Category: Social Security Disability

An essential element of having a credible Social Security Disability claim is demonstrating continued medical treatment and care from a medical professional. At Disability Law Group, we are honored to fight for our clients and for their deserved benefits. One requirement we have is that clients are actively in treatment and continue to follow up with their medical providers so that we have what we need to help in the best way possible. Licensed medical providers know their patients best and will add credibility and support to their argument of being considered disabled under law. We will need the names of the doctors, contact information and length of treatment so that all appropriate medical records can be requested in a timely manner. In addition, it is imperative to include hospitalizations, urgent care visits, emergency department records, medical tests, MRIs, CT scans, bloodwork, x-rays and testing results. Having consistent and updated medical records allows us to demonstrate to the Social Security Administration that your current medical status and prognosis.

Documentation is key and a huge advantage if a case goes all the way to the Administrative Law Judge (ALJ) hearing level. Initiating a conversation with your physician even before submitting your initial application, is highly recommended. Keeping your medical team updated throughout the process will ensure that necessary documentation is submitted in a timely manner and important deadlines are met. Once our office requests medical records from their offices and facilities, they will be aware and take urgency in this matter. Our firm also drafts Medical Source Statements to be presented to your medical providers to help add additional supportive evidence to your case. The more your doctors understand about your symptoms, the more willing they typically are to take the time needed to complete these forms and do so in a timely manner. A statement in support by one of your treating medical providers can be huge advantage in either being denied or approved benefits.

Along the way, it would be helpful to maintain a written record or journal of all treatment dates, locations and additional testing. Rather than estimating or guessing on this crucial information, it is best to know exact dates so that all pertinent records can be obtained and so that nothing is missed in your case. This will alleviate further headaches when filing the application and while it is still pending, awaiting a decision. We recommend all clients contact our office for any changes in medical treatment, surgeries or new physicians.

Updated progress notes and office treatment records exhibit the possibility of a worsening condition and deteriorating health. The Social Security Administration will take into consideration if the claimant is complying with recommended treatment, how they are reacting to prescribed medications and how all of this will affect their ability to maintain employment. Abruptly stopping or ending treatment is not advisable without first consulting with your doctor, and it is best to follow all recommendations from your medical team. Oftentimes, medical conditions are not curable or reversible, but even after all other medical treatment has been exhausted, it is important to still go to all follow up visits. Not only does medicine evolve and, with time and medical advancements, new treatment options become available, but your visits document your continued complaints, including medication side-effects, and response to treatment, all of which must be considered by Social Security in your disability case.

As mentioned above, your own doctors can be more inclined to complete paperwork, and Medical Source Statements, detailing your symptoms and limitations, which can help your case. But, SSA may also obtain these statements from other physicians as well, which may not be favorable for your case. Consultative examinations completed by medical experts will provide an analysis of limitations and impairments that would impact your ability to function in particular jobs. However, oftentimes, these examinations are done quickly, without a full review of your medical evidence and may not be helpful to your claim. This is where hiring a team of disability attorneys and support staff can help, not only in obtaining evidence that would support your allegations, but in raising arguments that highlight your disability. Claims filed on the basis of a mental health condition will require medical treatment records from a mental health provider and show that you are complying with recommended care.

Compiling all of these documents, forms and records can be stressful and overwhelming, especially when maintaining your own busy schedule with doctor appointments and more. You do not need to go through the process alone. At Disability Law Group we have years of experience specializing only in disability claims. We will work alongside your doctors to obtain the necessary medical records in an efficient, effective and punctual matter. Please don’t hesitate to contact us for your free consultation today at 800-838-1100 or https://disabilitylawgroup.com/.

Compassionate Allowances was established to efficiently identify the health issues that meet standards of being disabled under law. This program is not separate from Disability Insurance Benefits and Supplemental Security Income. Social Security’s Compassionate Allowance is a special program that expedites the application or disability process for specific qualifying medical conditions. The merit of a claim can be decided solely on the documented and recorded diagnosis. However, medical records will be evaluated to not only confirm a diagnosis, but additional limitations that may be applicable when evaluating the specific criteria.

