Michigan SSDI Lawyers
Disability Attorneys of Michigan
The Social Security Administration (SSA) provides monthly income payments to individuals with legally determined disabilities, blindness, or economic disadvantages. Children and adults whose income and resources are below the program’s financial limits may be eligible for benefits. Adults older than 65 who do not have disabilities and meet the financial limits also qualify for Michigan disability benefits. If you are unsure whether you qualify, we recommend speaking with our Michigan SSDI lawyers.
SSA runs these programs for beneficiaries meeting specified financial and medical standards. However, navigating the application process and trying to get approval can be overwhelming and confusing. The income provided by SSA benefits enables families to eat and maintain a household while they suffer a debilitating medical condition. Having your application for benefits denied wrongfully can be devastating and frightening. However, you have a legal right to the benefits provided by the SSA.
Luckily, Lipton Law’s Michigan-based disability attorneys have decades of experience securing necessary Social Security benefits for our clients. When your disability prevents you from working, and you believe your Social Security Disability (SSD) benefits or Supplemental Security Income (SSI) was wrongfully denied, contact our Michigan personal injury attorneys at Lipton Law. Since 1964, our knowledgeable lawyers have been helping Michigan residents get the edge they need when going up against the federal government.
Am I Eligible for Social Security Disability Benefits?
An applicant must earn 40 credits (work for ten years) to qualify for Michigan Social Security benefits. Fewer credits are necessary for a younger applicant to receive Social Security disability benefits or for family members to receive survivor benefits. As workers maintain employment and pay Social Security taxes, their credits accrue.
Workers earn a maximum of four credits per year; one credit for every $1,510 in earnings. Workers earn the maximum amount of credits once they’ve earned $6,040. A worker’s annual wages and self-employment income determine how quickly they earn credits. Some people may max out their credits rapidly, while others work all year to earn them.
Most workers usually have enough credits to qualify for Social Security Disability Insurance (SSDI) if they worked for five of the previous ten years.
What Medical Conditions Qualify for Social Security Disability?
The Social Security Administration (SSA) evaluates medical conditions based on specific criteria to determine eligibility for Social Security Disability insurance benefits. The conditions are outlined in the “Blue Book,” which is the SSA’s manual of disabling conditions. Some common categories of medical conditions that may qualify for Social Security Disability include the following.
- Musculoskeletal disorders
- Cardiovascular conditions
- Respiratory disorders
- Neurological disorders
- Mental disorders
- Immune system disorders
- Digestive system disorders
- Endocrine disorders
- Genitourinary disorders
- Cancer
It’s important to note that meeting the specific criteria outlined in the Blue Book is crucial for eligibility. Additionally, the severity of the condition and its impact on an individual’s ability to work are considered during the evaluation process.
If you’re considering applying for Social Security Disability benefits, it’s advisable to consult with a Michigan social security disability attorney to navigate the application process successfully.
What Is the Basic Process of Applying for Social Security Disability?
The process of applying for Social Security Disability differs from applying for other types of benefits, such as workers’ compensation. The process involves several steps and can be quite complex for those who have never encountered it before. This is why many filers choose to work with experienced disability attorneys for their applications.
In the following sections, we outline the general process for applying for SSD in Michigan.
Initial Application
The first step is to submit an initial application to the Social Security Administration (SSA). This can be done online, over the phone, or in person at a local SSA office. The application requires detailed information about your medical condition, work history, and other relevant details. It is essential to provide accurate and thorough information to support your claim.
Medical Documentation
Medical documentation is a critical aspect of the application process. You’ll need to provide detailed medical records, including diagnoses, treatment plans, medications, and any other relevant information about your health condition. The SSA will use this information to assess the severity of your impairment and its impact on your ability to work.
Consultative Examinations
In some cases, the SSA may require applicants to undergo consultative examinations. These are medical evaluations conducted by healthcare professionals contracted by the SSA to gather additional information about your condition. These exams help the SSA better understand the nature and extent of your disability.
Disability Determination
After receiving your application and medical documentation, the SSA will review your case to determine whether you meet the eligibility criteria for SSD benefits. The agency uses a sequential evaluation process that considers factors such as the severity of your impairment, your ability to perform past work, and your capacity for other types of work.
Notification of Decision
Once the SSA completes its evaluation, you will receive a notification informing you of the decision. If your application is approved, you will begin receiving disability benefits. If it is denied, the notification will include information on how to appeal the decision.
Appeals Process
If your initial application is denied, you have the right to appeal the decision. The appeals process involves multiple stages, including reconsideration, a hearing before an administrative law judge, and further appeals if necessary. It’s crucial to adhere to deadlines and provide any additional evidence or information that may strengthen your case during the appeals process.
How to Craft a Strong Disability Application
Submitting a strong Social Security Disability (SSD) application involves meticulous attention to detail. Begin by thoroughly understanding the eligibility criteria outlined by the Social Security Administration (SSA). Ensure that your medical condition aligns with the specified impairments in the Blue Book. Collect comprehensive and up-to-date medical records, highlighting the diagnosis, treatment plans, and the daily impact of your condition.
