SOCIAL SECURITY DISABILITY LAW BLOG
September 30, 2010
Am I disqualified from receiving Michigan Social Security disability benefits if I am receiving unemployment benefits?
There is no law prohibiting a person from receiving Michigan Social Security disability benefits and unemployment compensation for the same time period; however, these cases are difficult because of the inherent conflict in the requirements for both programs. Specifically, to qualify for Michigan Social Security disability benefits, you must have a severe impairment that renders you unable to work; to qualify for unemployment benefits, on the other hand, you must be able to work, and ready and willing to do so. If unemployment compensation is an issue in your Michigan Social Security disability case, then you and your disability attorney should consider (1) the views of the administrative law judge who will be presiding over your Michigan disability benefits hearing, and (2) your alleged “onset” date.
Views of the hearing judge
Some Michigan disability hearing judges will be open to an argument that there is no actual conflict arising out of your receipt of unemployment benefits. For example, if the facts of your case warrant it, you may be able to persuade the judge that, even though you were willing to work and would have attempted to work during the time you were receiving unemployment, in retrospect it is clear that you would not have been able to sustain work. Most administrative law judges, however, will view your receipt of both Michigan disability benefits and unemployment compensation as evidence of double-dipping and proof that you are, in fact, able to work. To persuade these judges that you are rightfully entitled to Michigan disability benefits, you will need additional evidence. Consider your “onset” date.
Onset date
Your “onset date” is the date you became disabled. Make sure that the onset date alleged in your initial application for Michigan disability benefits is accurate. Did you choose this date after giving careful thought to your medical condition, or did an employee of the Michigan Social Security office, in the process of helping you fill out your paperwork, simply suggest using your last date of work? Discuss with your Michigan disability attorney your claimed onset date, the circumstances leading up to your request for unemployment benefits, and your present work limitations. If a later onset date applies, your Michigan Social Security disability attorney can help you amend your initial application. This change, by itself, may be enough to remove any suggestion of a conflict between your application for Michigan disability benefits and your receipt of unemployment benefits.
SOCIAL SECURITY DISABILITY LAW BLOG
September 14, 2010
Your denial letter is an important piece of the puzzle in your Michigan Social Security disability case
If your Michigan Social Security disability claim was denied and you are considering an appeal, be sure to bring your denial letter (or letters) to your initial interview with any prospective disability attorney. An experienced Michigan Social Security disability lawyer can use your denial letter as a first step in determining why your claim was denied, whether the denial was in error, and how best to address that error on appeal.
For example, if your denial letter says you can “engage in normal activities,” this means your claim was denied at Step 2 of the sequential evaluation process, based on a non-severe impairment. This finding probably reflects a deficiency in the medical evidence. In that case, it will be your Michigan disability attorney’s job to complete the record. If your denial letter says you are capable of doing a former job (i.e., past relevant work), this is a denial at Step 4 of the sequential evaluation process. Even if the letter does not state which former job you are able to perform, you and your lawyer may be able to figure that out by talking about your easiest job. Similarly, if your denial letter concedes that you cannot do any former job, but says that you can engage in “lighter work,” a knowledgeable Michigan disability attorney can explain the Social Security definitions of “sedentary work” and “light work,” and discuss with you possible reasons you are not able to do that type of work. Your Michigan disability lawyer can then set about gathering information to corroborate this.
If you live in the Detroit metropolitan area and are considering appealing a denial of your Michigan Social Security disability claim, please contact my office. We can schedule a time to meet to review your denial letter and discuss your case.