Medical records can help show that a disability claimant’s conditions and limitations, as well as response to treatment, would be so severe that they would merit consideration of an award of disability benefits based on the Compassionate Allowance criteria alone. In other words, a finding that a claimant’s conditions meet the criteria for one or more of those outlined in the Compassionate Allowance listing would allow for a quicker decision, granting disability benefits, without further waiting and appeals needed.

Overall these conditions include many types of cancers, ALS, neurological disease, rare disorders that impact children, and more. There is an exhaustive list of around 200 conditions that fall under the Compassionate Allowance program. Many of these conditions account for terminal illnesses and incurable diseases. Parameters on the severity of the condition and prognosis are established when deciding the merit of the claim. Below is a link to all of the current diseases listed under the Compassionate Allowances (CAL) Conditions: https://www.ssa.gov/compassionateallowances/conditions.htm. Examples of some of the most common conditions for these type of applications are:

• Alzheimer’s disease
• Mixed dementia
• Breast Cancer – with distant metastases or inoperable or unresectable
• Child Lymphoma
• Gallbladder Cancer
• Kidney Cancer – inoperable or unresectable
• Liver Cancer
• Ovarian Cancer – with distant metastases or inoperable or unresectable
• Salivary Cancers
• Small Cell Lung Cancer
• Thyroid Cancer

If you have a condition(s) on the Compassionate Allowance list, benefits can be approved in as quickly as a few weeks or months. You will want to make sure that all medical documentation is received timely and any letters in support to help confirm the criteria is met are supplied. You will want to make sure that all paperwork is filed and deadlines are met, and communicate any changes or updates regularly. At Disability Law Group, our goal is to help our clients win the benefits they deserve as quickly as possible.

If you or a loved one have one of these qualifying conditions, or another condition not included in this list, please contact our office for a free consultation at 248-838-3000 or https://disabilitylawgroup.com/. Our legal team has personally have had relatives, family and friends, as well as many other clients go through this process. We are here to help you win the benefits you deserve as quickly as possible.

Sources

• Compassionate Allowances Conditions: https://www.ssa.gov/compassionateallowances/conditions.htm

One of the most common reasons people get denied when they apply for Social Security Disability Insurance (SSDI) benefits is that the Social Security Administration (SSA) wants more documentation from them. Every time the SSA sends your paperwork back to you for more documents or denies your benefits claim because of insufficient documentation, the longer your benefits get delayed.

It could help if you knew the documentation requirements for SSDI benefits, and what to know when applying for the benefits you need when you cannot work because of a disability. A Michigan SSDI Attorney could help you prepare your SSDI benefits application so that you have all the documentation that SSA will require.

Birth Certificate or Other Proof of Birth

The SSA will need to know where you were born, the date of your birth, and your Social Security number. If you are currently married or ever were married, you will have to include your current and any former spouse’s name, Social Security number, and date of birth. Also, be sure to include the dates and places of each marriage and the dates of divorce or death, if applicable. 

People do not automatically qualify for SSDI benefits merely because they now live in the United States. If you were not born in the United States, you will need to provide documents that prove your United States citizenship or lawful alien status.

U.S. Military Discharge Papers

If you served in the military before 1968, you will need to submit your military discharge papers with your application for SSDI benefits to show your eligibility.

Last Year’s Tax Returns or W-2’s

If you were employed during the last tax year, you must submit your W-2 forms. Self-employed people need to submit their self-employment tax returns for the previous year.

Worker’s Compensation Benefits

Whether you received any temporary or permanent worker’s compensation-type benefits, you will need to include your award letters, pay stubs, redemption or settlement agreements, or any other proof of the benefits you received.

Medical Records

The SSA can obtain many of your doctor, hospital, and other medical records if you sign a records release authorization, but it could help if you submit the medical evidence you already have in your possession. You will want to include recent test results, reports from your doctors, and other medical records that you have on hand when you file your SSDI application.