Provide a detailed work history, emphasizing challenges faced at previous jobs due to your impairment. The Residual Functional Capacity (RFC) form is crucial; work closely with your healthcare provider and an experienced attorney to accurately outline limitations and restrictions. Include supporting documentation, such as letters from healthcare professionals or testimonials from friends and family, attesting to the severity of your impairment.
Follow the SSA’s application instructions carefully, completing all required forms accurately. Consider seeking assistance from a disability attorney or advocate who can navigate the complex process and ensure your application meets all necessary requirements.
If the SSA requests a consultative examination, cooperate fully and provide detailed information about your condition. Keep detailed records of all communication with the SSA, noting dates, times, and content. In case of a denial, be prepared to appeal the decision. Staying persistent and proactive throughout the application and appeals process significantly enhances your chances of a successful outcome.
What Happens If My Social Security Disability Is Denied?
If your initial SSD application is denied, don’t panic. You have the right to appeal the decision. Just as with the initial application, it’s important to prepare for an appeal thoroughly. We strongly advise seeking help from experienced disability attorneys for an appeal.
In general, the Social Security Disability appeals process involves the following steps.
Reconsideration
The first step in the appeals process is reconsideration. Your case will be reviewed by a different examiner who was not involved in the initial decision. You can submit additional medical evidence and documentation to strengthen your case.
Hearing Before an Administrative Law Judge
If your claim is denied at the reconsideration stage, you can request a hearing before an administrative law judge. During the hearing, you, your representative, and any witnesses you bring can present evidence and testify. The judge will then make a new determination based on the information presented.
Appeals Council
If the judge denies your claim, you can appeal to the Social Security Appeals Council. The Appeals Council will review your case for legal errors and may either approve your claim, deny it, or send it back to the judge for further review.
Federal Court Review
If the Appeals Council denies your claim or decides not to review it, you have the option to file a lawsuit in federal court. This is the final stage of the appeals process.
What Is the Difference Between SSI and SSDI?
Understanding the difference between the two Social Security programs available to disabled individuals may be confusing. Our Michigan Social Security disability lawyers have dedicated years to protecting the rights of those seeking benefits through either of these programs:
Social Security Disability (SSDI)
SSDI benefits are entitlement programs employers, workers, and the self-employed pay for with the Social Security tax levied on their earnings. Benefit eligibility is based on an applicant’s work history (or a parent or spouse’s), while earnings determine the benefit amount.
SSD claim benefit types include Retirement, Survivor, and Disability (including blindness).
Social Security Disability Insurance is also known as Social Security Disability (SSD) and Retirement, Survivors, and Disability Insurance (RSDI).
What Benefits Are Included with Social Security Disability?
Social Security Disability benefits provide financial assistance to individuals who are unable to work due to a qualifying disability. Some specific benefits provided by SSD include disability insurance benefits, dependent benefits, and Medicare coverage.
Disability Insurance Benefits (DIB): DIB is the primary form of SSD benefits. It provides monthly cash payments to individuals who have worked long enough and paid Social Security taxes. The amount of the benefit is based on the individual’s average lifetime earnings.
Dependent Benefits: In addition to the disabled individual’s benefit, certain family members may be eligible for dependent benefits. This can include spouses, children, and sometimes ex-spouses, depending on their age and other factors.
Medicare Coverage: Individuals receiving SSD benefits are eligible for Medicare after a waiting period of 24 months. This includes hospital insurance (Part A) and medical insurance (Part B). Medicare provides essential healthcare coverage for disabled individuals.
SSDI Basics
- Earnings determine benefits
- No limit on income or resources
- The minimum amount of work credits is required
- Medicare
- Benefits for eligible family members
- Average lifetime earnings determine the benefit amount
- Benefits not affected by other income (wages may affect retirement or disability benefits)
Social Security Disability Requirements for Adults
To qualify for benefits in a Social Security Disability claim, an adult applicant must meet the following criteria.
- Work Credits: Adults must have earned sufficient work credits by paying Social Security taxes during their employment. Work credits are based on the individual’s work history and the amount of income subject to Social Security taxes.
- Medical Eligibility: Individuals must have a medically determinable impairment that is severe and expected to last for at least 12 months or result in death. The impairment must significantly limit the individual’s ability to perform basic work-related activities.
- Inability to Perform Substantial Gainful Activity: Applicants must demonstrate that they cannot engage in substantial gainful activity due to their medical condition. This is determined by earnings thresholds set by the SSA, and the inability to earn a certain amount due to the disability is a crucial factor.
- Age and Work History: The SSA considers an individual’s age, education, and work experience when evaluating disability claims. For example, older individuals may be evaluated more favorably as the ability to adapt to new work may decrease with age.
- Residual Functional Capacity: The RFC assessment is a key component of the evaluation process. It considers an individual’s ability to perform physical and mental activities despite the impairment. The RFC helps determine the individual’s capacity for work.
