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Is Social Security Disability For You?

January 1, 2015 by Howard Slusky Leave a Comment

Have you read our last blog yet? If you haven’t, now would be a great time to do so. In our previous post, we talked about how you and your family should never just accept the suffering you experience when it comes to your financial stability and income if you have suffered from an accident that revokes your ability to continuously work. If you have caught up and read the previous post, then you will be satisfied to know that today we’re going to explain to you, all of the benefits that you will be eligible to receive when participating in the SSDI program.

Using our experienced social security disability lawyers can be very beneficial for you, because you could be more likely to end up with SSDI with us standing behind you. SSDI is a great way to receive disability benefits from the government. That’s right, SSDI is a fully funded government program that every employee in the United States funds. Do you want to learn more about the SSDI program, including how you can qualify for such a program?

We invite you to stay tuned for our next blog, where we will be going over how you can qualify for Social Security Disability Insurance in Flint. If you aren’t sure where you to start, we invite you to peruse our past blogs and give our SSDI page a visit. Feel free to contact us online or give us a phone call to have any of your immediate questions addressed.

If Money Is Tight & You Can’t Work, SSDI Is For You!

December 17, 2014 by Howard Slusky Leave a Comment

December is a hard month for many families. Money always seems to be tight, but you still want to be able to take care of your family and buy them gifts they will love and enjoy. An unfortunate part of life is that sometimes it doesn’t goes as planned. If you have suddenly lost the ability to work, whether that be from a traumatic experience or an accident, Slusky & Walt is on your side.

We understand that if you can’t work because of an injury and accident, you shouldn’t be left for broke. You should be able to give your children the gifts they deserve and not feel like you are going to break the bank because of it. Losing your job is one thing, but losing your ability to work on a consistent basis because of tragic accident is another.

At Slusky & Walt, we have the social security disability lawyers you need, so that you can get back up on your feet again. We will help you every step of the way when you apply for the SSDI program. Don’t be afraid to step out of your comfort zone and get the assistance you need to live comfortably and happy again! Our team full of professionals have what it takes to help you understand SSDI, what it can do to benefit you and your family, and answer any questions that you may have.

Are you ready to take a step towards satisfaction in the Southfield area, so that you and your family can live with hope? Visit Slusky & Walt online today, and schedule an appointment with one of our experienced SSDI lawyers now!

 

 

Can the Insurance Carrier Suspend or Modify My Michigan Workers’ Compensation Cash Benefits?

November 27, 2014 by Howard Slusky Leave a Comment

Can the Insurance Carrier Suspend or Modify My Michigan Workers’ Compensation Cash Benefits?

If you are a worker in the State of Michigan and you suffer a job related injury or illness you may be entitled to workers’ compensation benefits. Your benefits may include both medical treatment and wage replacement benefits. Wage replacement benefits are cash benefits that are intended to replace the wages you would earn if you had not suffered the injury or illness. Once you are approved for benefits, your cash benefits could suddenly stop or be modified. This may lead you to ask “ Can the insurance carrier suspend or modify my Michigan workers’ compensation cash benefits? ”

The answer to that question is that yes, your Michigan workers’ compensation cash benefits could be suspended or modified, but not without a legitimate reason. There are several legitimate reasons why your wage replacement benefits could be suspended or modified, including, but not limited to:

 

  • You are able to return to work – if your treating physician believes you are able to return to work, either full-time or part-time, a report will be filed with the insurance carrier indicating that you can return to work. Your benefits may ts
  • You are not cooperating with treatment – as a claimant, you have the right to request a second opinion or question recommended treatment; however, if you simply refuse treatment altogether the insurance carrier will eventually suspend your benefits.
  • You are receiving other benefits – if you begin receiving benefits such as SSDI, SSI, or retirement benefits your workers’ compensation benefits could be modified accordingly.
  • You have received the maximum allowable benefits – there is a cap to the number of weeks some types of benefits are payable. If you reach the maximum number of weeks your benefits could be suspended.

 

While there are legitimate reasons for suspending or modifying Michigan workers’ compensation benefits, it is also common for benefits to be suspended or modified in error. For this reason, you should always check with your Michigan workers’ compensation attorney immediately if there is a change in your benefit amount or if your benefits stop altogether.

If you have specific questions or concerns, contact the experienced Michigan workers’ compensation attorneys at Slusky and Walt, the American Benefit Experts, by calling 1-800-ABE-HELPS (1-800-223-4357) today to schedule your free consultation.

Can Certain Medical Conditions Get You Approved for SSDI Automatically?

November 20, 2014 by Howard Slusky Leave a Comment

Can Certain Medical Conditions Get You Approved for SSDI Automatically?

