Category: Social Security Disability

The SS disability claim process is known for being a long and difficult process that can be overwhelming. Many people do not know that there is also a five-month waiting period from your disability onset date once disability benefits are approved. However, the wait can become even longer if the Social Security Administration (SSA) denies your initial application. Fortunately, you may qualify for an expedited SS disability claim.

What Is an Expedited SS Disability Claim?

An expedited SS disability claim can move more quickly through the system under certain circumstances. The SSA created specific categories to speed up certain claims. Each type has separate rules and eligibility requirements. 

You can expedite your claim from the beginning. Or, if your circumstances change, you can request an expedited hearing on appeal. However, what is most important is understanding the process for expediting your SS disability claim and recognizing what Social Security requires to expedite disability cases.

What Is the Process for Expediting a Social Security Disability Claim?

First, SSA has put together a list of conditions with certain requirements that could qualify someone for expedited processing. You will want to check out the compassionate allowances list and see if your condition is listed and whether you may meet the criteria provided. The list is in alphabetic order and includes conditions like ALS, breast cancer, and organ transplant need. 

Second, fill out your application as completely and accurately as possible. The SSA rejects many claims on the first try because applicants fail to provide enough information or because the information is not accurate. You must be truthful, and be sure to provide as much helpful information as possible, including any and all diagnoses, and not only the condition that you feel is most disabling.. Be certain to include your qualifying condition, if you have one listed in the compassionate allowance list, as that will flag your application for quicker processing. 

Finally, you may wish to hire a Michigan SS disability claim lawyer to guide you along every step of the process. Your disability attorney will also receive every correspondence from the SSA. You may find this help vital when your health is compromised and this process becomes overwhelming. An experienced disability lawyer can also make sure everything submitted is accurate and that your file is complete, including preparing and submitting medical source statements from your doctor to help support your case. 

How Can I Qualify for an Expedited Social Security Disability Claim? 

You can qualify for an expedited SS disability claim if your situation falls under one of these categories: 

• Compassionate allowances: If you have a serious condition or injury, you may fall under the compassionate allowances category. 
• Dire financial need: This category applies to claimants facing food and housing challenges, including imminent eviction or foreclosure. 
• Terminal illness: This category applies to terminal conditions like stage IV cancers and ALS. The SSA automatically expedites these claims. 
• Military service: Veterans can file expedited claims if they are a “wounded warrior” disabled in service after October 1, 2001. Others injured before that time must have a compensation rating of 100 percent permanent and total disability. 

The SSA expedites all applications and claims on appeal that indicate a compassionate allowance condition, terminal illness, or qualifying veteran status. If you fall under these categories, mention them in your application, or be sure to update SSA if your condition qualifies after you file or even on appeal. If you are a veteran, be sure to identify yourself as a veteran in the online application. If you see an error on your paperwork, including your application, you can contact SSA to make any corrections and to update your diagnoses.

For dire financial need, inform the SSA via telephone or write a “dire need” letter explaining your situation. Your dire need letter should explain your circumstances thoroughly and clarify why you need help. You can also submit this letter after an appeal to expedite your hearing date if you have one. Prior to the hearing level, you will be assigned a case examiner, both at the initial application and reconsideration stage, and it’s important to keep them updated on any important changes. Specifically, if your condition falls under the compassionate allowance, you have a dire financial need situation, your condition is terminal, and/or you qualify as a “wounded warrior,” you will want to notify SSA right away regardless of the status of your claim. 

Contact Our Michigan SS Disability Claim Lawyer Today

When health conditions and financial needs collide, you may be feeling hopeless and overwhelmed. A lingering SS disability claim can make those feelings worse, especially with not knowing what the future holds. An experienced and caring SS disability claim lawyer in Michigan can manage this process for you while you focus on your health. Contact Disability Law Group today for a free consultation. We will make your disability case a priority and be sure to help you understand your rights and ways to expedite your case. To us, every client matters. 

If your application for Social Security disability or Supplemental Security Income benefits got denied by the Social Security Administration (SSA), you might want to file an appeal. Since the vast majority of applications for disability benefits get denied the first time, most people who end up getting the benefits they deserve have to go through at least one stage of the appeals process.

The good news is that your benefits can be retroactive if your application got denied and you win on appeal. The rules for appeals are strict and unforgiving, so you might want to work with a Michigan SSDI attorney to go after your benefits. Let’s explore the four different stages in the disability appeals process.

First Level of Appeal – Reconsideration

You have 60 days (plus 5 days mailing) from the date of the notice of the adverse decision on your application to file a request for reconsideration. The person who takes a fresh look at your disability claim will not be someone who was involved in the initial denial.

You can file additional evidence and request an appeal online if your claim got denied for a medical reason. If the SSA denied your disability benefits application for a non-medical reason, like your income or assets, you can request an online appeal of the non-medical determination letter that denied your application for benefits.

Second Level of Appeal – Hearing by an Administrative Law Judge (ALJ)

You have 60 days (plus 5 days mailing) from the date of the notice of the adverse decision on your reconsideration to file a request for a hearing by an Administrative Law Judge (ALJ). If you are not happy with the results of the reconsideration, you can ask an administrative law judge (ALJ) to take a look at your file and hold a hearing.

