Category: Social Security Disability

The Social Security Administration (SSA) provides benefits to people who are unable to work due to disability. And although many people need Social Security disability benefits to survive, the process for obtaining these benefits can be confusing and difficult. Due to the complexity of the process, it is advisable that anyone seeking Social Security disability benefits obtain the services of a Michigan disability law attorney for assistance. Below is some additional information about Social Security disability benefits in Michigan. 

What does the SSA consider a disability?

The SSA considers a person disabled if he or she:

• Can’t perform the type of work he or she performed prior to the medical condition;
• Can’t transition to other work due to the medical condition;
• Has a severe medical condition(s) that has lasted or is expected to last at least one year, or result in death.

Types of Social Security disability benefits

Social Security disability benefits are intended for people who can’t work due to disability, and there are several criteria that an individual must meet in order to qualify for these benefits.

For more information on these requirements, please contact a Michigan disability law attorney for assistance. 

Special circumstances 

Under certain circumstances, Social Security disability applicants can receive benefits without meeting the criteria described above. The following categories of people may be entitled to benefits depending on the circumstances. 

The blind – Even if an individual is not legally blind, an inability to work due to severe vision problems may entitle him or her to benefits. 

Widows and widowers – When a worker dies, his or her spouse may be eligible to receive disability benefits under certain circumstances. 

Children – Individuals who become disabled before the age of 22 and have a parent who had accumulated sufficient work credits prior to their becoming retired, on disability themselves, or deceased, may be eligible for benefits. Further, children may also be eligible for SSI at any age, depending on their condition, but this program is also means-tested.

Veterans – Veterans suffering for disability and those injured during military service may be eligible for Social Security disability benefits. The SSA and the Veterans Administration (VA)  provide veterans with various benefits, including disability-based benefits.

Compassionate allowance – Finally, under the compassionate allowance program, individuals with specific serious medical conditions, such as certain cancers, brain disorders, and other rare illnesses can have their disability benefits applications expedited. A list of eligible compassionate allowance conditions is maintained by the SSA, and an experience attorney can help you navigate and expedite the disability process. 

Disability Law Attorneys in Michigan  

If you are unable to work due to a medical condition, the skilled disability law attorneys at Disability Law Group are here to help. At Disability Law Group, our experienced Michigan attorneys will assist you with every step of the Social Security disability benefits process, from filing the initial application to appealing your denial in court if necessary. If you live in Macomb County, Oakland County, Wayne County, or elsewhere in Michigan and would like to apply for disability benefits or fight a denial, we are on your side. At Disability Law Group, disability is all we do. Please contact us as soon as possible for a free consultation. 

The amount of Social Security disability benefits you are entitled to is based on your covered earnings, which are the wages that you paid Social Security taxes on prior to your disability. Social Security Disability Insurance (SSDI) is a program that provides benefits to certain disabled individuals who are no longer able to work. In order to be eligible for SSDI, you must: (1) be insured under the SSDI program and (2) meet the Social Security Administration’s (SSA’s) disability definition. However, if you qualify and receive disability payments from other sources, your SSDI benefits payment may be reduced. Below is an overview of the way SSDI benefits are calculated.   

How benefits are calculated 

Although the actual formula used to calculate SSDI benefits is extremely complicated, the SSA calculates SSDI benefits by using one’s Average Indexed Monthly Earnings (AIME) and Primary Insurance Amount (PIA). 

AIME

The first thing SSA does when calculating a benefit amount is to determine an applicant’s AIME. In order to do this, the SSA adjusts the applicant’s lifetime earnings to account for the increase in general wages that occurred during the years he or she worked. The SSA uses up to 35 of an applicant’s working years in making this determination. The SSA then takes the years with the highest indexed earnings, adds them up, and divides them by the total number of months for those years. This calculation is then rounded down to determine the applicant’s AIME.

