Social Security disability benefits are extremely valuable to individuals who are unable to work due to a disability. But what happens when a Social Security disability benefits recipient returns to work? While these types of benefits are intended to help those who can’t work, there are specific circumstances in which a disabled individual can hold a job and continue to receive benefits. It is critical to consult with an experienced disability attorney to find out what the rules are that may affect working while on disability and what your rights are.

How long do Social Security disability benefits continue?

Disabled individuals will continue to receive Social Security disability benefits until one of the following occurs:

• He or she reaches retirement age and begins receiving Social Security retirement payments
• He or she commits a crime and is institutionalized or incarcerated
• His or her medical condition improves to the extent that he or she is no longer considered disabled
• He or she earns income over the Substantial Gainful Activity (SGA) level without an exception being met, such as a qualifying Trial Work Period (TWP)

Substantial Gainful Activity (SGA) Work and Affect on Disability

As noted above, Social Security disability benefits may be terminated when a beneficiary returns to work and earns more than SGA. For 2019, SGA is $1,220 per month for a disabled individual and $2040 per month if a disabled individual is blind. In other words, a disabled individual can work part-time and still receive Social Security disability benefits as long as he or she earns under these amounts. However, there are programs in place designed to encourage individuals to test their ability to work, even above SGA levels, which will trigger a TWP. However, it is important to notify the Social Security Administration right away if you do return to work once approved for disability benefits.

Self-employed individuals and SGA

SGA determinations can be complex for self-employed individuals. For example, a self-employed individual may work well over 40 hours per week and still earn below SGA. In order to make SGA determinations for self-employed recipients, the Social Security Administration employs several tests to determine whether the continued receipt of benefits is appropriate. If you have questions about whether your self-employment, or other work, may impact your disability benefits, or are thinking about applying or appealing a denial, contact our experienced attorneys for a free consultation.

Michigan disability law attorneys

The cancellation of SSD benefits can be devastating. Therefore, if you would like to receive disability benefits but don’t know how to apply, or if your SSD benefits have been cancelled, 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. Please contact us as soon as possible for a free consultation.

Despite the high number of people who apply for Social Security Disability (SSD) benefits each year in Michigan, a majority of claims are denied at the initial level of the disability claim process. And while every applicant’s situation is unique, the reasons for denial tend to be relatively uniform. In order to improve the chances of approval, applicants should review the following common reasons that SSD claims are denied and consult with an experienced Michigan disability law attorney prior to applying for SSD benefits.     

Lack of medical evidence

SSD claims are often denied due to a lack medical evidence. In order to qualify for SSD benefits, an applicant must prove that he or she is unable to work due to a disabling condition(s). In order to successfully prove this, the applicant must submit medical records that demonstrate his or her inability to work due to a disability, or a combination of impairments that preclude an ability to work.

Prior denials

People often think that filing a new SSD claim following a denial is a better option than filing an appeal. However, as a general rule, this is not the case. In fact, in some situations, an applicant’s new claim will be denied when it is discovered that he or she was previously denied and there is no significant change from before. Further, back-pay benefits and additional insurance coverage could be lost if the claimant files a new application rather than an appeal. Therefore, applicants should speak to a knowledgeable Social Security Disability attorney in Michigan to determine their best options.

Failure to follow treatment plan

When an applicant fails to follow the treatment plan prescribed by his or her doctor, or is considered to be non-compliant, chances are that the SSD claim will be denied on that basis. The primary reason for the denial in this type of situation is that the examiner will not be able to determine the applicant’s inability to work due to a disability if he or she is unwilling to comply with a prescribed treatment plan. When an applicant for disability shows that they are being compliant with prescribed medications and treatment, then Social Security can see that they are making reasonable efforts to get better, increasing their chances of approval.

Failure to cooperate with the Social Security office

Finally, the failure to cooperate with the Social Security office can result in a denied SSD claim. For example, if an applicant fails to provide the Social Security office with requested documentation or doesn’t show up to scheduled medical exams, his or her claim could be denied. Having an experienced attorney on your side will ensure that no deadlines are missed and that your claim is as complete as possible, setting you up for the best chance of success.

Failure to hire a Michigan disability law attorney

The denial of SSD benefits can be devastating. Therefore, if you would like to receive disability benefits but don’t know how to apply, or if you have been denied the benefits 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 SSD 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, disability is all we do – day in and day out. Contact us as soon as possible for a free consultation.  

