Michigan Social Security Disability Law Blog

Question: I filed for Social Security Disability benefits and the Social Security Administration denied my claim. What do I do now?
Answer: It is not uncommon for the Social Security Administration to deny an initial application for benefits. If you get denied, you need to act immediately. You only have 65 days from the date stamped on the Social Security Administration’s letter denying your application to file an appeal and preserve your Social Security Disability claim.

Question: If the Social Security Administration approves my application for Social Security Disability benefits, what will I get?
Answer: Social Security Disability benefits may include Medicare health care insurance, individual benefits, and family benefits. Your monthly financial benefits will be based on the formula in the Social Security Act, as well as the amount that the federal government counts as your Social Security earnings from employment before you became disabled.

Question: How do I know if I am disabled for purposes of receiving Social Security Disability benefits?
Answer: According to the Social Security law, an eligible "disability" means the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death."  If you are not sure if you qualify, you should check with both your family doctor and our Michigan Social Security lawyers about a potential claim for Social Security Disability benefits.

Question: I have not worked in recent years. Could I still qualify for Social Security Disability benefits?
Answer: The Social Security Administration requires a specific amount of Social Security earnings, or "work credits," to qualify for Social Security Disability benefits. As a general rule, if you worked for 5 out of the last 10 years, you probably have enough "work credits." You certainly should contact the Social Security Administration or consult with an experienced Michigan Social Security Disability lawyer to find out whether or not you qualify.

Question: I have a serious mental or psychological condition that prevents me from working. Can I still receive Social Security Disability benefits?
Answer: According to the Social Security Act, a "disability" can be either physical or emotional, or a combination of both. The key is that a doctor finds "objective medical evidence" that you your condition prevents you from working for at least 12 months.

Question: Can I apply for Social Security Disability benefits on my own?
Answer: Yes. You can file your own application for Social Security Disability benefits, and represent yourself in all legal proceedings. However, statistics show that people with legal representation, especially on appeals, win their Social Security Disability claims much more often than those who try to represent themselves.

Question: I cannot afford to pay an attorney fee now. Can I still get legal help with an appeal of the Social Security Administration’s decision to deny my application for Social Security Disability benefits?
Answer: Yes. If you retain our law firm, there is no attorney fee, unless we convince the Social Security Administration to approve your claim for Social Security Disability benefits. If we win, our fee is defined by the Social Security Act and kept very reasonable. 

Question: I was denied Social Security Disability benefits last year, but my medical condition has gotten worse. Can I try again to get Social Security Disability benefits?
Answer: Yes. There is no limit to the number of times you may apply for Social Security Disability benefits. If you feel that you now qualify for Social Security Disability benefits, you should file another application with the Social Security Administration.

Question: If the Social Security Administration approves my Social Security Disability claim, how long will these benefits last?
Answer: You can get Social Security Disability benefits for as long as you remain disabled from employment and meet all other Social Security Administration requirements. From time to time, the Social Security Administration may review the level of your disability by sending you for a medical evaluation.

Question: My disability was brought on by alcoholism or drug addiction. Can I still qualify for Social Security Disability benefits?
Answer: Maybe. To determine whether you still have a potential Social Security Disability claim, you should consult an experienced Social Security Disability attorney. The Social Security law states that you cannot get Social Security Disability benefits, if alcoholism and/or drug addiction is a contributing factor that is material to the determination that you are disabled. However, people who used to abuse alcohol or drugs can qualify for Social Security Disability benefits, based on other unrelated and disabling health problems.

Social Security Disability Insurance Benefits (DIB) are available to disabled workers who paid enough earnings into the Social Security system. The Social Security Administration (SSA) determines if you are eligible for DIB, based on your work history during the years before you became totally disabled. As a general rule, you probably have enough work credits to qualify, if you worked for 5 out of the last 10 years.

The following factors determine eligibility for DIB:

* Whether or not you have enough work credits to qualify for disability benefits.
* Whether or not you have an impairment that has lasted, or is expected to last, for at least 12 months, or is expected to result in death.
* The nature and extent of your impairment.
* Your ability to engage in substantial gainful activity since your impairment began.
* The date your disability began.

Do I Qualify for Social Security Disability Benefits?

You must be totally disabled from employment and meet the Social Security Administration requirements for prior earnings.

As defined by the Social Security Act, a disability means:

Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death.
Therefore, you may be eligible for Social Security Disability benefits if you can answer yes to one or more of the following questions:

* Do you have a severe physical or mental impairment that prevents you from participating in any type of gainful employment?
* Do you have a disability that prevents you from working at any job, rather than just your previous employment? Has your disability lasted, or is it expected to last, for at least one year?
* Is your disability life threatening?

The Social Security Disability Application Process

The Social Security Administration requires evidence of the extent of a disabling condition before awarding benefits. To succeed in obtaining benefits, you must have a severe impairment that is shown by “medically acceptable clinical and laboratory findings.” Unfortunately, many illnesses may completely disable an individual, but remain difficult to diagnose. In these cases, an attorney can analyze your medical records to try to find the evidence necessary to prove that you have a serious disability.

