Category: Social Security Disability

There are two programs that the federal government operates to provide financial support to individuals who are disabled. The Social Security Administration (SSA) administers both programs. The approval process can be complicated, and many people get help from a Michigan disability attorney to get the disability benefits they deserve as quickly as possible.

After you receive your Social Security disability benefits, the benefits should continue as long as you are disabled, even if you move to a different state (and possibly even a different country depending on where and the type of benefit you receive).

Social Security Disability Benefits Are Federal Benefits

SSDI and SSI are federal disability benefits. SSA handles those benefits for the federal government. States are not involved in the process of obtaining, receiving, or continuing Social Security Disability Income nor Supplemental Security Income other than through contract work through SSA.

Therefore, if you choose to move to another state, your SSDI and SSI benefits should continue without interruption. The SSA pays most individuals their disability benefits through direct deposit. As long as you keep your bank account open, you should continue receiving your disability payments that way.

Individuals who have been approved for SSDI and SSI may also opt to have a card issued through SSA that they can access their disability funds through or a paper check instead of direct deposit to a bank account.

You do need to notify the SSA of your new mailing address, however, if you move and are receiving disability payments. If you want to open a new bank account to receive your SSDI or SSI payments, you also need to notify the SSA and request that the SSA begin making direct deposits to your new bank account.

Should I Notify the SSA When You Move to Another State

Yes. In order to transfer disability benefits to another state you must notify the Social Security Administration; there are two channels to communicate this:

• Online. Notify the SSA of your new address online through your Social Security profile.
• Local office. Go to a local Social Security Administration office and report your address change there.

State Medicaid Benefits and Social Security Disability Benefits

When you receive SSI benefits, you also qualify for Medicaid benefits. Medicaid is a state-administered health insurance plan. Therefore, you will need to apply for Medicaid in the state you are moving to once you have moved.

Medicaid programs vary from state to state, so your Medicaid benefits could change depending on the state to which you are moving. A disability attorney experienced in disability law and processes can walk you through what to do for SSI and Medicaid entitlement.

Your Social Security Disability Benefits Could Decrease

If you intend to live with another person or persons, your disability benefits could decrease or altogether cease depending on the household situation and the disability benefit that you are receiving. SSDI benefits are based on your work history and income. Therefore, if you receive SSDI benefits, those benefits should not change if you move, even if you move to another state.

However, the Social Security Administration bases SSI benefits on financial needs. It considers all your resources, including the financial support you receive from another person, including a spouse or someone you live with.

Therefore, if the other person pays a portion of the rent, utilities, and other household expenses, your SSI payments could decrease. A Michigan-based disability attorney can help you understand how your living situation may impact your disability benefit.

You are required by law to report any changes in your finances. If you fail to report the change to the SSA, you could lose your benefits if the SSA discovers the change.

If your benefits continue, the SSA may deduct an amount from each monthly payment until you reimburse the SSA for the overpayment of benefits from the date of your move to the date the SSA discovers the change in finances.

Contact a Michigan Disability Attorney if You Have Questions About Social Security Disability Benefits

The SSA denies many applications for SSI and SSDI benefits on the first review. The reasons for denial vary but often include a lack of medical evidence or insufficient information.

If your application for SSI or SSDI benefits has been denied, talk to Disability Law Group immediately about your options for appealing the disability denial. Contact us today.

If you have developed a significant illness or were injured during active military service, or you had a medical condition that worsened because of your service, you may be eligible for Veterans Administration (VA) disability benefits. A VA disability attorney could help you pursue the VA benefits you need and advocate for you through the application and appeals processes. Below, we discuss which questions all veterans should ask when choosing a qualified VA disability attorney for their case.

Do I Have to Pay My Lawyer Money Up Front to Help Me with My VA Disability Claim?

Federal law controls the payment of legal fees for attorneys who help people with their VA disability claims. VA Disability Lawyers get paid through a contingent fee agreement, which means that they will get paid when there is an award, instead of up-front at the beginning of the representation. The lawyer will receive a percentage of the benefits, for example, of the past-due benefits. While some attorneys who specialize in VA disability benefits may charge more than 20% of any past-due benefits. However, at Disability Law Group, we do not as we pride ourselves on reasonable fees, contingent only on the outcome of the case and the highest quality of service possible.

