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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.

I was hit by a car in a parking lot causing serious injuries, who will pay my medical bills?

May 17, 2016 by Howard Slusky Leave a Comment

Michigan law requires that your car insurance company pay your wage losses and medical bills resulting from your injuries. Other economic losses may also include follow up treatments, therapy and medications. There are three common ways to get your medical bills paid when you are hit by a car as a pedestrian or if you are in a car accident.

  1. If you have car insurance, you should immediately file a claim with your insurance carrier. They are legally responsible to pay your medical bills, prescription costs, mileage, nursing, wage loss and household assistance for cooking, cleaning and yardwork. At Slusky and Walt, we can help you with this process. Contact us for answers to your common questions. For Example:

How do I know if my insurance company will pay what they should?

What about compensation for pain and suffering?

How long should this process take?

  1. If you do not have car insurance and a family member who lives in your household has car insurance, you will be covered under their policy and a claim with that insurance company should be filed immediately after the accident. We can help if you cannot collect the benefits that you deserve. Typical questions you might have are:

The insurance company is giving me the run around, what should I do?

How do I find out the amount of money I can collect in wage losses?

Between my health insurance and car insurance, who will pay what?

  1. If you or any family member does not have car insurance, you must file a claim with the insurance company of the car that hit you. At Slusky and Walt, we can assist you in filling that claim.

I am having trouble collecting, how do I collect from the insurance company?

How bad do my injuries have to be to sue the driver at fault for my pain and suffering?

How long can I collect my wage losses after the accident?

 

At Slusky and Walt, we are injury experts and can help you through the often confusing process of dealing with the insurance company. Call us so we can help answer your questions.

1-800 ABE-HELPS or 1-800-223-4357.

What should I bring to my Social Security hearing?

April 19, 2016 by Howard Slusky Leave a Comment

Verify that you know your court date, time and hearing location. Load the google maps app for directions on your phone if needed. At Slusky and Walt, we mail directions to our clients when requested.   Verify that you have the address of the building and the suite number or floor of your hearing.  Some social security hearing offices are in buildings of their own while others are on certain floors of an office building. You will need a state photo I.D. to enter the hearing room. Plan to arrive at least one hour prior to your hearing time unless you have an 8:30 am hearing. If you have an 8:30 am hearing, arrive when the building opens at 8:00am. Parking is typically free except at the Federal McNamara Building on Michigan Avenue in Detroit.

DO’s: Bring your valid U.S. driver’s license, state identification, military I.D. or passport. A small handbag will be allowed.

DON’Ts: All court visitors will go through a security check with a metal detector. Do not bring any weapons, knives, mace, coins, screwdrivers, or other metal tools. If you do, you will not be allowed into your hearing. Some courts will not allow food or beverages. Remember to check your handbag and keyring for these items before you arrive at court.

What should I wear to my Social Security hearing?

April 5, 2016 by Howard Slusky Leave a Comment

The appropriate dress for your court date is important. Your attire conveys information about yourself so it is important to select clothes that are subdued. The goal is to win your case not impress the court with how nice you can look.

Here are the Do’s and Don’ts for your Social Security Hearing attire:

DO’s:  It is always best to select something simple. Men should wear slacks and a button down or pull over shirt. For women, a knee length conservative dress or pants and blouse is acceptable. Show respect by wearing long sleeves and shirts that button up. Select clothes you would wear on a typical day. We want the judge to remember your health problems not what you were wearing.

DON’Ts:  This is not a job interview; do not dress like you are at one. Going to court wearing expensive attire or formal wear may communicate that you do not need financial support. Limit jewelry to conservative earrings or one or two simple rings. Leave your gold chains, high heels and expensive handbags at home. Additionally, avoid clothing that is too casual. Do not wear shorts, tank tops or flip flops. Avoid revealing tattoos and wearing perfume.

At Slusky and Walt, we ask our clients to wear their court appearance outfit or something similar at our pre-hearing appointment in our office to ensure a successful presentation to the court.

 

Can I Receive Social Security Disability If I’m Retired?

March 10, 2015 by Howard Slusky Leave a Comment

SSDI is a federally funded and administered program that provides disability benefits to people who qualify to receive it. One question about social security disability insurance is whether or not you can receive it and retirement benefits at the same time. Typically you are not allowed to receive social security retirement benefits and social security disability benefits at the same time. Usually SSDI is given to anyone who is forced to retire early due to their inability to work from their condition or disability. Once they become of age, their SSDI income is switched into normal retirement social security income. However, if you retire early which is possible at the age of 62, and then become eligible for SSDI, then there might be an exception to receive both.

If someone received less than a full months retirement benefit during a certain period of time, and then was approved for SSDI, social security will make up the difference between the early retirement amount and SSDI amount during those months the person was disabled but receiving early retirement benefits. Obviously this is a rare occurrence that does not typically happen. If you feel that you are in this position it is important to speak with a social security disability lawyer to find out if you qualify. Slusky and Walt are experts in the area of social security disability insurance and are more than qualifies to give you the assistance and advice that you may be seeking. Fill out our contact us form or give us a call today to speak with an attorney who can help you help you as soon as possible.

Am I Eligible For Workers Compensation in Michigan?

February 26, 2015 by Howard Slusky Leave a Comment

 

Workers compensation is a type of insurance that pays medical benefits and and wage replacements to employees who have been injured on the job. Before this benefit program, employees were forced to sue their employer and prove that the employer was at fault for the injury. This was extremely hard for employees to prove and also took much longer to receive benefits if any at all. With the workers compensation program, it is much easier to receive the benefits needed because it does not matter who was at fault as long as the injury or illness is directly related to the job itself.

In Michigan, anyone who is injured or ill is able to receive wage replacement, rehab, and medical benefits. All medical expenses are typically covered and the wage replacement is usually about 80% of the employee’s average weekly wage. Death benefits are also available for those who have fatal injuries, illnesses or permanent disabilities. In order to apply you need to simply report the injury to your employer which is then reported to the state compensation agency. After that you wait for approval or denial. If denied you can appeal it. In order to really know what your case is worth, it is important to have and experienced personal injury attorney to help protect you and guide you through the process. Be sure to make sure that you are covered underneath the company you work for to keep yourself protected in the future.

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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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8 a.m.-5 p.m.
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Slusky & Walt

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1-800-ABE-HELPS

1-800-223-4357

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