PIA

An applicant’s Primary Insurance Amount (PIA) is the base amount of his or her benefits. The SSA uses a total of three percentages of an applicant’s AIME to determine his or her PIA. The amounts that result from this calculation are called bend points, and these are updated every year to reflect the national average wage index. For example, the PIA for an individual who becomes eligible for SSDI in 2019 is the total of the following:

• 1.90% of the first $926 of an applicant’s average monthly earnings
• 2.32% of an applicant’s average monthly earnings over $926 through $5,583
• 3.15% of an applicant’s average monthly earnings over $5,583

Although the process of calculating one’s monthly SSDI benefits is complicated, the SSDI application process doesn’t have to be—particularly with the help of a Michigan disability law attorney. Therefore, if you are unable to work due to a medical condition, the skilled Michigan disability law attorneys at Disability Law Group are here to help you get the benefits you deserve. At Disability Law Group, our experienced attorneys will assist you with every step of the Social Security disability benefits process, from filing the initial application to appealing your denial in court if necessary. If you live in Macomb County, Oakland County, Wayne County, or elsewhere in Michigan and would like to apply for disability benefits or fight a denial, we are on your side. At Disability Law Group, disability is all we do. Please contact us as soon as possible for a free consultation. 

Depression is one of the most common medical conditions listed by applicants on Social Security disability benefits applications. Depression is a mood disorder that causes sadness, crying spells, isolative behavior, lack of motivation and feelings of inadequacy and hopelessness. In addition, depression often leaves sufferers feeling fatigued and uninterested in things that were previously enjoyable, such as interacting with friends or going to work. If you are one of the thousands of people who are unable to work due to depression, you could certainly qualify for disability benefits. Please review the information below, and contact a Michigan disability law attorney for additional guidance.   

Qualifying for Social Security disability benefits for depression

Depression is a serious medical condition that affects people all over the country. In Michigan, thousands of residents suffer from depression and struggle to work while looking for ways to improve their mental health. Although some people are able to hold a job while suffering from depression, many cannot, and those whose depression is disabling may qualify for Social Security disability benefits.

In order to qualify for Social Security disability benefits, an applicant must submit significant medical documentation and proof of his or her disability. For depression, an applicant must be able to prove that he or she suffers from depression symptoms and that the symptoms either preclude any ability to work on a substantial basis under SSA’s strict rules or that this diagnosis meets or medically equals a Listing. Common symptoms of depression include:

• Sadness and crying
• Decreased energy
• Lack of motivation
• Anhedonia
• Trouble sleeping
• Guilt and feelings of worthlessness
• Suicidal thoughts

Generally speaking, applicants must be able to demonstrate that depression negatively affects their ability to concentrate or use information, attend work, alter their behaviors to fit into new situations, and generally function overall. Regardless of whether your depression is the only condition affecting your functioning and ability to work full-time, or whether there are other mental and/or physical impairments, you may be eligible to collect disability benefits.  

The importance of legal assistance 

Anyone who suffers from depression and is unable to hold down a job should speak to an attorney about applying for Social Security disability benefits. The application process is often complicated and time-consuming. Do not let your depression, or other health problems, keep you from availing yourself of the benefits you deserve. Often, Social Security disability benefits denials are based on mistakes made during the application process—not the individual’s underlying medical condition. Our attorneys help individuals with depression and a wide-range of medical conditions qualify for Social Security disability benefits from the very start by filing an initial application and standing by your side every step of the way. With the assistance of an experienced Michigan disability law attorney, applicants can avoid such mistakes. 

Contact our experienced attorneys today for legal assistance 

If you are unable to work due to depression, the skilled disability law attorneys at Disability Law Group are here to help. At Disability Law Group, our experienced Michigan attorneys will assist you with applying for Social Security disability benefits for your depression, and we’ll appeal any denials if necessary potentially through the U.S. District Court. If you live in Macomb County, Oakland County, Wayne County, or elsewhere in Michigan and would like to apply for disability benefits or fight a denial, we are on your side. At Disability Law Group, disability is all we do. Please contact us as soon as possible for a free consultation. 

Social Security disability benefits provide financial assistance to those who are unable to work, or work substantially, due to disability. And although these benefits are available to a high percentage of disabled individuals, confusion abounds regarding the application process. If you are unable to work due to a medical condition, please review the information below and contact our disability law attorneys as soon as possible to begin the application process. 

Social Security disability cases usually last for years 

Many people believe that Social Security disability cases take years to complete. And while it can take up to two years to receive disability benefits after an initial application is denied, this isn’t a common situation. Every Social Security disability case is different, with timelines ranging from a month to a few years. Don’t let the fear of a long process keep you from applying for the benefits that you deserve! An attorney who specializes in disability benefits can help you understand what may be needed for your disability case to help things move along smoothly and as quickly as possible.