The fee agreement must be in writing and contain all of the details required under federal law. The Office of the General Counsel has the right to review the fee agreement to make sure that it is reasonable. 

Do I Have to Be 100 Percent Disabled to Qualify for VA Disability?

No, VA disability benefits do not require the applicant to be 100 percent disabled. Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits programs administered through the Social Security Administration (SSA) require an applicant to be entirely unable to secure substantial gainful work for a living, but this is not required for VA disability benefits.

How Does Partial Disability Work for VA Disability Benefits?

You will receive a disability rating that states the percentage of your disability; it’s important to note that your rating decision will always contain appeal rights and you can talk with our attorneys for a free consultation to determine if you should be rated higher under the ratings criteria. The higher the disability rating, the higher your VA disability benefits could be.

What Are the Eligibility Requirements for VA Disability?

You must satisfy all of the criteria to be eligible for VA disability benefits. Your medical condition must be affecting your body or mind now. You cannot qualify for VA disability benefits for an old injury or illness from which you healed completely with no current issues.

You must have served on:

• Active duty
• Active duty for training, or
• Inactive duty training

The illness, injury, or worsening of a pre-existing condition must have happened during one of those three service periods.

There are three different types of VA disability claims:

• You might have an in-service disability claim if you got injured or became ill while serving in the military.
• A preservice disability claim could be appropriate if you already had an injury or illness before joining the military, and your military service worsened the medical condition beyond its natural progression.
• Finally, you might have a post-service disability claim if the impairment did not become apparent until after you left the service.

Regardless of the type of claim, the filing forms and process through the VA are the same even if the methods of proving service-connection may differ. Depending on your situation, your spouse and other dependents might be able to collect VA disability benefits based on your disability. If you are not happy with the initial decision about your VA benefits, a VA disability attorney who handles VA benefits claims can file an appeal on your behalf. At Disability Law Group, disability benefits are all we do and we will fight to ensure that you receive all of the benefits you and your family deserve.  Contact our office today.

Most people who apply for Social Security disability benefits get denied on the initial application. If you understand why people get denied Social Security disability benefits, you might be able to avoid making a mistake that could force you to go through an appeal process to get the benefits you deserve. A Michigan Social Security disability lawyer can help you prepare your initial application or handle your appeal.

The Social Security Administration (SSA) says that these are some of the reasons they deny applications for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits:

Duration of the Impairment

The medical experts do not expect the impairment to last for at least 12 months. Social Security disability benefits are available only for long-term medical disorders. If the applicant’s condition is not likely to last for at least one year or result in the person’s death, he will not qualify for SSDI or SSI benefits.

Severity of the Impairment

The impairment does not meet the severity standards of the Listing of Impairments, also called the Blue Book. The SSA uses this reference tool to determine an applicant’s medical condition is severe enough to warrant disability benefits.

Ability to Work

If the applicant can perform the tasks of his current job, he will not qualify for disability benefits. You must be 100 percent disabled to qualify for SSDI or SSI. Having to struggle to maintain your job is not enough, as long as you can make more money than that year’s earnings limit.

Ability to Perform a Different Kind of Work

You might not be able to perform your current or any previous job, but the SSA will not stop there. They will explore whether you could go into a different line of work if you completed additional education or job training. The requirement to change your career depends on your age. Older workers are less likely to have to reinvent themselves.

Drug Addiction or Alcoholism

The SSA has strict rules about what impairments will qualify for SSDI or SSI benefits if the applicant has alcoholism or another drug addiction. Having an addiction will not, by itself, make a person eligible for disability benefits.

Provides Insufficient Medical Evidence of the Impairment

The SSA requires applicants to submit enough medical evidence to prove the extent and severity of the disease or injury. The Blue Book provides some guidance as to what the SSA expects for different medical conditions, but they can require additional diagnostic and treatment information as well. 

Applicant Does Not Cooperate with the SSA Evaluators

It is easy to understand why a person would get frustrated when dealing with the SSA on a disability claim. Even when things go smoothly, it can take a year or longer for the SSA to process the application. Most people who receive SSDI or SSI benefits had to go through at least one appeal to get declared disabled and eligible for benefits. Try to be patient. If you do not cooperate with the SSA evaluators, they can deny your application for that reason. 