Can I Submit Copies, or Do I Have to Send Originals?

Some things, like your birth certificate, if requested, will have to be the original documents. You can usually obtain an official “original” copy of your birth certificate by contacting the department of vital records of the state where you were born. The SSA returns original documents after processing applications.

Most other documents, like medical records, self-employment tax returns, and your W-2 forms, do not have to be originals. You can submit scans or photocopies of those papers. 

When you mail documents to the SSA, you have to include your Social Security number inside the packet of documents so that the SSA can connect them with the correct application. You should not write your Social Security number or anything else on any original documents. Instead, write your Social Security number on a separate piece of paper and put it inside the envelope in which you mail your documents.

A Michigan SSDI Attorney can help you with your SSDI benefits application or denial of benefits. Contact our office today for legal assistance, we offer a free consultation and disability is all we do.

When a person cannot work because of a disability, that person may qualify for Social Security disability benefits. There are two programs available for disability payments. The federal government pays disability benefits from Social Security funds. Our Michigan SSDI attorney can help you determine which program applies if you cannot work because of a disability. 

Where Does the Government Get Funds for Social Security Disability Benefits?

The Social Security Administration (SSA) administers Social Security benefits for individuals throughout the United States. Social Security benefits include both retirement disability payments. The program is funded through payroll taxes paid by employees and employers. The funds collected through payroll deductions are divided between two accounts – Old Age and Survivors Insurance (OASI) and Disability Insurance (DI).

For 2021, payroll tax deductions for Social Security equals 12.4 percent of income up to $142,800. Employees and employers split the payment by paying 6.2 percent. Self-employed individuals pay the entire amount owed for Social Security taxes. 

Most of the taxes paid to Social Security go into the disability insurance fund. Only a small portion is paid to the retirement fund. When a person is approved for Social Security disability benefits, they receive payments from the Disability Insurance fund.

How Do I Qualify for SSDI Benefits?

SSDI benefits are disability payments for individuals who cannot work because of a disability. Before you can qualify for SSDI benefits, you must contribute to the system. Individuals contribute to SSDI by working and paying employment taxes to Social Security. The amount of taxes you must pay before you are eligible for SSDI benefits depends on your age, income, and work history. Work credits are used to determine if you have paid enough money into the system to be eligible for SSDI benefits. 

When you pay employment taxes, you receive work credits. The work credits are based on the amount you earn. You can earn up to four credits each year. For example, in 2021, you must earn $1,470 in covered earnings for each credit. So, once you earn $5,880 in 2021, you have earned your maximum of four work credits for that year.

To be eligible for SSDI disability benefits, you must have earned 40 work credits if you were born after 1928. If you are 31 years or older, at least 20 of the 40 work credits must have been earned within the ten years before you became disabled. The number of work credits needed to qualify for SSDI is adjusted for individuals under the age of 31 years.

In addition to your work credits, you must meet the definition of disabled. The definition of disabled used by the Social Security administration may be different from the definition used by other agencies or insurance providers.

You are disabled if you have a medically verifiable mental or physical impairment that will result in your death or will last for one year or longer. In addition, the impairment must prevent you from performing any substantial gainful activity that would earn income. 

Schedule a Free Consultation With Our Michigan SSDI Attorney

If you have questions about SSDI disability benefits, contact our office to schedule a free consultation with an experienced Michigan SSDI attorney. At Disability Law Group, disability is all we do and we are here to help you.

What Are the Requirements for Receiving SSDI Benefits if I Have Bipolar Disorder?

It is believed that approximately 5.7 million people across the nation suffer from bipolar disorder, according to the National Institute of Mental Health. Bipolar disorder is a serious mental disorder characterized by extreme changes in mood, energy, thoughts, and behavior.

Bipolar disorder is also commonly referred to as manic depression, due to the sufferer’s ability to alternate between mania or highs and depression or lows.  

Bipolar disorder can make it challenging for those who suffer from it to perform work and daily living tasks. Swings in behavior can lead to employees frequently calling off work when depressed or struggling to control their actions when in a manic state.