Can I apply for Social Security Benefits on my own?

Yes, you can file your own application for Social Security Disability Benefits or SSI, and represent yourself in seeking benefits. However, statistics indicate that claimants who have legal representation, especially on appeals, win their benefits much more often than those who represent themselves.

The Initial Application

You can apply for SSA benefits at a local Social Security Branch Office. To obtain the address and telephone number of your nearest Branch Office, call the SSA Hotline telephone number at 1-800-772-1213. (Deaf and hard of hearing individuals can reach SSA on its TTY number at 1-800-325-0778.)

The SSA application form requests a lot of information. In addition, the claim review process can take a long time. Some people simply give up and go away, even if they are genuinely entitled to their benefits. Often, SSA takes several weeks or months to review your initial application. Many individuals are denied at this stage, even though they meet all the requirements for benefits.

Do not be intimidated by the application process. If you are disabled, you have the right to seek benefits.

If SSA denies your application for Social Security Disability Benefits at the initial stage, you only have 65 days from the date stamped on the denial letter to appeal the decision and ask for a hearing to present your claim to an Administrative Law Judge.

The Social Security Hearing

An individual who files a proper appeal before the 65-day deadline will be scheduled for an Administrative Law Judge hearing. Usually, SSA takes between 6 months to 18 months to schedule your hearing date.

* The Administrative Law Judge who conducts your hearing will evaluate the following factors, to decide if you should get benefits: Whether or not you accumulated enough SSA earnings (work credits) to be insured for disability benefits.
* If not, whether or not you qualify under the SSI income limits.
* Whether or not you have an impairment that has lasted, or is expected to last, for at least 12 months, or is expected to result in death.
* The nature and extent of your impairment.
* Your ability to engage in substantial gainful activity since your impairment began.
* The date that your disability began.

Appeal of a Denial at the Hearing Level

If you are denied benefits at a hearing before an Administration Law Judge (ALJ), you have a right to appeal your decision further, to the Appeals Council. However, you only have 65 days from the date of the ALJ denial to file for that appeal.

Therefore we recommend that you contact a lawyer immediately, if an ALJ denied your claim. A lot is at stake when you are unable to work and wrongfully denied Social Security Disability Benefits or Supplemental Security Income (SSI). Families often depend on the income that was denied. A professional, experienced Social Security lawyer will work hard to obtain all relevant medical and employment records, review all documentation, and aggressively pursue a claim on your behalf.

It’s just not right.

Today, 745,000 Americans are waiting an average of 17 months for the Social Security Administration to review their Social Security Disability claims. Of these individuals, almost 50,000 are Michigan residents.

These Social Security claimants had been working and supporting themselves, until they were disabled by serious illness or injury.

The long delay at the Social Security Administration puts many Social Security Disability claimants in desperate circumstances, because they have no other source of income and no health insurance. Due to the Social Security Administration backlog, some claimants may have to use up their savings, borrow money from family and friends, run up staggering credit card debts, lose homes to foreclosure, declare bankruptcy, or end up homeless.

If that were not bad enough, some people die from terminal illness while waiting for the Social Security Administration to look at their applications for Social Security Disability benefits.

According to the National Council of Social Security Management Associations, which represents local Social Security Office administrators, there are two reasons for the long delay in processing for Social Security Disability claims.

First, the aging of “baby boomers” has significantly increased the number of people applying for Social Security Disability benefits. Claims rose 62% in just four years between 2000 and 2004.

Second, the federal government has ignored this trend. Rather than increasing Social Security Administration staffing to handle additional Social Security Disability claims, the federal government cut funding. Now four-fifths of local Social Security Offices cannot keep up with current workloads, and nearly two-thirds of the office cannot even provide prompt telephone service.

Clearly, this is not how America should treat disabled workers or their families.

If you agree, take the time to contact your U.S. Senators and your U.S. Congressperson, and ask them to make sure that the Social Security Administration has the staffing and resources to start giving every Social Security Disability claim fair - and timely - consideration.

I want to welcome you to our Michigan Social Security Legal Help Center Blog on the important issues related to claims for Social Security Disability benefits.

After many years of representing individuals seeking Social Security Disability, we know the impact that a disabling condition or illness can have on an individual’s life. It not only limits the ability to work or handle normal activities of daily living, but also can result in huge medical expenses.

For Michigan families already living on the financial edge, a serious disability can push them past the tipping point, into bankruptcy and foreclosure. Needless to say, these extraordinary financial pressures only add to the emotional pressures of trying to cope with disability.

In short, we understand that people seeking Social Security Disability benefits need all the help that they can get.

Our Michigan Social Security law firm is dedicated to protecting your legal rights and getting you all the Social Security Disability benefits you deserve.

This Michigan Social Security Legal Help Center Blog is another way for us to help share our point of view on Social Security related issues. We hope you find it thoughtful and helpful.