You can apply for Social Security Disability Benefits online, by phone, or in person at your local Social Security office. To apply online, visit the Social Security Administration website and follow the instructions. To apply by phone, call 1-800-772-1213. To apply in person, locate your local Social Security office and make an appointment. Eligibility for SSD benefits is determined by a five-step process that evaluates your work history, medical condition, and ability to work.

The Social Security Administration has a set of rules and regulations that they use to determine whether or not an individual is disabled. The Social Security Administration will look at your medical records, work history, and other factors to determine if you are disabled according to their guidelines.

Yes, if your Social Security Disability claim is approved, you may be eligible for Medicare coverage. After you have been receiving Social Security Disability Benefits for 24 months after being awarded your disability benefits, you will be eligible for Medicare coverage.

Your Social Security Disability benefits will continue as long as you remain disabled and meet the other requirements for eligibility. However, there are some circumstances that can cause your benefits to stop, such as if you exceed the limits for income or resources, or such as if you are able to return to work or if your medical condition improves.

A request for an expedited hearing or an “on-the-record” decision based upon a “dire need” situation such as an impending foreclosure or loss of shelter, diagnosis of a new terminal medical condition, or other emergency situations can be submitted to SSA. However, such “dire need” requests are usually rarely granted. Contact our office if you feel like your condition may qualify for special consideration.

Depending on where you live, it can take between six months and one year to see a judge.

An average hearing usually takes approximately 30 minutes from start to finish. For well documented cases with strong medical evidence, the hearing is usually short with a limited amount of questions. For more complex cases with, for example, conflicting or inconsistent medical evidence, the hearing can last over an hour. In some rare circumstances, the Judge may request additional information or schedule a medical exam after the hearing.

Your representative can request an “on-the-record” decision if your case is strong enough. However, your representative may charge for his/ her time preparing the request. You can also submit a “dire need” request based on medical or financial hardship. It is at SSA’s discretion as to whether the request will be honored.

Yes, we will be with you at your disability hearing. We will also meet with you prior to your hearing to gather evidence and discuss your case.

Before your hearing we will consult with you to determine what providers you’ve seen, what tests you’ve had performed, and what specific records need requested. Generally, you should have all of the records of your medical treatment for 12 months prior to your alleged onset date in the record before your hearing.

Though not required, a supportive medical opinion from your doctor can sometimes help your case. The ALJ will determine how much weight to give that opinion based on a number of factors such as: the specialty of the doctor, the length of the treating relationship, how consistent the opinion is with other evidence in your file, and other factors.

If you are unable to secure all of the relevant records prior to your hearing, you must notify our office and we will notify the Administrative Law Judge, in writing, five days in advance of your hearing. Otherwise, the Judge may not consider records submitted after your hearing. The Administrative Law Judge will rule separately on whether to admit the records into evidence after your hearing.

If you do not attend your hearing, for whatever reason, you will be asked to explain why or “show cause” as to why you failed to appear. If the Administrative Law Judge feels that you have a valid reason for missing your hearing, he/she may reschedule your hearing for a later date. If the judge does not find your reason for not appearing at your hearing to be sufficient, he will dismiss your case and you will have to appeal or start over and file a new claim.

You are required to have a valid picture ID such as a state ID card, driver’s license or some other form of official identification. In addition, you should have a printout of your prescription medications, prescriptions for any canes, crutches, walkers, glasses, or any medical devices you use

It usually takes 4-10 weeks after your hearing for a decision to be issued. After the hearing the Judge will review your records, testimony, and any additional evidence or arguments, and issue a decision. Once he/she issues a decision, your case will go over to a decision writing unit for processing and writing a formal decision.

Social Security has access to your earnings record. If your employer reported wages to the state, then you should expect that Social Security knows about it. Sometimes a work attempt can show that you want to work but due to your disabilities cannot sustain a work effort. Talk to an expert that can help you determine the best way to handle work attempts after your onset date.

At a Social Security hearing, the judge will probably ask about gaps in your earnings history. Being unable to adequately explain these gaps can hurt your case. The judge doesn’t know if you were: incarcerated, working “under the table”, caring for for children or an elderly parent etc.. Be prepared to explain gaps in your earnings record for 15 years prior to your onset date.

One way to quickly damage your credibility is to exaggerate your symptoms. Disability examiners have seen thousands of cases just like yours. Although every case is “unique”, adjudicators will often flag cases where the is not a medically determinable impairment or test results that could “reasonably” cause the limitations that you allege. Get expert help to help you navigate the forms and questionnaires that can “make or break” your case.

Self-medicating is not a good option in treating your pain, depression, etc..Using illegal drugs immediately damages your credibility. Failed drug tests for cocaine, methamphetamine, or other illegal substances point more towards recreational drug abuse than towards…

Not being able to afford medical care is understandable if you have no medical insurance or income. Social Security can only decide cases based on medical evidence. A lack of treatment in or testing in your record does not help your case. People with severe conditions go to the emergency room despite lack of funds…

If your medical providers have counseled you to stop smoking due to your worsening COPD or you end up at the ER due to not taking your seizure medications…

There is difference between being “disabled” and “retired”. If you spend your days hunting and fishing then you appear to be asking Social Security to subsidize your “early retirement”…

If you come to your disability hearing with a cane, crutches, walker, in a wheelchair the first question the judge will ask is “who prescribed that for you?”

