First, seek the appropriate medical attention for your disability and continue to obtain medical attention, even if you think it might not be helping you. Many people with long-term medical conditions start to feel that their medical treatment is not helping them, and they stop treatment. Do not make this mistake. If you have a chronic medical condition, you need medical attention to maintain your health. Moreover, medical treatment and the records detailing that treatment will play a critical role in Social Security’s decision to grant or deny you benefits.

Second, file an appeal if your initial application for benefits is denied. Statistically, Social Security denies most initial applications and requests for reconsideration. However, more than half of all applicants who appeal their claim to a hearing before an administrative law judge are awarded benefits. Don’t let a denial letter be the end of your claim.

Third, enlist the help of a knowledgeable Detroit disability lawyer. A lawyer can help you gather relevant evidence and can make a legal argument to the judge, explaining why the facts of your case support an award of benefits. If you choose to, you may go through the entire application and appeals process on your own. Your chances of success will be greatly improved, however, if you let an experienced Detroit disability lawyer guide the way.

Critical to winning your physical disability claim is verifying the extent of your impairment. You can help your chances greatly by clearly and completely describing your symptoms. Generally you will need to describe the pain in detail, including how it has been treated and what restrictions have resulted.

In describing specifically the pain you experience, it is important to indicate its origin and location. You also need to explain in detail the nature of your pain, i.e. whether it is tender to the touch; how often it comes and how long it lasts; what seems to bring on the pain or exacerbate it; whether you experience muscle spasms; and if there is numbness. You also need to indicate whether the pain travels to other parts of the body, and if so, how often this occurs. The severity of the pain and whether it is constant are also important. Finally, you need to explain whether there are other symptoms associated with the pain.

Detail the treatment you have received. Include what kinds of doctors have seen you, how often, and whether their treatments have helped. Indicate any medications that have been prescribed to you, and their efficacy. Include a description of any side effects you have experienced with these medicines, e.g., drowsiness, dizziness, problems with concentration, discomfort, nausea, or effects on your reflexes.

You likely also have sought out other ways to treat your pain besides traditional doctors, and it is important to list these in your case. These treatments may range from home remedies (hot baths, ointments, heating pads, etc.) to acupuncture and massage therapy.

Finally, you need to explain how the pain has impaired your daily life. Include how your sleep habits may have diminished, whether you have depression, anxiety, or difficulty with concentration. Specify whether you are using assistive devices such as a cane, walker, brace, or special chair. How has the pain affected your ability to work?

I have extensive experience as a Detroit disability lawyer, helping individuals establish the debilitating nature of their pain. Please contact me if you would like to talk about your case.

The SSA may deny your benefits based on the duration requirement if 12 months has not yet passed at the time of the decision and the impairment is a type that is probably going to improve within 12 months. For those types of impairments where it’s unclear whether they will improve before the 12-month duration requirement is met, sometimes a SSA decision-maker will delay a decision to see if the impairment persists. