SOCIAL SECURITY DISABILITY LAW BLOG

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October 29, 2010

Non-medical eligibility requirements for Michigan Social Security disability insurance benefits

In order to qualify for Michigan Social Security Disability Insurance (SSDI) benefits, you must have: (1) worked long enough (i.e., paid Social Security taxes long enough) to be “fully insured”; and (2) worked recently enough (i.e., paid Social Security taxes recently enough) to have achieved “disability insured status.” In this way, the SSDI program operates like a private disability insurance policy. The Social Security taxes that are deducted from your paycheck are analogous to the premiums you pay on a private disability insurance policy. If you stop working and, therefore, stop paying Social Security taxes, your insured status will lapse, just as it would if you stopped making the premium payments on a private Michigan disability insurance policy.

Determining your eligibility based on quarters of coverage
The Social Security Administration requires you to have a minimum number of “quarters of coverage” (“QC”) in order to be insured.  As a general rule, in order to be “fully insured,” you must have one QC for every calendar year after the year in which you turned 21, up to the calendar year before you become disabled; however, you are never required to have more than 40 QCs. Under the umbrella of this general rule, different rules for determining your insured status apply, depending on the age you become disabled. If, for example, you are over 31 years old, you must have 20 quarters of coverage out of the 40 calendar quarters before you become disabled. This is referred to as the 20/40 rule. If you have done significant work in five years out of the last 10, it is likely you will meet this requirement. A reduced QC requirement applies if you become disabled before age 31; still a different requirement applies if you become disabled before age 24. To receive any Social Security disability benefits, you will have to prove that you became disabled before your “date last insured.” For most people with a steady work record, insured status lapses approximately five years after they stop working.

As you can tell from this brief overview, the non-medical eligibility requirements for SSDI benefits are technical and complicated. If your application for Michigan Social Security disability benefits was denied based on your “insured status,” I can help you determine if the denial was in error and, if so, what steps to take next. Please contact me if you would like me to review your case.

SOCIAL SECURITY DISABILITY LAW BLOG

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October 15, 2010

How does Social Security evaluate the medical evidence in my Michigan disability case?

Filed under: Blog, Medical evidence — admin @ 12:03 am

Medical evidence lies at the heart of every Michigan Social Security disability determination. Medical evidence may come from “acceptable” medical sources or “other” medical sources.

The Social Security regulations define “acceptable” medical sources to include licensed physicians (medical or osteopathic doctors), licensed or certified psychologists, licensed optometrists, and qualified speech-language pathologists. “Other” medical sources include naturopaths, chiropractors, and audiologists. The Social Security Administration places special emphasis on medical evidence from healthcare providers who have treated or evaluated you on an ongoing basis because these individuals are in the best position to provide a detailed, long-term view of your impairment. Treating sources can provide a fuller picture of your impairment than can a doctor who may have examined you only once, or a hospital or clinic where you stayed for only a short time.

In making its disability determination, the Social Security Administration first looks to the acceptable medical sources for proof of the existence of your impairment. Once the fact of your impairment is proven by an “acceptable” medical source, the Social Security Administration will consider the medical evidence from other sources in evaluating the severity of your impairment and its impact on your ability to work.

If you would like to talk with a Detroit disability lawyer about the available medical evidence in your Michigan Social Security disability case, please complete the Free Claim Evaluation form on this page or contact me directly.