Countless people rely on Social Security Disability (SSD) and Supplemental Security Income (SSI) benefits to meet their needs. Without these benefits, many of these individuals would be unable to support themselves and their families. Not only can these benefits provide monetary relief, but the critical insurance that accompanies this benefit as well. Therefore, the denial of SSD or SSI benefits can be especially devastating. Luckily, if you’ve been denied SSD or SSI benefits, you have the right to appeal the decision and request a hearing in front of an Administrative Law Judge (ALJ). Below is an overview of what you need to know about SSD and SSI appeals.

When to appeal

If you’ve been denied disability benefits, you must be mindful of the appeal deadline listed on your denial, as well as the type of denial you receive. Your appeal must be filed within 60 days of the date on your denial letter. If you receive a technical denial, stating that you have not acquired sufficient work credits to qualify for benefits, an appeal is likely not your best option. In order to qualify for SSD benefits, for example, you have to have worked long enough and recent as well. However, if you receive a medical denial, finding that you satisfy the work credit criteria, but that your impairment(s) is not severe enough under Social Security’s rules, you will want to consult with an experienced attorney to file an appeal. When your appeal is filed, your case will be forwarded to the Office of Hearings Operations closest to where you live, and it can take anywhere from 12 to 18 months, on average, for the court to schedule your hearing.

• Before your appeal hearing

Prior to your appeal hearing, you must submit updated medical records to the judge in your case for review. All written evidence must be submitted, or at least noticed provided, to the judge no later than five business days before your hearing. In addition to medical records, your disability law attorney may submit a brief to the judge in your case explaining why you are entitled to benefits. Briefs can be a particularly beneficial tool in your case as it outlines the legal arguments in support of your case as well as the pertinent medical evidence and where it can be found in the Exhibit list of your file. This can help the ALJ reconcile any issues that they may have noticed in reviewing your file ahead of time, giving you the advantage you deserve.

• At the appeal hearing

At your hearing, the ALJ will take your testimony regarding your past work and your perceived ability to work into consideration. Depending on the ALJ, and the facts of each case, you may be asked a series of questions about your abilities and limitations considering how well you perform activities at home as well as your social functioning. Following your testimony, the ALJ will examine a vocational expert, who will appear in person or by telephone, regarding your past work classifications and whether there are jobs available for a hypothetical person with your similar limitations. Next, your disability law attorney may ask you additional questions to help support your claim and cross-examine the vocational expert. Having a skilled and knowledgeable disability attorney in your corner will not only ensure that your file is prepared and that you are comfortable, but that no important questions are left unanswered.

• After the appeal hearing

The ALJ in your case will render a decision in writing to both you and your attorney, generally within two to three months after your hearing. If you are approved, your attorney will instruct you on what steps you should take in order to begin receiving benefits. If you’re denied, however, you can either file a new application or file an additional appeal at the Appeals Council within the prescribed deadline as reflected on your decision. Before hiring an attorney, you may consider asking whether the attorney handles cases from the application through appeals to the Appeals Council and beyond if necessary.

Michigan disability law attorneys

The denial of SSD benefits can be devastating and difficult to go at alone. Fortunately, there is help available for people who are disabled in Michigan to ensure their rights are protected. If you would like to receive disability benefits but don’t know how to apply, or if you have been denied the benefits you are entitled to, 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. You can also view our other resources such as the myths in SSD hearings. 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, disability is all we do. Please contact us as soon as possible for a free consultation. 

Post-traumatic stress disorder (PTSD) is an mental disorder that is triggered by the occurrence of a traumatic event, and it puts those afflicted with this condition at risk for a number of debilitating physical and mental problems. Due to their experiences in combat, many veterans suffer from PTSD, leading them to apply for veterans’ disability benefits through the Department of Veterans Affairs (VA). The VA takes a strict approach in evaluating PTSD claims for service-connection and requires multiple components be met before an award. The veteran must prove that they were exposed to a stressor (such as death, threatened death, actual or threatened serious injury or actual or threatened sexual violence). Furthermore, the stressor must have been through direct exposure, witnessed first-hand or indirectly (by learning of a close friend or family member was exposed to such trauma), or by repeated or extreme indirect exposure.