Social Security will deny your case three times before your case is approved 

Another common misconception is that once you apply for benefits and are denied, you should just keep applying over and over again to be approved. Again, whether a claim is denied depends on the facts of the case at hand. Nevertheless, there are appeal rights listed on a denial of disability benefits as well as a deadline to file an appeal. Applicants who decide to re-apply, rather than appeal a denial of disability benefits, could risk losing out on months or years’ worth of benefits. In fact, re-applying for disability benefits could even preclude an individual from eligibility altogether. Most applicants are denied at the initial level, regardless of how many applications they submit. If a claim is denied, it’s important to consult with an experienced disability attorney who can help you appeal and fight your decision, protecting the benefits you are owed.

If a doctor says that a claimant is disabled, he or she will automatically receive benefits

While images such as x-rays, MRI’s, and CT scans along with treatment notes, surgical reports therapy visits, and other medical records are reviewed during the disability benefits application process, approval and denial decisions are made exclusively by the Social Security Administration Commissioner. Therefore, while a doctor’s opinion that a patient is disabled is helpful, it doesn’t necessarily mean that he or she will receive benefits. Social Security must evaluate an opinion, or medical source statement, by an acceptable medical source (such as your treating physician), considering its persuasiveness – or how well the opinion is supported and consistent with the records overall. 

Substance abusers can’t receive disability benefits

While the rules and regulations have made it more difficult for applicants who have substance abuse problems to qualify, an individual may be eligible to receive disability benefits so long as they have a disabling condition. However, the applicant must demonstrate that their substance use disorder does not more than minimally impact their disabling condition(s). Therefore, if you have a disability but also suffer from a substance abuse problem, you should immediately contact a Michigan disability law attorney to help you get started with the Social Security disability benefits application process. 

Get the facts from our Michigan disability law attorneys  

There is a lot of misinformation out there about Social Security disability benefits. If you want to alleviate this confusion and begin the Social Security disability benefits application process, the skilled disability law attorneys at Disability Law Group are here to help. At Disability Law Group, our experienced disability law attorneys will assist you with every step of the disability benefits application process. So, if you live in Macomb County, Oakland County, Wayne County, or elsewhere in Michigan and would like to apply for disability benefits or fight a denial, Disability Law Group is on your side. Remember, at Disability Law Group, disability is all we do. Call us today for your free consultation to see how we can best help you obtain your Security disability benefits as quickly as possible. 

Dementia is an umbrella term or diagnosis for a group of symptoms. Many diseases and conditions can lead to dementia, but the most common cause is Alzheimer’s disease. And although most people develop dementia later in life, dementia is not solely a problem of the elderly. In fact, hundreds of thousands of people under the age of 65 develop early-onset dementia each year. And in its latest stages, dementia is a terminal illness that can have an impact on a person’s ability to work, which means that sufferers of this problem may be eligible for Social Security disability benefits. If you or a loved one suffers from dementia and would like to apply for Social Security disability benefits, please review the information below, and contact our experienced and compassionate disability law attorney today for a free consultation.

The symptoms, types, and causes of dementia

Common symptoms of dementia include:

• Loss of memory
• Mental decline
• Disorientation and confusion
• Unsteady gait
• Falls
• Speech problems

When an individual has a type of progressive dementia, he or she may suffer from life-threatening issues, such as:

• Trouble breathing
• Trouble swallowing
• Infections
• Pneumonia
• Blood clots

Dementia has several causes, including:

• Infections
• Nutritional deficiencies
• Brain bleeding
• Negative reaction to medication
• Congenital factors

In addition, types of dementia include:

• Vascular
• Lewy body
• Frontotemporal

Applying for Social Security disability benefits for dementia

In order to qualify for Social Security disability benefits for dementia, the condition must last at least 12 months or be expected to last 12 months or result in death. In addition, in reviewing an application for benefits, the Social Security Administration will assess the applicant’s ability to perform tasks like:

• Learning
• Recalling information
• Planning for things like simple tasks or events
• Walking
• Interacting
• Making decisions

Anyone with limitations in any of these areas may qualify for disability benefits. However, those who are still able to work despite their limitations may not qualify. Every case is different, though, so it’s important to discuss your specific symptoms and circumstances with a knowledgeable Michigan disability law attorney prior to applying. An experienced disability law attorney will analyze your situation and recommend a course of action that is appropriate considering you and your unique symptoms and circumstances.