Failure to Follow Prescribed Treatment

If an applicant does not follow the treating doctor’s orders about treatment for the medical condition, the SSA can deny the disability claim. The SSA will justify the denial by saying that you might have more function and ability to work if you completed the treatment your doctor prescribed.

Returning to Work

If an applicant returns to substantial work while the claim is pending, the SSA can deny the claim. You must be 100 percent disabled to receive SSDI or SSI benefits, so returning to work means that the person is not disabled. 

Other Reasons for Denial

You must have worked at jobs that paid into the Social Security system to qualify for SSDI benefits. The deductions from your paychecks help to fund the SSDI program. Think of those Social Security taxes as insurance premiums. If you did not pay insurance premiums, you cannot collect benefits. What’s more, you have to have worked not only long enough but recently enough to when your disability began in order to be considered “technically” eligible for SSDI benefits. 

The SSI program requires recipients to have very low income and few assets. The SSI program is a safety net for disabled people who do not qualify for SSDI because they did not work long enough at Social Security-participating jobs.

The application process for Social Security disability benefits is long and difficult. It can help to work with a Michigan Social Security disability lawyer who understands the process and knows what it takes to help you be approved as quickly as possible. Our staff will work with you, and your medical team, to ensure that all medical records are submitted for your case, including detailed Medical Source Statements that we draft for each client, to help position you in the best way possible to be approved.  Contact us today. 

Approximately one million people in the United States are affected by Parkinson’s disease. Parkinson’s disease is a medical disorder that is characterized by symptoms like stiffness, tremors, impaired movement, and instability. Parkinson’s disease is part of a group of neurological disorders known as Parkinsonian syndrome. If you suffer from Parkinson’s disease, you may be entitled to Social Security disability benefits. In order to determine your eligibility, please review the information below and contact a Michigan disability law attorney as soon as possible.  

Symptoms

Common symptoms of Parkinson’s disease include:

• Difficulty writing
• Tremors or shaking
• Slowed movement 
• Rigid muscles 
• Impaired posture 
• Impaired balance
• Decreased ability to perform unconscious movements.
• Changes in speech

Diagnosis 

Parkinson’s disease is diagnosed based on a patient’s medical history, symptoms, and a neurological and physical examination. The following symptoms must be present over a certain period in order for a physician to diagnose a patient with Parkinson’s disease:

• Tremors or shaking
• Bradykinesia (slowed movement)
• Stiffness in the limbs or body
• Problems with balance 

Qualifying for benefits  

In order to qualify for Social Security disability benefits for Parkinson’s disease, Social Security follows a 5-step evaluation process that looks at a variety of factors. The first two steps focus on whether the claimant is working at substantial gainful activity levels and, if not, whether the medical condition(s) are severe in that they cause significant work-related limitations. At step three, an applicant could qualify for disability benefits if they exhibit the following symptoms for a minimum of three consecutive months based on their Parksinon’s disease:

• The inability to control motion in two limbs, resulting in extreme limitations in the ability to balance, stand up from sitting, or use the upper limbs; 

OR

• Physical limitations problems in one of the following areas:
  • Remembering, understanding, or applying information;
  • Interacting with other people;
  • Concentrating, maintaining pace, or persisting; or
  • Managing oneself.

Documentation required  

In order to demonstrate the above symptoms, an applicant should provide both medical and non-medical evidence to the Social Security Administration. Common documentation includes:

• Medical history
• Examination findings
• Lab test results
• Medical imaging test results
• Descriptions of treatments 
• Descriptions of responses to treatments
• Statements by medical providers describing the applicant’s restrictions, limitations, daily activities, and how the applicant’s condition affects his or her ability to work.

However, if an applicant fails to meet the above criteria, he or she may still be able to qualify for Social Security disability benefits under certain circumstances. The best way to determine one’s eligibility is to contact a Social Security disability benefits attorney for guidance. 

Apply for Social Security disability benefits today 

If you suffer from Parkinson’s disease, the skilled Michigan disability law attorneys at Disability Law Group are here to help 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 suffer from Parkinson’s disease, 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 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.