Definition Of Social Security Disability

Social Security Disability Insurance (SSDI) is different from Social Security Income (SSI). Social Security income is available for anyone in the United States over the age of 65, and it provides money to cover basic necessities including housing, food, and clothing. Social Security disability insurance, on the other hand, is for individuals with a disability that prevents them from working. The availability of SSDI is based on your work history – you must have worked enough years and paid social security taxes while you were employed to qualify. SSDI is meant to make up for lost wages due to your disability. Individuals with disabilities qualifying for SSDI may also qualify to earn SSI, even if they are under the age of 65. 

When Do You Qualify For Social Security Disability Benefits?

In order to qualify for Social Security disability benefits, your condition must meet several criteria set by the Social Security Administration (SSA). Your disability must be severe enough to prevent you from working at a “substantial gainful activity level.” The SSA will determine a monthly income that qualifies as “substantial gains,” and if you are working but are unable to meet this income level, you could qualify. Your disability must have affected you for at least twelve months or be expected to affect you for at least twelve months. The SSA will also look into whether your disability prevents you from doing work you have done previously and if there is other work you would be capable of doing based on your condition, age, education, previous work experience and training, and transferability of skills. 

Common Disability Claims

The SSA provides a list of conditions that could qualify for SSDI. These fall into two general categories: physical impairment and mental disorders. Common physical impairment disability claims include: 

• Blindness
• Cancer
• Neurological disorders
• Hematological (blood) disorders
• Respiratory and cardiovascular disorders
• Musculoskeletal disorders
• Endocrine disorders
• Digestive system disorders
• Skin disorders
• Genitourinary disorders
• Congenital disorders
• Immune system disorders like HIV, lupus, or rheumatoid arthritis

Mental disorder disability claims can include: 

• Anxiety
• Depression
• Bipolar disorder
• Schizophrenia
• Trauma
• OCD

The requirements for SSDI can be confusing, and you may feel unsure if your condition qualifies. Multiple conditions may also contribute to your disability claim. Unfortunately, the SSA may not always look at the combined effects of your conditions on your ability to work. A Michigan Social Security disability lawyer can help you understand if your condition or conditions qualify you for SSDI, and they will fight for you to make your case. 

How To Apply For Social Security Disability Benefits In Michigan

Applying for Social Security disability benefits is a long process requiring lots of documentation and forms. Before you apply, it’s best to gather all the documents and information you’ll need. These will include:

• Your social security number
• Birth certificate
• Proof of citizenship
• Records of your work history from the last 15 years
• Information about your earnings, such as your most recent W-2 and recent paystubs
• Contact information for doctors, therapists, or hospitals where you’ve been treated for your disability
• Medical records you have in your possession 
• An adult disability report (from the SSA)

Once you’ve gathered the documents you’ll need, you can submit an application through the SSA online or by phone. You can also visit a Social Security field office near you. You will also be required to have an interview as part of your application process. Your application will then go through a review process where the SSA will determine whether you meet the medical and non-medical requirements to receive disability benefits. The amount of time it takes to hear the result of your claim varies greatly depending on how quickly all the necessary medical records can be retrieved and whether a medical examination is necessary. It takes an average of three to five months for your application to be approved or denied. 

What To Do If You’ve Been Denied Social Security Disability Benefits

It’s not uncommon for an initial Social Security disability application to be denied – in fact, as many as 80% of all initial applications are denied. Many of these denials are due to errors in the application or an incorrect evaluation of your records. If you’ve already applied for Social Security disability benefits and your application has been denied, you can appeal the decision. In most cases, the time frame to appeal is 60 days after you receive the decision on your case. 

There are four ways that you can appeal when you’ve been denied disability benefits. You can request reconsideration, request to be heard by an administrative law judge, request that your case be reviewed by the SSA appeals council, or file a lawsuit in federal court. In any of these processes, having an attorney on your side who is experienced with social security law will make the process significantly easier and less stressful for you. 

When Do You Need A Social Security Disability Lawyer?

It may seem that the only instance where you would need a Social Security disability lawyer is if you have to go before a judge to appeal your case. While having an attorney by your side in a court setting is extremely valuable, there are actually many reasons why you may want to seek legal counsel earlier in the process. An attorney can provide guidance as you work through the application process so that the evidence and documentation you provide are clear and support your case rather than confounding it. This can be especially crucial if your case does have to be appealed later on, as it will minimize any damage control that has to be done. 

If your case does have to be appealed and go before a judge, a lawyer will help collect and present evidence that will strengthen your case. The social security regulations and guidelines for granting disability benefits are complex and not always intuitive. A lawyer who understands the process can help present your case in the best way to maximize your chances of success.

There are other specific circumstances under which an attorney may be especially helpful. Your case becomes more complex when you are reviving an earlier claim, seeking benefits for your dependents, or seeking to return to work later on. An attorney will help you navigate the extra intricacies of these situations. 

In conclusion, the best time to start talking with a Michigan Social Security disability attorney is as soon as possible. Working with an attorney will give you the best chances of obtaining the benefits you deserve from the beginning, but they’ll also greatly improve your chances of winning an appeal. Most attorneys only charge a fee if you’re granted benefits, and lawyer fees are tightly regulated and generally very affordable for social security cases. The help of a lawyer can only strengthen your case, so if obtaining your Social Security disability benefits is important to you, you should strongly consider talking to a lawyer as soon as you can. 

How A Michigan Social Security Disability Lawyer Can Help You

A Social Security disability lawyer can help you in many ways, including:

• Explaining your rights under the Social Security Act to make the confusing legal language clear and understandable
• Evaluating your situation to help you determine if you will be able to qualify for Social Security disability benefits
• Obtaining documents and evidence from physicians, insurance, and the SSA
• Preparing you and any witnesses for a hearing by the administrative law judge
• Arguing your case in front of the administrative law judge and submitting any evidence
• Reviewing and evaluating actions taken by the SSA
• Requesting that your case be reviewed by the SSA Appeals Council or taken to federal court if necessary

Above all, a Social Security disability lawyer will give you peace of mind that your rights are being fought for and that all the appropriate and necessary steps are being taken in your case. Federal agencies like the SSA have complex and confusing rules and regulations that make them difficult to navigate for the average person. Don’t let the disability benefits that you rightfully deserve get denied because of a simple mistake or misunderstanding. Enlist the help of an experienced attorney as soon as possible to ensure you get the most out of your disability benefits. 

Why Choose LegalGenius For Your Social Security Disability Lawyer?

A LegalGenius social security disability lawyer will fight for you to get you the disability benefits you deserve. At LegalGenius, our team of dedicated attorneys has over 100 years of combined experience fighting for our clients to get fair compensation for personal injury and related cases. We’ll maximize your benefits and leave nothing on the table.

We have a track record for success that we’re proud of, but the thing that’s even more important to us is treating each of our clients with compassion and dignity. We care about each individual client as a person, and we’ll do everything in our power to make sure your needs and concerns are handled. We aim to put you at ease while we take the lead in your case. You can rest easy knowing that we will do everything we can to get you your disability benefits. 

Request A Social Security Disability Consultation

Navigating the Social Security system can be confusing and overwhelming. Don’t let a simple misunderstanding get in the way of receiving your Social Security disability benefits. At LegalGenius, we can help you navigate the system and fight to get the benefits you’re entitled to. During your free initial consultation, we’ll review your case and help you understand your rights. Contact us at 1-800-209-4000, press the live chat button, or fill out our online contact form to discuss your social security disability case.