Suffering from a medical condition that impairs your ability to work can be difficult to deal with, especially when your inability to work results in financial struggles as well. Fortunately, help may be available through the Social Security Disability Insurance, or SSDI, program. The SSDI program provides monthly monetary benefits for those who qualify. All medical conditions, however, are not alike when it comes to applying for SSDI. Some conditions qualify you automatically, and others may take months to years to be approved as a limiting disability. An experienced SSDI attorney is your greatest asset in both situations.

 

Generally, the Social Security Administration (SSA) has a listing of disabilities that automatically qualify you for benefits. This allows you to bypass the hassle of appeals and delayed benefits. This list can be found in the Blue Book on the SSA website. If your condition is not on the list, the Determining Disability Services agent at your local office may use the “grid”, a table of conditions cross-referenced by age and work ability, to qualify you. If you feel your situation applies to any of the following, you may have grounds for automatic qualification.

 

  • You have a terminal illnesses like end stage cancer, or AIDS, or another illness that will result in death.

 

  • You qualify for a “compassionate allowance”, which is a list of about 220 conditions that are serious enough to warrant a quick approval with little medical evidence.

 

  • You have a Presumptive Disability (PD); which is a list of 15 obvious and life long conditions that automatically qualify; including ALS, Down’s Syndrome, HIV, blindness and deafness.

 

  • You are a threat to yourself (suicidal) or to the public (homicidal).  Many mental illnesses fall into this category, and so should be inquired about carefully.

 

Additionally, certain circumstances, not necessarily medical conditions, can also be automatic qualifiers, including, but not limited to

 

  • You served in the military on or after October 1, 2001, although the disability does not need to be related to military service.

 

  • You are in dire need of assistance as a result of your condition. For example, you are at risk of losing, or have lost, food, shelter, or medical treatment because of your condition and you can show evidence of your needs. Some examples of evidence may include unpaid bills (regular or medical), bank statements, eviction notices, foreclosure notice, utility shut offs, expiration of medical coverage, and other hardships.

While there is no guarantee that you will be eligible for an automatic qualification, these examples can act as a guide if you plan to apply for SSDI. Because the SSDI application process can be confusing, and the denial rate is high (70 percent of initial applications are denied) it is in your best interest to consult with the experienced Michigan Social Security benefits attorneys at Slusky and Walt, the American Benefit Experts before applying. The team may be reached by calling 1-800-ABE-HELPS (1-800-223-4357) today to schedule your free consultation.

Are Trucks Required by Federal Law to Carry Insurance?

November 13, 2014 by Howard Slusky Leave a Comment

Are Trucks Required by Federal Law to Carry Insurance?

Despite the inherent danger they pose to others on the roadway, tractor-trailers and other large trucks are a common site on America’s roadways. The reason for this is simple – we have yet to find a more efficient method to move cargo from point A to point B in the United States. Fortunately, these mammoths of the roadway are heavily regulated by the federal government. For example, tractor-trailers and other large trucks are required by federal law to carry insurance. If you are ever injured in a Michigan trucking accident in which the truck was at fault you should (at least) be able to count on the defendant having adequate insurance coverage to cover your damages.

Injuries caused in a trucking accident are frequently severe, even fatal. The laws of physics tell us that the average passenger vehicle weighing in around 4,000 pounds does not stand a chance against a fully loaded semi-truck weighing 80,000 pounds. With this in mind, the U.S. federal government requires large trucks to carry sufficient liability insurance to adequately compensate most victims should a truck cause, or contribute to, a collision.

Title 49, Section 387 of the United States Code of Federal Regulations is where most federal insurance requirements can be found. Trucks weighing over 10,000 and carrying non-hazardous cargo are required to maintain a liability insurance policy with a minimum limit of $750,000 for injuries to people and/or property. Trucks with a gross weight of under 10,000 pounds and carrying non-hazardous cargo must carry at least $300,000 in liability insurance at all times.

If the truck is carrying hazardous cargo the insurance requirements increase. A tractor-trailer hauling hazmat is required to carry at least $1 million in liability insurance and potentially as high as $5 million. Trucks under 10,000 pounds carrying hazardous materials are also required to have at least $5 million in liability insurance.

Clearly, no amount of compensation is worth the injuries that all too often occur in a trucking accident; however, it is reassuring to know that if you, or a loved one, are injured in a Michigan trucking accident, compensation should be available if the truck was at fault.

If you have been injured in a Michigan trucking accident you may be entitled to compensation for your injuries. Contact the experienced Michigan trucking accident attorneys at Slusky and Walt, the American Benefit Experts, by calling 1-800-ABE-HELPS (1-800-223-4357) today to schedule your free consultation.