Let our Michigan disability law attorneys help you

If you suffer from dementia and are in need of SSD benefits, the skilled disability law attorneys at Disability Law Group are here to help. At Disability Law Group, our compassionate disability law attorneys will assist you with every step of the disability benefits application process, including compiling and submitting documentation. So, if you live in Macomb County, Oakland County, Wayne County, or elsewhere in Michigan and suffer from dementia, Disability Law Group is on your side. Remember, at Disability Law Group, disability is all we do. Call us today to learn more and for your free consultation.

Today, September 25, 2019, is World Lung Day. Lung cancer and respiratory-related conditions affect millions of people worldwide. From the initial diagnosis, the road to treatment and resources can be difficult.  Lung-related conditions, involving the respiratory system, may include asthma, chronic obstructive pulmonary disease (COPD), emphysema, recurrent bronchitis or pneumonia, lung cancer, and more. Diagnoses and treatment options vary. While there are many resources available, the path to discovering them, and which are right for you, can be daunting and confusing. 

Some of the respiratory-related impairments can be traced back to smoking as the main risk factor, but others can be congenital in nature or have unknown causes in an otherwise healthy person. Doctors and medical professionals use a variety of techniques and testing to properly diagnose and treat respiratory conditions, such as physical examinations, spirometry, oximetry, arterial blood gas, chest X-ray, CT scan, Pulmonary Function Test (PFT), and sleep study (polysomnogram), to name a few.

Lung Cancer and Respiratory Conditions: Statistics and Resources

Unfortunately, lung cancer causes the most cancer deaths worldwide and is the number one cancer killer in both men and women, accounting for between one and two million deaths each and every year. COPD has continued to be the third cause of death. One of the main reasons why lung cancer, and other respiratory conditions, are so deadly is that, in its early stages, the symptoms are not always apparent with little to no symptoms at all. Common symptoms – shortness of breath, dyspnea with or without exertion, chest pain, coughing, wheezing, sputum production, hemoptysis, and fatigue – are oftentimes not realized or identified until they become severe. Further, severe symptoms in lung cancer patients can sometimes indicate the spread of cancer to other parts of the body (such as joint pain, stiffness, weakness, and cognitive problems, etc.). 

Lung cancer and other lung conditions can be treated more successfully when diagnosed early on.  While treatment options vary, it is important to seek medical attention as soon as you notice any new or worsening symptoms. New studies reveal potential life-saving tests, including low-dose CT screening (LDCT). LDCT may be available for high-risk individuals who meet certain criteria. For more information on LDCT and other treatment and options for respiratory conditions, you can visit the following resources from the American Lung Association and the COPD foundation:

• • Saved By The Scan
  • Clinical Trials
  • COPD Foundation

Work and Disability Benefits

Any medical condition, including breathing-related impairments, can affect a person’s life and how they function, making it difficult to work full-time considering the severity of symptoms and frequency of doctor visits. Problems breathing, tiredness, and pain commonly causes people to have difficulty focusing and may require rest or naps during the day. These kinds of symptoms and limitations can certainly affect anyone’s ability to hold down a job. Even if you have not already been off of work for one-year, your condition may be considered to last at least one-year (in other words, likely to keep you from returning to full-time work) – making you a candidate for disability benefits.  

The Social Security Administration has criteria to establish disability in certain significant cases involving respiratory disorder(s). Listing 3.00 specifically deals with chronic respiratory conditions; some of the factors evaluated include test results, exacerbations or serious flare-ups of symptoms, and involvement in other body systems. However, even if your condition doesn’t quite meet or medically equal the extensive requirements of the Listing(s), you may still qualify for disability benefits. Social Security Disability (SSD) and/or Supplemental Security Income (SSI) are available for individuals who demonstrate that they are unable to work full-time as a result of severe medical condition(s), such as COPD, uncontrolled asthma, and lung cancer. 