Sometimes, the hearings are in-person. Usually, the in-person hearings take place within 75 miles of where you live. Under some circumstances, the applicant can request and receive a video hearing. Since many people have experienced Zoom and other online video conferencing tools during the pandemic, they are less uncomfortable with this option and might find it more convenient.

Third Level of Appeal – Review by the Appeals Council

You have 60 days, typically though sometimes less (plus 5 days mailing) from the date of the notice of the adverse decision on your hearing by an Administrative Law Judge (ALJ) to file a request for a review by the Appeals Council. If the Appeals Council looks at your request for review and your file and decides that the decision of the ALJ complied with the applicable laws and regulations, they might deny your request for a formal review.

If the Appeals Council grants you a review, they can either send it to an ALJ to review it more, or they can handle the review themselves. If they send your file to an ALJ and you are not happy with the decision of the ALJ, you can ask the Appeals Council to review it themselves.

Fourth Level of Appeal – Federal Court Review

The fourth level of appeal of an adverse decision on your application for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits is to file a civil lawsuit in federal court. You typically have 60 days (plus 5 days for mailing) from the date of the notice of the adverse decision by the Appeals Council to file your case in federal court. However, depending on the facts of your case, and procedural history, your timeline may be different. it is important to contact an experienced Michigan Social Security Disability attorney right away to know your rights and be mindful of any appeal deadline you may have. 

We understand that this four-stage appeals process can be intimidating and overwhelming. You do not have to go through this experience by yourself. A Michigan SSDI attorney can help you at any stage of your appeal. For legal assistance get in touch with our office today, we offer a free consultation.

The Supplemental Security Income Restoration Act of 2021 (SSI Restoration Act) is an attempt to patch holes in the SSI program. The purpose of SSI is to provide a safety net so that people living in poverty do not become destitute. Current economic conditions make it harder than ever for people who rely on SSI benefits to avoid going hungry or experiencing homelessness. However, many people do not realize that for individuals younger than full retirement age, can qualify for SSI by virtue of being disabled so long as they meet the strict financial eligibility rules. 

The SSI Restoration Act would bring the financial eligibility rules in line with today’s economic realities. A Michigan SSDI attorney could help you navigate the application process for SSI and other government benefits. Here is an overview of what you should know about the SSI Restoration Act.

The Current SSI Program

The maximum federal SSI payment for 2022 is $841 a month for an individual, and $1,261 for a couple, according to the Social Security Administration. The federal poverty guidelines for 2022 are $13,590 a year for an individual and $18,310 a year for a couple. 

Stated on a monthly basis, the federal poverty level is $1,132 a month for an individual and $1,525 a month for a couple. In other words, a person who is elderly or disabled and relies on SSI benefits to survive will be living significantly below the federal poverty level. Consigning people to abject poverty because they are old or disabled is not acceptable.

What the SSI Restoration Act Wants to Do

The SSI program might have been appropriate 50 years ago when the benefits program started, in 1972. The problem lies in the fact that the asset and income eligibility rules have not changed in 50 years. Also, benefits have not kept up with the increased cost of living.

Proponents of the SSI Restoration Act want to accomplish these goals:

• Raise the asset limit. Currently, an individual can only own $2,000 of countable assets and $3,000 for a couple. The last time this asset limit was increased was in 1989. In the more than 30 years since that increase, the cost of assets has increased substantially. Using 30-year-old numbers means that people can own fewer actual assets to fall within the asset limits.
• Increase the SSI monthly benefits from below the federal poverty level to match the current poverty level. Also, indexing these benefits to inflation will prevent eligible beneficiaries from seeing the purchasing power of their SSI check dwindle with each passing year. 
• Allow SSI recipients to earn up to $399 a month from working and receive up to $123 a month in other types of assistance, like Social Security, pensions, and veterans benefits without having those amounts reduce their monthly SSI check. The current income limits have not been updated since 1972. Also, after getting updated, the income limits should get indexed every year to keep up with current economic realities.
• Get rid of the current marriage penalty that exists in the SSI system. Each recipient should receive the individual benefit level.
• Eliminate the in-kind help rules that reduce monthly benefits that SSI beneficiaries might receive from relatives or friends, like food or housing.

These improvements to the SSI program would offer motivation to recipients to try to earn some income that could restore their dignity and remove the roadblocks to them returning to employment. More importantly, updating the SSI program would be a fair and moral thing to do.

A Michigan SSDI attorney could advocate for you and handle your appeal if your application for SSI or SSDI benefits got denied. Get in touch with our office today for a free consultation.

Social Security Disability Insurance (SSDI) and Michigan Unemployment are two different benefits programs that have different eligibility requirements that can conflict with each other. If you get approved for both SSDI and unemployment benefits, you will need to notify the Social Security Administration (SSA) and the Michigan Unemployment Department.

You might have to repay some of the benefits, or the two programs might partially offset each other, thereby reducing your unemployment benefits. These situations are complicated, so you will want to work with a Michigan SSDI attorney to make sure that you do not get into trouble. Here is some information that could be helpful if you are asking the question, can I collect SSDI benefits if I applied for or received unemployment benefits? 

