Category: Social Security Disability

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. 

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.