Our attorneys and staff at Disability Law Group take great pride in assisting people with a wide range of disabilities, including those with strictly a lung-related condition and others who have respiratory-based symptoms in addition to other diagnoses. We know the importance of a quick resolution in each case. Medical records and pertinent supportive evidence may be required to help prove your disability. Disability is all we do, and to us, every single client matters. Whether you are thinking about the disability process, or have already been denied, you can count on our skilled, caring attorneys and dedicated staff to help you obtain the benefits you deserve. Call us today for a free consultation – 800.838.1100. 

Social Security Disability (SSD) benefits and Supplemental Security Income (SSI) provide individuals who are unable to work with valuable and necessary financial resources. However, even after being approved for SSD or SSI, the Social Security Administration conducts periodic reviews called Continuing Disability Reviews. In most cases, as long as a recipient’s medical and work situations remain substantially the same, his or her benefits will not be affected. However, changes in employment and health status can potentially result in the denial of benefits. Below is some additional information about Continuing Disability Reviews.  

How often do continuing disability reviews take place?

If the Social Security Administration determines that a recipient’s condition is likely to improve, then a Continuing Disability Review (CDR) will be performed every three years. Otherwise, reviews generally take place every seven years. Further, if an appeal is required from an initial level denial, and an Administrative Law Judge (ALJ) hears the case, many times the ALJ will recommend a CDR in an approval of disability benefits (such as is often the case for ‘Partially Favorable’ or ‘Fully Favorable’ decisions). However, if the Social Security Administration determines that a recipient has gone back to work or that his or her condition has improved, then it can conduct a review at any time.

How does the process begin?

The process begins when a recipient receives a Disability Update Report or Continuing Disability Review Report. If the recipient receives a Disability Update Report, he or she will be required to provide answers to questions about his or her medical condition. Once the Social Security Administration receives this response, it will determine whether a Continuing Disability Review is necessary. 

What happens during the process?

If a recipient is selected for a Continuing Disability Review, he or she must complete an additional form, and the Social Security Administration will conduct a review of the recipient’s medical records. Following the review once the CDR process begins, a number of outcomes could occur.  

What are the potential consequences? 

Ultimately, if the Social Security Administration determines that a recipient’s medical condition is no longer a barrier to gainful employment, then the recipient may lose his or her benefits. However, the Social Security Administration isn’t always right, and it often takes benefits from deserving individuals. Therefore, anyone whose benefits are revoked should immediately contact a Michigan disability law attorney to appeal the decision. 

Disability Law Attorneys in Michigan

Whether you’re a first-time applicant or would like to appeal a benefits denial, the skilled disability law attorneys at Disability Law Group are here to help. At Disability Law Group, our experienced Michigan attorneys will assist you with every step of the process, from filing the initial disability application to appealing your denial in court, if necessary. From your very first call, and throughout the entire process, our experienced disability attorneys in Michigan will provide you with the exceptional service and compassionate treatment you deserve. So, if you live in Macomb County, Oakland County, Wayne County, or elsewhere in Michigan and would like to apply for disability benefits or fight a denial, Disability Law Group is on your side. At Disability Law Group, disability is all we do. Please contact us as soon as possible for a free consultation. 

One of the hard truths about Social Security disability benefits is that most first-time applications are denied. However, not all denials are based on substantive issues, such as an individual’s disability and income. Rather, many denials are due to factors that are entirely within most applicants’ control – meaning something that could be avoided with the right knowledge. Therefore, whether you intend to apply for Social Security disability benefits or have already applied and received a denial, please review the information below and contact one of our experienced Michigan disability law attorneys as soon as possible to discuss your case.  

Common reasons for denials   

Social Security disability claims are denied for a variety of reasons. For example, an applicant may have his or her claim declined if certain deadlines are missed. In addition, if an item on a person’s application is unclear or missing certain required information, this can result in a denial. Additional reasons that Social Security claims are denied include:

• Failure to provide appropriate medical evidence 
• Failure to fully complete paperwork
• The inability of the Social Security Administration to contact the applicant due to inaccurate contact information
• The claim is related to alcohol or drug abuse 
• The disability isn’t severe enough to warrant benefits.
• The disability isn’t long-lasting enough to warrant benefits 
• The applicant makes too much money
• Failure to follow a medical treatment plan 
• Failure to cooperate with the Social Security Administration 
• Previous denials

What can I do if I’ve been denied social security disability benefits?