Often doctors use software that automatically fills information about your conditions or symptoms. Some doctors keep poorly written “handwritten” notes that are difficult to read and are not machine readable…

A disability hearing is not a job interview or a job application. Failing to adequately show that your symptoms are severe can cause the judge. You should be honest and truthful in describing your symptoms. Too slight or too severe of symptoms can raise red flags in your case…

Many adults take time off from work to care for elderly parents or to babysit grandchildren. This is commendable and often times it is necessary to care for family members. However, a judge will not pay you disability for spending the day caring for an elderly family member. If you are cooking, cleaning, bathing, and caring for others, proving you are disabled is extremely difficult.

When you apply for state unemployment benefits, you are attesting that you are ready to go to work…

A “bad” medical opinion is worse than no medical opinion. Forcing a medical provider to complete a medical opinion form is a bad idea. Often, they will complete it in such a way as to show you are not disabled at all. And, if your doctor completes a form in a negative way, you still must submit it to Social Security for consideration. This can have a catastrophic effect on your case.

In a disability hearing the judge will often ask if you have a disabled spouse. If you do, the judge will assume that you are doing the household chores or your disabled spouse is doing the household chores. It is best to…

Filing early and often is the worst thing you can do…

Some people have a habit of providing too much information at their disability hearing. When given the opportunity to speak, they may overshare and that can lead to trouble. Now, while outright lying is never in your best interest, disclosing unsolicited information could damage your case.

The following four situations, while not grounds for automatic denial, have the potential to damage your claim. If any apply to you, it’s best to keep them under wraps unless directly questioned by the ALJ:

Prior denied claims example. “I’ve filed seven times since 1987 and Social Security won’t listen to me…”

Prior criminal history example. “Ive been locked up for fraud and false statements” Drug and alcohol issues example. “I’ve been drinking a 12-pack a day and using methamphetamine since 2013” Family members receiving disability example. “My wife and my 3 kids all receive SSI so I decided to quit working and try to get my disability too.”

Three other job-related arguments to avoid making when testifying before the ALJ: “There are no jobs available.” This implies that if there were jobs, you would be able to work and therefore not in need of disability. “I can’t do my old job anymore.” Again, this implies that you are able to work a job, but just not able to work one outside of your field. If you are under 50, Social Security presumes you can be re-trained to do “other work”. Other work could by any unskilled work that exists in the “national economy”.

“There is no way for me to get to work without a car or license.” Unless you have a medically determinable impairment that restricts your ability to drive or your doctor has prohibited you from driving, no ALJ will consider this a valid excuse for disability.

You are entitled to compensation for pain and suffering if:

. The other driver was more than 50% at fault for the accident,

. You suffer from a “serious impairment of a body function, or a serious and permanent disfigurement or death”

. You did not intentionally cause the accident, and

You were not the driver/owner of an uninsured automobile involved in the accident

The seriousness of your injury must be validated by a physician and usually includes diagnostic tests. Most importantly, the injury must significantly affect your life.

Courts look to see how long you were off work and what activities you can no longer do. If you continue to work after your accident and your activities are not significantly altered, then you are probably not suffering from a serious impairment of a body function. If you have scarring from the accident, an experienced attorney can evaluate whether or not you have a serious and permanent disfigurement.’

A claim must be filed within three years of the date of the accident, or if the injury is to a minor, before the minor’s 19th birthday.

Contact us or complete our free online consultation form today to find out just what you are entitled to receive and how to get maximum money for your pain and suffering.

No-fault insurance benefits are paid to any Michigan resident who is injured in an accident involving a motor vehicle.

There are basically three benefits: medical, wage loss and replacement services. You obtain these benefits by filing a claim for no-fault benefits with the proper motor vehicle insurance company.

You must file the claim within a year of the accident date or lose the right to receive your no-fault benefits.

In Michigan, we have a priority system as part of the No-Fault Law. It states whenever you are hurt in an accident involving a motor vehicle you look to your own automobile insurance first. This applies even if you are walking, riding a bike or in someone else’s vehicle when the accident occurs.

If you do not own an insured vehicle on the date of the accident, your No-Fault benefits will be paid by the automobile insurance carrier of any relative with whom you are living on date the accident occurs. If you do not live with a relative who has an insured automobile on the day of the accident, your No-Fault benefits will be paid by the owner and/or operator of the vehicle you were in at the time of the accident.

If all else fails and there is no other available auto insurance, the State of Michigan will assign a company to you to fully pay all the benefits you are entitled to. Sound complicated? Call us for a free consultation, we’ll sort it all out for you!

Under Michigan law, if you receive treatment for injuries suffered in an auto accident, you are entitled to have your medical bills paid by a motor vehicle insurance carrier.

The treatment received must be for the injuries suffered as a result of the auto accident and the services and charges must be reasonable and necessary for the treatment of the injury.

Medical benefits are lifetime benefits. You are still entitled to them, even if you change insurance companies after the accident.

If you paid a lower premium and elected to have your medical benefits coordinated, you agreed to submit your bills to your health insurance carrier first.

Whatever costs are not covered by that insurer will be paid by the motor vehicle insurance company. This area of the law is very complicated. In order to fully understand the law and your rights, please contact us.

No. Medical benefits include round-trip mileage driven for any treatment or medical purpose relating to an accident.

They also include the costs of rehabilitation, accommodations and, possibly, vocational training to assist an injured person.

Work loss benefits are payable to an injured person for three years following an accident, covering 85% of the gross lost wages.

The Michigan No Fault Law allows a person to obtain all allowable expenses, which is defined as “all reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person’s care, recovery or rehabilitation.”

Transportation expenses incurred for the purpose of obtaining medical treatment is also a benefit that can be recovered.

In the event of death, no-fault benefits can be paid to surviving dependents.

One rule that confuses many clients is that even if you are rear-ended or the accident is not your fault, you still must make a claim against your own insurance company.