For some people with severe bipolar disorder that is not well controlled through medication, it may be a possibility to apply for Social Security Disability benefits.

Bipolar Disorder in the Blue Book

The symptoms and severity of bipolar disorder vary greatly among individuals. Bipolar disorder will typically manifest sometime between childhood and adulthood. It is usually diagnosed following a patient, parent, or loved one’s reported behavioral abnormalities.

At times, bipolar disorder can lead to psychosis. For someone diagnosed with bipolar to receive SSDI benefits, their condition must be constant and impair their ability to function in the workplace.  

The Social Security Administration includes bipolar disorder among its Listing of Impairments.  Per the Listing, the SSA requires that a claimant with bipolar disorder have a history of symptomatic depressive episodes, manic episodes, or a combination of both. 

Once this is met, the claimant must demonstrate two of the following:

• A severe limitation in daily activity;
• Recurring episodes of lasting decompensation; or 
• The inability to interact with others in a normal manner.

Those who do not meet these criteria could still qualify under the broader category of chronic affective disorders, of which bipolar is included.  Criteria under this category include at least two years of a documented chronic affective disorder and limitations or prolonged decompensations, despite medication. 

Applying for SSDI benefits can be complex and many claimants are initially denied.

For assistance with preparing your SSDI claim or appealing the denial of your action, contact our experienced Michigan social security disability attorneys at Disability Law Group today for an initial consultation.

Usually, you cannot collect the full amount of both Social Security Disability Insurance (SSDI) and widow’s benefits, because SSDI benefits are a form of an early retirement program. You could collect the higher amount of the two programs as long as you meet the eligibility requirements. A Michigan SSDI attorney can guide you through the process of applying for benefits and handle your appeals if your claim gets denied or you receive less money than you deserve.

What Happens if You Already Receive SSDI Benefits Before You Become a Widow

Let’s say that you already collect SSDI benefits because you are too disabled to work, and you meet the other elements of eligibility. When your spouse dies, you could start getting a monthly survivor benefit as a widow. The amount you receive will be equal to the higher of the two benefits. 

If your SSDI check is higher than your monthly survivor benefit, you will simply continue to get your SSDI check. If your survivor benefit, also called widows benefit, is more than your SSDI check, then the Social Security Administration (SSA) will continue to send you your SSDI check plus and an excess survivor benefit. The amount of the excess survivor benefit is the difference between your SSDI check and your widow’s benefit. The total of the excess survivor benefit and your SSDI check cannot exceed the amount of the widow’s benefit in this situation.

By way of example, let’s look at what happens when a person who receives $1,200 a month in SSDI benefits becomes a widow with a survivor benefit of $1,800 a month. The individual would continue to receive the $1,200 a month SSDI check, plus a check for $600 a month as an excess survivor benefit.

If the person collected $1,750 a month in SSDI benefits before the spouse died and the survivor benefit was $850 a month, the surviving spouse would get the higher amount, $1,750. The SSA will not add the two amounts. The SSA will only send you the higher amount.

What Happens if You Become a Widow Before You Become Disabled

Regardless of the order in which the two events occur, you cannot get more than the higher of the two types of benefits. If you already collect widow’s benefits when you later become disabled, the SSA will determine the amount of disability benefits you could receive for your disability. The SSA will then pay you up to the higher amount of benefits, either the SSDI or the widow’s benefits. 

Eligibility for SSDI or Widow’s Benefits

To qualify for SSDI, you must meet these requirements:

• Have a severe illness or injury that causes you to be unable to work enough to support yourself,
• Not earn more money than the earnings cap for SSDI,
• Your doctor expects your impairment to last at least a year or to be terminal,
• You have worked long enough at jobs that paid into the Social Security system through Social Security taxes that your employer took out of your paycheck.

To qualify for survivor’s/widow’s benefits, you must have been married to someone who paid into the Social Security retirement program through his employment. Some people can qualify for widow’s benefits after divorcing the person who later died.

