SOCIAL SECURITY DISABILITY LAW BLOG

 Subscribe to my RSS feed


August 31, 2010

How does my prior work experience affect my Michigan disability benefits claim?

Filed under: Blog, Disability determination, Work experience — admin @ 4:48 pm

In a previous post (August 5, 2010), I discussed the sequential evaluation process the Social Security Administration uses to determine if you are eligible for Michigan disability benefits. Step 4 of that process requires proof that you are unable to do work you have done previously. The Social Security Administration calls this “past relevant work,” and defines that phrase to mean any job that you performed within the past 15 years that was substantial gainful activity, and that you held long enough to develop the skills needed for average performance.

How does this definition apply in the real world? First, you will need to identify the easiest job you have held in the past 15 years. This may be a full-time or a part-time job, or even a job that no longer exists in the economy, but it must have been “substantial” work (that is, it must have involved “significant physical or mental activities”). Determine your start-date and end-date. The dates are important because if you did not work at this job long enough to learn the basic skills, then it may not qualify as “past relevant work.” Determine how much you earned on this easiest job. If you did not earn a minimum amount, as established by the Social Security Administration, then this job will not count as “past relevant work.”

If, considering all these factors – the nature of the work, the timing and duration of the work, and the compensation – your easiest job qualifies as “past relevant work,” and you are still able to do that job, despite the limitations caused by your impairment, then you will not get past Step 4 of the sequential evaluation process, and your claim for Michigan Social Security disability benefits will be denied.

Proving your inability to perform “past relevant work” can be challenging. If you would like to talk with a Detroit Social Security disability lawyer about your prior work experience and how it might affect your Michigan disability case, please complete claim evaluation form to your right or contact me directly. 

 

SOCIAL SECURITY DISABILITY LAW BLOG

 Subscribe to my RSS feed


August 19, 2010

Practical advice for moving your claim through the Michigan Social Security disability appeals process

Filed under: Blog — admin @ 1:58 pm

Consider these five simple steps you can take to help move your claim through the Michigan Social Security disability appeals process:

1.  Get organized.

Before you can be awarded Michigan Social Security disability benefits, you must complete the required paperwork and produce a substantial amount of supporting documentation, including your medical records, records from your past employers, and other evidence of your disability. All of this paper can quickly overwhelm you. As soon as possible, figure out an organizational system that makes sense to you, and stick with it.

2.  Keep your records current.

The Michigan Social Security disability appeals process is a marathon, not a sprint, and you will need to reference your records throughout this process. Update your records regularly.

3.  Monitor your symptoms.

The Social Security Administration wants to know how your symptoms – e.g., pain or shortness of breath – impact your daily activities. Keep track of your symptoms with a symptom diary.

4.  File a timely appeal.

Nationally, and in Michigan, disability benefits applications are denied about 65% of the time. You have just 65 days from the date of your denial letter to file your appeal. If you miss this deadline, you will have to start the Michigan disability benefits process over again, from the beginning, and may lose back benefits.

5.  Expect that you will have to testify at a hearing, and plan ahead.

Most applicants are awarded Michigan Social Security disability benefits only after filing two appeals (a request for reconsideration and a request for hearing) and testifying at a hearing. Educate yourself about the hearing process. Think about how your impairment limits your daily activities. Make a list of things you can no longer do because of your disability; things you can only do with assistance; and witnesses who can testify on your behalf.

If you would like more practical advice on appealing a denial of your claim for Michigan Social Security disability benefits, please complete the claim evaluation form to your right or contact me directly.

SOCIAL SECURITY DISABILITY LAW BLOG

 Subscribe to my RSS feed


August 5, 2010

What factors does the Social Security Administration consider in determining whether to award Michigan disability benefits?

Filed under: Blog, Disability determination — admin @ 6:37 pm

The Social Security Administration considers the following five factors in determining whether an applicant for Michigan disability benefits is “disabled,” as that term is defined by the Social Security regulations. This is called the “sequential evaluation process” because each of these factors is considered in order, and the wrong answer to any question stops the analysis at that point and results in a finding of “not disabled.”

  1. Are you working? If you are engaged in “substantial gainful employment,” then you are not disabled. If you are not working, then the Social Security Administration will consider your medical condition.
  2. Is your impairment “severe”? A “severe” impairment significantly limits or precludes your ability work, and is expected to last for at least 12 months or result in death. If your impairment is severe, then the Social Security Administration will consider the nature of your impairment, in step 3.
  3. Is your impairment described in the Social Security “Listing of Impairments”? The Listing describes medical conditions that the Social Security Administration deems to be so severe that applicants with a Listing impairment (or the medical equivalent of a Listing impairment) are considered disabled by law. If your impairment does not “meet or medically equal” a Listing impairment, the Social Security Administration will consider non-medical factors in steps 4 and 5.
  4. Are you able to do work you have done previously (in the past 15 years)? If you answer “yes” to this question, then you are not disabled. If you answer “no,” then the Social Security Administration will consider step 5.
  5. Are you capable of performing any other type of work? Here, the Social Security decision-maker will consider your age, education, work experience, and skills, as well as your medical condition. If you cannot do other work that is available in Michigan or in significant numbers nationally, then you are disabled.

If your application for Michigan Social Security disability benefits has been denied, an experienced Michigan disability lawyer can help you determine where along this 5-step continuum your claim failed and how you might be able to remedy this on appeal. Please contact me if you would like my input on your claim.