At some point in your life you may suddenly find yourself unable to work because of a disability. The sudden, unexpected inability to provide for you and your family may be frightening. Fortunately, help may be available through the Social Security Disability Insurance, or SSDI, program. Administered by the Social Security Administration, or SSA, the SSDI program is a federally funded program that pays benefits to people who are unable to work because of a medical condition that is expected to last at least one year or that is expected to result in death; however, there are certain basic criteria that must be met to qualify for SSDI. Determining your eligibility for benefits begins with filling out the SSDI application.

Applying for SSDI benefits can be a lengthy and complicated process, requiring much supporting medical evidence and paperwork. Time for a decision may take up to 5 months. Many applicants choose to work with an experienced SSDI attorney to increase the odds of being approved without the need to appeal. To begin you must meet earning requirements. There is a “recent work” test, which calculates the amount you earned in relation to the time of your diagnosis and a “duration of work” test, which calculates how long you have contributed to Social Security through employment. If these criteria are met, the remainder of the decision is based on your medical condition. In addition to the basic application for disability benefits, there are other forms you will need to fill out. One form collects information about your medical condition and how it affects your ability to work while others provide doctors, hospitals and other health care professionals who have treated you permission to send information to the SSA to help evaluate your application.

Once your application has been filed, it will be reviewed to determine if you have met the basic income requirements. Then it will be forwarded to the Disability Determination Services office in your state. This agency is the one that determines your disability based on information from agency doctors and disability specialists and reports back to the SSA. Information that may be collected from your doctors includes:

• What your medical condition is;
• When your medical condition began;
• How your medical condition limits your activities;
• What the medical tests have shown; and
• What treatment you have received.

It is important to note that the agency, not your doctors, decides who is disabled. According to the SSA, the decision is based on 5 questions:

1. Are you working?

If you earn more than you would receive in SSDI benefits, then you are not eligible. If not, then your medical condition is considered.

2. Is your medical condition severe?

Your condition must significantly limit your ability to do basic work activities—such as walking, sitting and remembering—for at least one year, and/or will result in death.

3. Is your medical condition on the list of impairments?

If the severity of your medical condition meets or equals that of a listed impairment, which is a list of severe conditions per law, the state agency will decide that you are disabled. If not then step 4 is considered.

4. Can you do the work you did before?

If yes, your benefits are denied. If no, then step 5 is considered.

5. Can you do any other type of work?

The agency evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you are able to work, you are not disabled; if you cannot work, you are disabled.

Once all of the information is considered, a decision will be made. A letter will be sent to you stating your application was denied and explaining why, or an approval along with a benefit summary. If you feel the agency should not have denied your application you have a right to appeal the denial. Because the application and appeals process is complicated, the assistance of an experienced Michigan Social Security benefits attorney can be invaluable when navigating the system.

Throughout your working years you pay into the Social Security system. When you retire you should be able to benefit from the funds you have paid into the system for all those years. If, however, you become disabled prior to retirement age, you may also be entitled to benefits from the Social Security Administration, or SSA. In fact, your spouse and children may also qualify for benefits based on your approval.

Disability can strike anyone at any time. A catastrophic car or workplace accident, a serious illness, or a debilitating disease could render you disabled long before the age at which you planned to retire. If you have minor children, the sudden inability to work will impact not just you, but also your children and your ability to support them. Fortunately, in the United States there are federal programs that may be able to help. Both the Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) programs provide financial benefits to eligible individuals facing a disability that prevents them from working.

Both the SSI and the SSDI program require you to meet the SSA’s definition of disabled, meaning your disability must have already lasted more than a year or must be expected to last a year or longer or result in death. The SSI program then looks at your income and assets. If you do not exceed the income and asset limits, and meet all other program guidelines, you will qualify for benefits at a set monthly rate.

The SSDI program, on the other hand, is not concerned with income and asset limits but with your prior work history. You must have earned enough “work credits” over the course of your life to qualify for SSDI benefits. If you qualify, the amount of your monthly benefit will be determined, in part, by how much you have paid into the SSA.

If you are approved for SSI your children will not receive anything additional; however, if you are approved for SSDI benefits, your dependent children may also qualify for monthly benefits based on your eligibility. To qualify, the child must be unmarried and be:

• Your child or grandchild
• Your biological, adopted, or step-child
• under age 18 OR
• 18-19 years old and a full-time student (no higher than grade 12) OR
• 18 or older and have a disability that started before age 22.

The amount of a dependent child’s monthly benefit is calculated as a portion of your benefit.

If you believe you and your children are entitled to SSDI benefits, contact an experienced Michigan disability benefits attorney right away to get your application started.