The Inherent Conflict Between Applying for Unemployment and SSD Benefits

You have to be willing and able to work to be eligible for unemployment compensation. When you apply for Social Security disability benefits, you have to declare that a severe illness or injury is the thing that prevents you from working.

If you apply for benefits from both programs and the Social Security Administration and the Michigan Unemployment Department communicate with each other, you might find yourself denied by both programs. If you do happen to get approved for SSDI and unemployment benefits, you have a duty to notify both programs of that fact.

Eligibility Requirements for SSDI Benefits

You must convince the Social Security Administration that all of these factors are true to qualify for SSDI benefits: 

• You have a severe medical condition that meets the standards of the Social Security Administration’s Blue Book and is a long-term condition. For purposes of SSDI, long-term means that the medical condition has already lasted or is expected to last for at least 12 consecutive months, or is fatal. 
• Because of the medical condition, you cannot work your previous job or any other type of gainful employment.
• Your current monthly income does not exceed the substantial gainful activity (SGA) income limit. 

The second factor in the SSDI eligibility requirements usually causes problems when applying for unemployment benefits. You must certify to the Social Security Administration that you are unable to work.

How to Qualify for Michigan Unemployment Benefits

The Michigan Unemployment Department requires you to meet these qualifications before you can receive unemployment benefits:

• You were employed before you submitted your application for unemployment benefits.
• You are not employed at the time that you submit your benefits application.
• You did not become unemployed through any fault of your own.
• You are looking for appropriate full-time employment, and both able and available to work. 

If you certify that you are able to work, the fourth factor you must meet for unemployment benefits, then you most likely do not qualify for SSDI benefits, which require you to be unable to work. There are legal risks to applying for both unemployment and SSDI benefits. 

Sometimes it takes a while for the two government benefits programs to share information and discover the inherent conflict in the applications. When that happens, you might have a massive amount of money to pay back to the government. 

You should talk to a Michigan SSDI attorney before applying for both SSDI and unemployment benefits. Contact our office today for legal help, we offer a free consultation.

When you have family members depending on your paycheck, you might worry about what will happen to them if you are no longer alive to be the provider for your loved ones. You might not have enough life insurance to meet the needs of a surviving spouse or disabled child for the rest of their lifetime.

A Michigan SSDI attorney can talk to you and evaluate whether survivors’ benefits will be available in your situation. Let’s address the question, are my family members eligible for my Social Security benefits when I die?

Who Can Be Eligible for Social Security Survivors’ Benefits?

The Social Security Administration (SSA) has several different kinds of survivors’ benefits available, but you must have paid the required amount in Social Security taxes from your paychecks over the years for your family members to be eligible. If you worked jobs that deducted money from your paychecks for Social Security taxes and Medicare taxes, you have paid into the Social Security system. 

If you meet the requirements for Social Security retirement or disability benefits, then your dependent close relatives might be eligible for survivor benefits. If you are not eligible for Social Security retirement or disability benefits, then your family members will not be eligible based on your earnings record. They might be eligible for other kinds of benefits (not survivors’ benefits) for some other reason, even if they do not qualify under your work record. 

Does Your Social Security Disability or Retirement Check Get Sent to Your Family Members After You Die?

No, the Social Security administration should not continue sending your disability or retirement monthly check to your family members after you die. If your family members do receive Social Security disability or retirement checks made out to you after you pass away, they should return them to the Social Security Administration. If they do not do so, they will have to pay back the money.

The SSA will calculate the amount of survivors’ benefits for each of your eligible dependents. The amount will not necessarily be the same amount that you received as your disability or retirement monthly check. Your family should notify the SSA at once of your passing and apply for survivors’ benefits.

Who Can Get Social Security Survivors’ Benefits?

There are four categories of family members who might qualify for survivors benefits through you:

• If you were married at the time of your death, your widow or widower might be eligible for benefits. If your surviving spouse is not disabled, they will likely have to wait until they are 60 years old to start getting Social Security benefits under your account. A disabled spouse can start collecting Social Security benefits at age 50. Your surviving spouse’s age is irrelevant if the person takes care of your disabled child who is under the age of 16. 
• You might have divorced years ago, but if the marriage lasted for at least 10 years, your ex could be eligible for Social Security benefits through you, the same as a surviving spouse.
• Your children could be eligible for some monthly benefits from Social Security through you if they are under the age of 18 and single, or going to high school full-time and not yet 19. If you have a disabled child who is older than 18 and became disabled before turning 22, that individual might receive survivors’ benefits.
• If you provided at least half of the support for one or both of your parents who are over 62 years old, they might be eligible dependents for survivors’ benefits. Sometimes, adopted children, step-children, grandchildren, and step-grandchildren might qualify for survivors’ benefits through you.

The rules for survivors’ benefits eligibility are strict and sometimes complicated. A Michigan SSDI attorney could help you seek the benefits you deserve and appeal a denial of benefits. Get in touch with our office today for a free consultation.