If you’ve had your Social Security disability benefits claim denied, you should:

• Appeal the decision with the assistance of a Michigan disability law attorney before the deadline lapses.
• Be sure to provide complete information and details regarding your situation, including your medical information, work history, physical limitations, and the impact of your disability on your work performance
• Don’t give up hope!

Let our Michigan disability law attorneys help you 

If you suffer from a medical condition that limits your ability to work, you may be entitled to disability benefits. However, the application process is difficult, and people often make mistakes resulting in denial. Therefore, if you would like to receive disability benefits, or if you have been denied benefits that you are entitled to, the skilled disability law attorneys at Disability Law Group are here to help. 

At Disability Law Group, our experienced disability law attorneys will assist you with every step of the Social Security disability benefits process, from filing the initial application to appealing any denials in court, if necessary. If you reside in Macomb County, Oakland County, Wayne County, or elsewhere in Michigan and would like to apply for disability benefits or fight a denial, Disability Law Group is on your side. Remember, at Disability Law Group, disability is all we do. Please contact us as soon as possible for a free consultation.

If you suffer from post-traumatic stress disorder (PTSD), research and studies have shown that it’s likely that you also suffer from secondary conditions. In other words, those with PTSD have a tendency to develop other impairments as a result of or aggravated by, their PTSD-related symptoms.

For example, as explained below, people with PTSD often suffer from issues like sleep apnea, erectile dysfunction, and gastroesophageal reflux disease (GERD). If you can prove that you suffer from a secondary condition related to your service-connected PTSD, you may be entitled to additional VA disability compensation.

For further information about secondary conditions and your compensation options, please review the information below and contact our Michigan disability law attorney for assistance.

Sleep Apnea

One common secondary condition associated with PTSD that we typically see in our veterans is sleep apnea.

Symptoms of sleep apnea include:

• Waking up short of breath
• Gasping for air
• Snoring
• Fatigue

In addition, untreated sleep apnea can lead to multiple serious complications, including:

• Diabetes
• Glaucoma
• Behavioral disorders
• Heart attack
• Cancer

Erectile Dysfunction

For males with PTSD, erectile dysfunction is a common secondary condition. Erectile dysfunction can affect a person’s life in many ways. Not only does the condition typically cause stress on the veteran, but it can also cause relationship problems which can further exacerbate mental symptoms.

Alternatively, some people experience erectile dysfunction due to PTSD medications. These theories of secondary service connection are common grounds for a valid VA service-connected disability claim.

GERD

GERD is an issue that results when stomach acid flows into the esophagus and irritates its lining.

Symptoms of GERD include:

• Heartburn
• Belching
• Difficulty swallowing
• Regurgitation of food
• Arm pain
• Shoulder pain

Secondary Service Connection  

If you suffer from any of the above conditions, you may eligible for secondary service connection secondary to PTSD.

However, you must already be receiving benefits for service-connected PTSD to receive secondary service connection on the basis of PTSD. In order to build your case for secondary service connection, you must provide evidence that your condition stems from PTSD or from PTSD medication, depending on the case.

Generally, the best way to demonstrate this is with a medical opinion from your healthcare provider. For assistance compiling the necessary documentation and preparing your application or appeal, it is highly recommended that you hire an experienced Michigan disability law attorney to guide you through the process.

Not only will you speak with an attorney when you call, but our dedicated team will be by your side through every step of the process ensuring you receive every benefit owed.

Michigan Disability Law Attorneys  

If you’d like to receive disability benefits due to PTSD or a secondary condition, or if you have been denied PTSD disability benefits in the past, the skilled disability law attorneys at Disability Law Group are here to help.

At Disability Law Group, our experienced Michigan attorneys will be by your side during every step of the process, from filing the initial application to appealing your denial.

From your very first call, and throughout the entire process, our experienced disability law lawyers will provide you with the exceptional service and compassionate treatment you deserve.

So, if you live in Macomb County, Oakland County, Wayne County, or elsewhere in Michigan and are suffering from PTSD or a related secondary condition, Disability Law Group is on your side. At Disability Law Group, disability is all we do. Please contact us as soon as possible for a free consultation.