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What do I need to file a disability application?

December 14, 2019 by Jacob Leave a Comment

Social Security Disability has 2 requirements that must be met to win a disability case: the medical requirement; and the financial requirement. 

Medically disabled means: suffering from a condition or injuries that result in the inability to engage in substantial gainful activity for at least 12 consecutive months.  The legal term Substantial Gainful Activity (SGA) is the ability to earn $1,260 per month (for the year 2020). 

The financial requirement can be met 2 different ways. 

The first way is by having a consistent work history.  People who have a consistent work history are generally eligible to apply for Social Security Disability Insurance (SSDI) benefits. 

However, if you do not have a consistent work history, you may still be eligible for benefits if you prove that you are disabled under Supplemental Security Income (SSI).  SSI requires that you are in a state of financial need, which is generally defined as having little to no income, with total assets worth less than $2,000.  Assets are anything of value that could be sold.  Assets can include: money in the bank, stocks, bonds, real property, retirement funds, farm equipment, or other valuable items not including a home that you live in, or a car you drive. 

People are often eligible to apply for benefits under SSDI and SSI.  For additional information on whether you are eligible for benefits, please contact Slusky and Walt for a free consultation. 

What will Social Security consider in my case?

December 7, 2019 by Jacob Leave a Comment

The Social Security Administration uses several factors to evaluate whether someone is disabled (i.e. unable to engage is substantial gainful activity for at least 12 consecutive months).  Social Security will consider the following factors:

(1) Are you currently working?
(2) If you stopped working, when were you last employed?
(3) Your age;
(4) The severity of your medical conditions;
(5) The medical records from doctors and hospitals that support your case; and
(6) Reports from Independent Medical Evaluations (IMEs) ordered by Social Security. 

Remember, the majority of disability cases are denied.  The next step after a denial is to file an appeal, which must be filed within 65 days from the date of the written denial. 

For additional information on how these factors affect your case, give us a call for a free consultation. 

Is age a Factor that Social Security will consider in my Disability Case?

December 7, 2019 by Jacob Leave a Comment

Your age can affect your eligibility for Security Disability Benefits.  Specifically, if you are less than 50 years old, you will have to prove that you are unable to perform any type of work to be eligible for benefits.   That includes sit-down work or other jobs that you have not done before. 

Once you are 50 years or older, it becomes easier to win your case because you only have to prove that you are unable to do work that is similar to the work you are familiar with.  However, this is just a rule of thumb.  The law will separate different types of work into: sedentary, light, medium, heavy, and very heavy work.  Social Security will also consider whether your skills are transferable to other types of work.  Additionally, the Medical Vocational Guidelines change again at 55 and 60 years old, that make it easier to receive disability benefits. 

If you would like to know how the guidelines are applied to your case, and whether you meet the requirements for disability benefits, feel free to contact us for additional information. 

How long will my disability case take?

November 28, 2019 by Jacob Leave a Comment

The short answer is: it depends.  Disability cases typically take from 6 months to 18 months, from the day that you apply, to the day that your disability benefits are disbursed. 

However, if you suffer from a terminal illness, you may be eligible for a faster determination. 

The process can be broken down into distinct stages, each of which takes a predictable amount of time. 

What are the different stages of the disability process, and how long does each one take?

The first step in every disability case is to complete a disability application. 
Initial applications can take 4 to 6 months to process.  In this time the Social Security Administration will determine whether to award disability benefits.  It is important to keep in mind that most initial disability applications are denied, even for people who are entitled to (and will be awarded) disability benefits. 

If your application is approved, it will take an additional 2 months for Social Security to calculate your benefit amount and then execute payments.  In total, that will be between 6 and 8 months from the date that you apply. 

If your application is denied, the next step is to file an appeal, which means that we disagree with the denial, and want to prove that in front of a judge.  Each hearing office has a different wait time to schedule hearing.  In Michigan the average wait time varies from 6 months to 12 months. 

Once the hearing is held, a decision is written.  It usually takes 30 to 60 days for the judge to write the decision, but sometimes it can take 90 days or more.  The decision will be either: (a) Fully Favorable, awarding all benefits; (b) Partially Favorable, awarding some benefits; or (c) Unfavorable, awarding no benefits. 

Most disability cases are resolved at the disability hearing.  While the national average for approved cases is 42%, Slusky and Walt wins ~90% of our cases by the time we get to a hearing.  However, not every decision issued is Fully Favorable.  Unfavorable and Partially Favorable decisions can be appealed. 

What happens if the decision on my case is Partially Favorable?

Partially Favorable decisions can be appealed to the appeals council. 

What happens if the decision on my case is Unfavorable?

If the decision is unfavorable, there are 2 options: (a) You can appeal the decision to the appeals council; or (b) you can file a new disability application. 

If you file a new application, you will forfeit potential past-due benefits under the previous application, and will have to prove that your conditions became worse, or you have a new severe condition since the unfavorable decision. 

What will Social Security consider in determining my case?

November 23, 2019 by Jacob Leave a Comment

Social Security has several factors they consider in any given case. However, some information is relevant in every case. Social security will consider:


(1) Are you currently working?
(2) If you are not working, when did you last work?
(3) Your age;
(4) The severity of the medical conditions that you suffer from;
(5) The evidence and medical records that you have to support your case; and
(6) Supporting reports from independent medical evaluations ordered by Social Security.


Every case is different and each will be evaluated independently. There are only a select few circumstances where a given case will have a fixed outcome.


***Remember, the majority of disability cases are denied. The next step after a denial is to file an appeal, which must be filed within 60 days.

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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

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36830 Goddard Road Romulus, MI 48174

East Side Location

25501 Van Dyke Centerline, MI 48015

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