When you reach your full retirement age, your disability benefit will automatically convert to what the SSA will call your retirement benefit. A Michigan SSDI attorney can evaluate your situation and advocate for you. Contact us today.

Applying for social security disability insurance benefits can be a strenuous and taxing journey that is too difficult to navigate alone. For many hardworking Americans, applying for Social Security Disability (SSD) benefits is truly the last resort when they accept the fact they can longer function or perform their job duties as they used to. Working your entire life and finally losing a stable source of income can be an emotional and stressful journey on its own. Burdened with doctor appointments, office visits and medical treatments, many claimants are overwhelmed and intimidated with the idea of even how and when to begin the application process. Unfortunately, a majority have a great deal of uncertainty and assume that they are not eligible for SSD benefits.

All too often, SSD applications are denied at the initial and reconsideration level. On average, 64% of initial Social Security Disability applications are denied by the Social Security Administration (Annual Statistical Report on the Social Security Disability Insurance Program, 2018). Feeling frustrated, discouraged, and defeated, many individuals do not even consider the avenues in appealing this decision, or know that they can hire help. Already completing the tedious application has taken enough time and energy, so all too many simply surrender their fight for benefits which could mean losing out on years of past due benefits.

However, when you are already balancing finances, medical bills, and debilitating symptoms, hiring an attorney can not only alleviate a great deal of stress and uncertainty, but increase your chances of being approved. Having legal experts in the field of social security disability can reduce unnecessary frustration and headaches that can arise throughout this process. Most people are not aware that legal representation fees are all regulated, and must be approved, by the Social Security Administration, under federal law, which limits fees to 25% of back pay or $6,000 depending on the amount awarded and appeal stage. This means that SSD attorneys and representatives only get paid if they help the claimant win their disability case.

Entrusting the assistance of experienced SSD attorneys means can mean that they will help you from the start and through any appeals that may be necessary. SSD attorneys can help you fill out your initial disability application, avoid costly errors, request all medical evidence to help prove your claim, and handle the reconsideration and appeal process if needed while ensuring you meet all appropriate deadlines.  Another advantage is that your SSD attorney will directly deal with the Social Security Administration and handle all correspondences related to your claim. Additionally, a SSD attorney can work with your doctors to draft letters in support that specify your symptoms and work-related limitations to help prove your disability. An attorney can also guide you to any additional benefits you may qualify for while you are waiting for your SSD approval. If the case requires an Administrative Law Judge Hearing, your attorney is able to represent you and present any additional evidence that is needed, draft briefs, and make legal arguments in defense of your claim.

At Disability Law Group, our experienced and compassionate attorneys have years of experience strictly specializing in disability claims. Our attorneys can help ensure that you meet all requirements under the law with the best approach in presenting your case to be approved as quickly as possible. At Disability Law Group, we can help from the very start and through any appeals that may be needed. Our consultations are always free and disability is all we do. Let our dedicated disability team take the worry and paperwork off of your shoulders, and help you win your SSD case.

Source

• Annual Statistical Report on the Social Security Disability Insurance Program, 2018https://www.ssa.gov/policy/docs/statcomps/di_asr/2018/sect04.html

The Social Security Administration (SSA) is not supposed to terminate Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits arbitrarily or without giving you notice or an opportunity to challenge the adverse decision. You have very little time to take action and continue getting benefits.

If you find yourself asking, “What should I do if the SSA cuts off my disability benefits?” the answer is, do not delay. A Michigan SSDI attorney can advocate for you and fight to get your benefits restored.

The Notification Letter from the SSA

The Social Security Administration (SSA) periodically reviews the files of people who receive SSDI or SSI benefits to verify that the individuals are still eligible. If the SSA determines at the periodic review that you no longer qualify for benefits, they will send you a notification letter about this decision. 

Appealing the Adverse Decision

How quickly you file an appeal will determine whether you continue getting disability benefits during the appeal. If your appeal gets filed within 10 days of when you got the letter from the SSA, they will keep paying your benefits for the many months that your appeal makes its way through the system. After the tenth day, you can still file an appeal within 60 days of when you received the letter, but they will suspend your benefits until your appeal is over.