Supplemental Security Income (SSI)
SSI is a needs-based program for individuals with limited resources (assets or things they own) and income. General tax revenues fund this program, and federal and state laws determine the benefit amount. The supplemental security income benefits amount an applicant receives considers their income, where they live, and who lives with them.
Beneficiaries include those aged 65 and older and adults and children of any age with a disability or blindness.
Eligibility for SSI is based on the following factors:
- Household income within the income limit
- Applicant has an impairment or serious illness that has lasted or is expected to last at least 12 consecutive months or result in death
- The impairment’s extent and nature
- Applicant’s ability to engage in substantial gainful activity after the impairment began
- The date of the disability
SSI Basics
- Benefits are need-based
- Limited income and resources
- Work credits are not required
- Medicaid
- No family benefits
- federal and state laws determine the benefit amount
- The benefit is affected by other income
- Who lives with the applicant and where the applicant lives may affect benefits
What Is a Disability?
Social Security defines a disability that qualifies for SSDI as:
“… the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”
The agency also considers an applicant’s age, education, and previous work experience. If the applicant cannot perform other types of substantial gainful work after considering these factors, an applicant may have a qualifying disability.
What Is a “Medically Determinable Impairment?”
A medically determinable impairment results from an anatomical, physiological, or psychological abnormality diagnosed with clinical and laboratory testing. The individual’s impairment must be established with medical evidence before the disability qualifies for benefits.
When Should I Apply For Benefits?
If you suffer from a condition and have missed at least 30 days of work, you may apply for Social Security Disability benefits. As previously stated, your condition must also prevent you from working for at least 12 months, or you expect to miss at least 12 months of work.
Please reach out to a Michigan SSDI lawyer at Lipton Law for a free consultation. Our legal team has extensive experience with disability law and the approval process. Legal representation may make the difference between an application approved on the first try and a denial.
Why Is It Taking So Long to Get My Disability Back Pay?
The processing time for Social Security Disability (SSD) back pay can vary, and several factors contribute to the length of time it takes to receive these retroactive benefits. One primary factor is the backlog of disability claims within the Social Security Administration (SSA). The SSA handles a significant volume of applications, and the backlog can result in delays at various stages of the claims process.
Another factor influencing the delay is the thoroughness of the disability determination process. The SSA conducts a comprehensive review of an individual’s medical records, work history, and other relevant information to assess the severity of the disability and its impact on the ability to work. This meticulous evaluation aims to ensure that deserving individuals receive the appropriate amount of back pay.
Additionally, administrative processes, such as the need for consultative examinations or additional documentation, can contribute to delays. The SSA may request further information or examinations to clarify aspects of the disability claim, which can extend the processing time.
Moreover, the appeals process, if applicable, can add additional time to the overall timeline. If an applicant appeals a denial and goes through the reconsideration, hearing, or appeals council stages, it can further delay the disbursement of back pay.
How a Michigan Social Security Disability Lawyer Can Help
Social Security Disability benefits can be difficult to obtain. A Michigan disability lawyer can help you gather, organize and present the appropriate information to receive the Social Security benefits you deserve. Lipton Law’s qualified legal team guides you through the appeals process if your claim is already denied.
Social Security benefits are essential for many families’ survival. Disabled workers face a lack of income because of their disability, as well as a lack of health insurance. Often, claimants do not have insurance because their medical conditions prevent them from working. Social Security provides medical insurance benefits through the Medicare and Medicaid programs.
What Are Your Chances of Winning Disability with a Lawyer?
Having a disability lawyer can significantly enhance your chances of winning a Social Security Disability (SSD) case. Social security disability lawyers specialize in navigating the complex and often challenging process of obtaining disability benefits. The key factors that contribute an increased chance of success include the following.
- Experience and knowledge in disability law
- Preparation and case evaluation
- Effective communication with the Social Security Administration (SSA)
- Representation at hearings
- Knowledge of appeals process
While having a disability lawyer can significantly improve your chances of winning a disability case, success is not guaranteed. The strength of your case, the severity of your disability, and adherence to medical treatment recommendations all play crucial roles. Working closely with a knowledgeable disability attorney increases your chances of navigating the complex SSD process successfully.
Experienced Southfield Social Security Disability Lawyers
SSA denies more than 60% of disability applications. And many law firms won’t help you until you apply on your own and Social Security denies your claim. At Lipton Law, we help you through every step of the SSD application process. From filling out the initial application to receiving your benefits – our experienced Michigan disability attorneys ensure it’s done right! Call our Southfield office today at 248-557-1688 or contact us online to get started on your Social Security Disability claim. You won’t pay us anything unless we achieve a favorable outcome in your Social Security Disability case because we represent cases on a contingency fee basis.
Lipton Law handles more than just Social Security law. Just read the successful outcomes our firm achieved for our clients. Our competent attorneys represent clients with various legal needs, including Michigan car accident, Michigan slip-and-fall claims, Michigan nursing home abuse, Michigan dog bite injury, and more.