Common SSDI Questions Answered

November 7, 2014 by Howard Slusky Leave a Comment

At Slusky & Walt, our lawyers get many great questions about SSDI (social security disability insurance). We are happy to answer all of them, and with that, do you know what the most frequently asked questions about social security disability are? SSDI is a complicated program that is very particular about approving those who are in the program. With that comes many questions, and today, we will be answering a few of them. These questions include, how do you apply for SSDI, who makes the SSDI decision, and how do you qualify for SSDI?

How do you apply for SSDI?

  • Filing online has never been easier. When you visit the Social Security Administration’s website, you will be able to apply for SSDI. You will complete the application online. Expect to get a phone call from one of the SSA reps if there are any questions regarding your application. If you did file your SSDI online, it isn’t a bad idea to follow up with the office to be sure your application was received.

Who makes the SSDI decision?

  • SSDI is an important decision that is put in the hands of an ALJ. ALJ, also known as an administrative law judge, approves the final decision whether or not your SSDI is approved.

How do you qualify for SSDI?

  • Qualifying for SSDI takes special requirements. Visit our previous blog post to understand what these qualifications are.

Make an appointment with your social security disability lawyer in Flint, MI now to get the assistance you need.

 

Free Report: Social Security Disability Insurance Work Programs

November 6, 2014 by Howard Slusky Leave a Comment

Social Security Disability Insurance Work Programs

The Social Security Disability Insurance program is a federally funded and administered program that provide monthly monetary benefits to individuals who are unable to work because of a disability.

Topics covered in this report include:

  1. What Is SSDI?
  2. Doesn’t the Definition of “Disabled” Preclude Working?
  3. The Ticket to Work Program
  4. The Trial Work Period
  5. What Happens If I Find I Am Unable to Work Again?

Click here to read the whole article or download the PDF.

 

Can I Get Social Security Disability If I Suffer from Diabetes?

November 6, 2014 by Howard Slusky Leave a Comment

Can I Get Social Security Disability If I Suffer from Diabetes?

As a diabetes sufferer, your symptoms and complications may eventually prevent you from working. If that occurs, you may be entitled to benefits through the Social Security Disability Insurance, or SSDI, program.

 

Diabetes mellitus 1 and 2 are conditions that affect the pancreas’ ability to produce insulin. Type 1 is diagnosed in childhood and because the body does not produce insulin, or produces insufficient insulin, requires insulin injections. Type 2, or adult onset, is based on the body’s immune response to insulin. In this form, the body is resistant to the insulin being produced, and therefore is lacking the means to metabolize sugars ingested. It is usually the result of poor diet, lack of exercise, and occasionally is hereditary. Both can be life long debilitating diseases depending on treatment response and compliance. Diabetes can mean a simple lifestyle change or a complicated disease that slowly takes away the freedom to enjoy life. If you find that your diabetes is preventing you from working and causing a decline in your health, SSDI may be available to those who qualify.

 

Depending on what type you have, you may be wondering if you qualify for SSDI benefits in the event that full-time work has become a problem for you. The qualification process is complicated and many requirements must be met; however, many are able to qualify based on their existing history and complications arising from the disease. Take note that diabetes itself has been removed from the qualifying list, or Blue Book, for SSDI as of 2011 because type 2 can be a preventable disease and treatments are usually effective in managing both types of the disease. Therefore, you must be able to prove that issues arising from the disease are causing disability. Some of these issues include, but are not limited to:

 

  • neuropathy (nerve damage) which results in motor skill disturbance
  • retinopathy that affects visual ability
  • acidosis
  • cardiovascular disease
  • kidney problems
  • digestive problems
  • high blood pressure
  • skin infections
  • amputations

 

If you are affected by any of these complications you will likely need to secure documentation from specialists and/or from your primary care physician that states that the complications are from diabetes and that your diabetes is impairing your ability to perform work. There is also the residual functional capacity (RFC) form from SSDI that is used to determine what level of work, if any, you are able to perform despite your complications. It is possible to still receive benefits even if you can perform certain types of work – sedentary, part-time, or other types of limited working environments. Because of the complex nature of the application process it is always best to have an experienced Social Security Disability Insurance attorney assist you throughout the process to ensure compliance with the SSDI guidelines.

 

Because this disease tends to have limitations and requires considerable evidence to prove disability, many claims are initially denied. The help of a qualified SSDI attorney is beneficial in helping to prevent delays in qualifying and receiving benefits. Many attorneys are able to take their costs directly out of the first SSDI check upon approval. This can be helpful to those struggling financially while they work on their claim. If your diabetes is preventing you from holding down a job, contact an experienced Michigan SSDI attorney soon to begin the application process and prevent any further financial decline.

To learn more, please download our free Social Security Disability Insurance in Michigan Work Programs here.