Reasons the SSA Cuts Off Disability Benefits

Typically, the SSA terminates disability benefits when they decide that the individual has experienced medical improvement that affects the person’s ability to work and the individual is capable of earning at least $1,310 a month if non-blind or $2,190 a month if statutorily blind. These numbers are the Substantial Gainful Activity (SGA) benchmark for 2021 and can change yearly.

Specific events that can trigger a termination of disability benefits include:

• Medical improvement. Most people have a Continuing Disability Review (CDR) approximately every three years. There are some exceptions, such as being over 50 years old or having a condition that is unlikely to improve, in which case the CDR might only occur once every seven years.
• Earning more than the SGA limit. Even if you don’t get paid, the SSA could consider work that you do as substantial – for example, performing significant volunteer work or helping family members, like babysitting your grandchildren. Please note that a “return to work” plan, like a Ticket to Work or Plan to Self Support (PASS), does not disqualify a person from benefits.
• Incarceration stops disability benefits temporarily or permanently. Since the government provides room and board for people in prison, the government will not send disability benefits, which are supposed to help pay for a person’s basic living expenses.
• Fraud. SSA can terminate a person’s disability benefits and pursue criminal charges if they become convinced that an individual did not tell the truth about things like their income, Social Security number, or medical condition. 
• Retirement. Technically, reaching full retirement age means that disability benefits stop, but the individual will still get a monthly check from the government. The disability benefits automatically convert from disability benefits to Social Security retirement benefits. Usually, the amount of the monthly check does not change.
• Increased assets, income, family income, or resources. These issues primarily affect people who receive SSI benefits. The SSA will consider some of the assets and income of your spouse and specific relatives when evaluating your initial and continuing eligibility for benefits. Also, if you qualify for some other type of assistance, like a pension, that resource could make you ineligible for disability benefits.

If the SSA notifies you that they will terminate your SSDI or SSI benefits, you should talk to a Michigan SSDI attorney right away to protect your right to this assistance. Get in touch with our office today.

Filing for Social Security Disability benefits under SSDI or SSI can be a very lengthy process. It could take six or more months to receive a determination on your disability application. However, the Social Security Administration (SSA) expedites some applications under the Compassionate Allowance program.

Serious medical conditions may qualify for expedited review of an SSDI or SSI application. If you have questions about the process, a Michigan SSDI attorney can review your case and advise you on expedited review options.

What Is the Compassionate Allowance Program?

Individuals with severe medical conditions or terminal diseases could die before the SSA completes the disability application review. Some individuals may not be able to wait for months to receive benefits because of the severity of their disease or medical condition.

Under the Compassionate Allowance program, the SSA expedites the review of the application. They perform a partial review to approve benefits very quickly. The SSA completes the approval process after the applicant begins receiving disability benefits. 

Five Things You Need to Know About the Compassionate Allowance Program

Before you begin your Social Security disability application, there are several things you should know about the Compassionate Allowance program.

1. Only Specific Conditions Quality for the Compassionate Allowance Program

The SSA has a Compassionate Allowances List (CAL) that contains more than 200 medical conditions. These conditions are considered severe enough to qualify for an expedited review process. The conditions on the list have been evaluated based on their effect on life expectancy, lack of treatment options, or overall severity.

2. The Expedited Process Does Not Apply for Medicare

Even though you can expedite your Social Security disability application, you cannot expedite the process to receive Medicare. All normal waiting periods continue to apply. Some applicants may qualify for Medicaid benefits.

3. Compassionate Allowance Applicants Could Receive Benefits in a Few Weeks

If you are approved for SSDI or SSI benefits under the Compassionate Allowance program, you could receive benefits in just a few weeks after filing your application. The initial payment includes benefits from the time of the onset of your disability through the date the SSA approves you for disability benefits.

4. There Is Not a Special Procedure for Filing for Compassionate Allowance Disability Benefits

You do not need to file a special application to be considered for compassionate allowance benefits. If your medical condition appears on the Compassionate Allowance List, the SSA flags your application for expedited review. 