Moreover, there are additional factors that must be met, once the stressor is substantiated, including the symptom(s) severity level, duration, and resulting limitations or impact on overall functioning. Note that if the veteran is diagnosed with PTSD while in active military service, the burden of proving the stressor is lower, but other factors are still required and an examination may still be needed to assign the applicable rating. An applicant’s VA disability rating determines the amount of his or her monthly veterans’ disability benefit. The VA rates PTSD using a standardized rating schedule, and it uses the following to determine an applicant’s rating:

• Medical evidence-The applicant will want to put forth evidence confirming a current diagnosis of PTSD from a qualified medical expert who is competent to diagnose their PTSD. A psychiatrist, for example, who either has a treating relationship with the veteran, or at least undertakes a thorough evaluation upon meeting with him or her, may provide a diagnosis to support a veteran’s claim.
• Examination-An applicant will typically meet with a VA psychiatrist for an examination as part of the rating process. The psychiatrist uses this meeting to diagnose the severity of the applicant’s PTSD due to their related symptoms and limitations.
• Personal statement-When a veteran applies for VA disability benefits, a personal statement may be used to give the VA a sense of how the applicant’s PTSD affects his or her daily life. Certain points should be raised in these statements to ensure the appropriate symptoms and limitations are being highlighted for review.
• Supporting statements-An applicant is permitted to submit statements by friends and loved ones that describe the impact that their PTSD has had on his or her life and the related symptoms they observe.
• Symptoms-If a veteran has kept records of his or her PTSD symptoms and how they’ve evolved over time, these materials may be submitted to the VA as additional evidence of the applicant’s condition and can help when evaluating the appropriate rating that will be assigned.
• Work evaluations-Finally, work evaluations may be submitted to help determine a veteran’s disability rating. Evaluations may be completed by a supervisor or coworkers, and they are intended to demonstrate how PTSD impacts the applicant’s ability to work.

Michigan Disability Law Attorneys

The completion and submission of various forms of evidence allows the VA to evaluate the severity of an applicant’s condition such as PTSD, but the process can be difficult to navigate alone. Therefore, if you are a veteran and you would like to receive disability benefits due to PTSD or some other medical condition, the skilled disability law attorneys at Disability Law Group are here to help. We will ensure that your claim is carefully evaluated and, together, we will come up with a plan of obtaining all relevant evidence that could bolster your claim so that you can receive the correct rating and every benefit you deserve.

At Disability Law Group, our experienced Michigan attorneys will be by your side during every step of the process, from guiding you in the application process and answering any questions that come up with the VA to appealing your denial in court, if necessary. 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 in Michigan, or anywhere else in the United States, and would like to apply for disability benefits or fight a denial, Disability Law Group can help. At Disability Law Group, disability is all we do. Please contact us as soon as possible for a free consultation.

The Social Security Administration offers two primary benefits options to disabled individuals: Social Security disability (SSD) and Supplemental Security Income (SSI). Both options provide financial assistance to disabled individuals in Michigan. So, if you are disabled in Michigan, be sure to review the information below and contact one of our Michigan disability law attorneys as soon as possible to discuss your benefits options.

How to qualify for SSD and SSI

SSD is available to disabled individuals who suffer from medical problems severe enough to prevent them from holding a job. However, in order to qualify for SSD, an applicant must demonstrate that he or she has a qualifying condition. If an individual’s condition isn’t considered qualifying, he or she may be eligible for SSD based on a review by the Social Security Administration of the applicant’s claim of disability and ability to work. An applicant for SSD must have also earned a specific number of work credits to qualify for benefits. However, those disabled individuals who are unable to qualify for SSD benefits may still be eligible for SSI. Therefore, regardless of your work history or inability to qualify for SSD in the past, please contact one of our Michigan disability attorneys today, as you may be eligible for SSI. In addition, if you’ve recently been denied SSD, you may be able to appeal the decision with the help of our experienced SSD and SSI lawyers.

Amount of benefits and timeline

The amount of benefits that a disabled individual may receive is based on his or her average lifetime earnings. And once an applicant has been approved for benefits, he or she will continue to receive them for as long as his or her medical condition persists. In order to determine an individual’s continuing disability status, the Social Security Administration performs a review every three years following an applicant’s initial approval.

Michigan Disability Law Attorneys

SSD and SSI can be life-changing for disabled individuals in Macomb County, Oakland County, Wayne County, and throughout Michigan. Similarly, the denial of such benefits can be devastating. Therefore, if you would like to receive disability benefits but don’t know how to apply, or if you have been denied the benefits 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 process, from filing the initial application to appealing in court, if necessary. From your very first call, and throughout the entire process, our experienced Michigan 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 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.