 

What Is My Car Accident Claim Worth in Michigan?

October 30, 2014 by Howard Slusky Leave a Comment

What Is My Car Accident Claim Worth in Michigan?

If you were recently injured in a car accident in Michigan and you believe that the other driver was at fault in the collision you may be entitled to compensation for your injuries. Understandably, one of the first questions victims of a motor vehicle accident have is “ What is my car accident claim worth in Michigan? ” The value of a car accident claim depends on numerous factors. While the best way to get an idea what your claim is worth is to consult with an experienced Michigan car accident attorney, a better understanding of the factors that go into determining the value of a claim is a good place to start.

No two motor vehicle accidents involve exactly the same facts and circumstances; however, there are some common factors that are considered when evaluating the value of a claim, including:

 

  • Negligence – negligence is the legal term used to refer to fault or responsibility in a personal injury accident. For a victim to be entitled to compensation for injuries sustained in a car accident another party’s negligence must have caused, or contributed to, the accident. Your own negligence can reduce the value of your claim. For example, if the other driver made a left hand turn in front of you, clearly failing to yield to you when you had the right of way, the other driver would be considered negligent. If, however, you were also speeding at the time, you might share in the negligence. You might be found to be 20 percent responsible and the other driver 80 percent. The value of your claim would then be reduced by your share of the blame, or 20 percent.
  • Severity of injuries – both economic and non-economic damages may be available to a victim. Economic damages are things like medical bills and lost wages while non-economic damages are what people typically refer to as “pain and suffering”. The value of both types of damages will depend, to a large extent, on how severe the injuries were. If the injuries caused permanent damage, scarring, disfigurement, or anything else that will never completely heal the value of the claim will be higher than if the injuries were minor and expected to heal completely.
  • Liability limits – in reality, the liability limits of the negligent party’s insurance may also play a role in evaluating a claim. Although you can pursue other avenues for payment, such as putting a lien on property owned by the defendant, most claims are paid for by insurance. Therefore, the at-fault party’s liability insurance limits will be a factor when determining how much the defendant can realistically pay the victim.

 

If you have been injured in a Michigan car accident you should consult with an experienced Michigan car accident attorney as soon as possible after the collision to ensure that your rights are protected and that you are fairly and fully compensated for all your injuries.

What Is Medical Negligence?

October 23, 2014 by Howard Slusky Leave a Comment

What Is Medical Negligence?

Doctors, and other healthcare professionals, are human, just like the rest of us. As such, they make mistakes just like the rest of us. Sometimes those mistakes are relatively harmless; however, in other cases a medical error can amount to medical negligence and may cause serious, even fatal, injuries to a patient. When that is the case, the patient, or surviving family members, may have the basis of a medical malpractice lawsuit. Because of the complex nature of medical negligence cases it is always best to consult with an experienced Michigan medical malpractice attorney immediately if you suspect that you are the victim of medical negligence.

 

Medical negligence is defined as “professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.” Common examples of medical negligence include:

  • Misdiagnosis
  • Failure to diagnose a condition
  • Delay in treatment
  • Surgical error
  • Anesthetic error
  • Prescription medication errors

 

As a general rule, if you received care from a healthcare professional and that care resulted in injury, caused your condition to worsen, caused unnecessary or unexpected complications, or required additional medical treatment, you may be the victim of medical negligence. Medical negligence is not limited to physicians, as any licensed health care professional can be held responsible for negligence, including dentists, nursing homes, hospitals, nurses, and pharmacists.

 

If you believe you are the victim of medical negligence it is crucial that you consult with an experienced medical malpractice attorney immediately. In Michigan, the professional malpractice statute of limitations is two years, meaning your lawsuit may be barred if you do not commence legal action before the end of the applicable statute of limitations. According to the law, actions must be filed within the two year statute of limitations period OR within six months of discovery, up to a maximum of six years following the date of the act or omission that brought about the injury. If the negligence was not immediately recognizable though, the “discovery rule” may provide additional time after the injury is discovered to proceed with legal action. Furthermore, if the child was a minor, there are yet more laws in place to protect their right to suit.

 

If you need additional information, or have specific questions or concerns, contact an experienced Michigan malpractice attorney as soon as possible.

 

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Slusky & Walt, P.C.

Attorneys at Law
248-559-9100

Southfield

17515 West Nine Mile Road, Suite 400 Southfield, MI 48075

Flint

G-4030 Corunna Road Flint, MI 48532

Saginaw

1024 N. Michigan Ave. Saginaw, MI 48602

Romulus

36830 Goddard Road Romulus, MI 48174

East Side Location

25501 Van Dyke Centerline, MI 48015

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Slusky & Walt

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