset and maximize the total money you keep.
You should file as soon as you and your doctor believe your disability will prevent you from working for at least 12 months. Do not wait until the 12 months are up. The application process is long, and waiting too long can result in a permanent loss of back-pay benefits.
Our services are available on a contingency fee basis, which means we ask for payment only if we are successful in getting you the benefits you need.
To learn more, call 614-224-3838 or send us an email to discuss your case with one of our Columbus, Ohio, Social Security Disability attorneys.