However, your application needs to be complete and free from errors. You also need to submit comprehensive supporting documents for your application to be processed quickly.

5. Non-Medical Eligibility Criteria Still Apply

Even though the SSA expedites your disability application, you must still meet the non-medical eligibility requirements for disability benefits. For example, if you apply for SSDI, you must have the required work credits to qualify for SSDI. You must also meet the income and asset qualifications for SSI benefits. 

Contact Our Michigan SSDI Attorney for More Information 

Applying for Social Security disability benefits can be overwhelming, especially when you have a severe disability. Our Michigan SSDI attorney assists individuals and family members as they seek to obtain expedited disability benefits. Get in touch with our office today.

A child can be eligible for Supplemental Security Income (SSI) in Michigan when he or she meets the disabling medical condition as well as the relevant financial tests of the Social Security Administration (SSA). However, the SSA has strict rules about income and assets, which means many applicants get denied on their initial request for SSI benefits even if they do have a qualifying medical condition(s). If you are applying for SSI benefits for your child, a Michigan SSI benefits attorney can help you go after the benefits your child deserves.

SSI Requirements About Disability

Your child must have a medical condition or multiple conditions that combine to meet the SSA’s definition of disability for children. This definition has three components:

1. Earnings. For SSI purposes, the SSA measures a person’s disability not by medical severity, but by how much money the individual makes. In the cases involving children, however, the individual whose income is counted would be the child’s parents or guardians. No matter how severe the child’s medical condition, if the parents earn more than the threshold (which for 2021 is around $1,310 a month gross income, or $2,190 a month if legally blind), the SSA will say that the child is not disabled and not eligible for SSI benefits. While these are the income limits for 2021, however, the numbers can change every year.
2. Functional limitations. If your child has learned ways to function like other children of similar age despite their medical condition, they may not qualify for SSI based on their medical condition not being considered “severe” enough. The SSA takes a strict approach when evaluating a child’s functional limitations. The medical conditions must cause the child to have significant functional limitations that severely restrict the child’s activities.
3. Length of the impairment. A child cannot get SSI benefits for a short-term medical condition. The child’s disability must have existed for at least 12 months, or the doctors expect the condition to last at least 12 months or be fatal.

Your child must meet all three of these elements for the SSA to consider the child as disabled for the purposes of receiving SSI benefits.

Additional Financial Requirements for SSI Benefits

The SSA will not pay SSI benefits if the parents’ income or resources exceed the limit. The SSA also explores the income and assets of everyone who lives in the same household as the child, and could deny the application based on the income or assets of those household members. If the child does not live at home, the income and resources rules can still apply to the household if the child comes home periodically and you exercise control over the child. 

While SSA does not treat every resource or asset as income, the parents’ countable income may still reduce the amount of the SSI benefit or preclude eligibility altogether. Earnings from work, money from friends and relatives, free food and shelter, and some other benefits programs can count as income for SSI eligibility.

The current resource limits are $2,000 for a child or adult individual and $3,000 total for a couple, but this could change with time. The SSA does not count all assets toward these limits. However, cash, bank accounts, investments, and many other things can also count toward the resource limit.

Exceptions to the Rules – Immediate Payments

It typically takes several months for Michigan’s agency that evaluates applications for SSI benefits to determine whether a child applicant qualifies for SSI payments. If your child has one of these conditions, however, the agency might start distributing benefits right away while they process the application:

• Cerebral palsy
• Down syndrome
• Muscular dystrophy
• Extremely low birth weight – less than 2 pounds, 10 ounces
• Complete blindness
• Complete deafness
• Severe intellectual impairment in children over the age of 3
• Symptomatic HIV infection

This is not an all-inclusive list, and any condition could potentially qualify a child for SSI. A Michigan SSI benefits attorney can let you know if your child’s condition qualifies for SSI, and possibly even immediate payments. A Michigan disability attorney can help you navigate the SSI application and appeal process from the start. Contact us today.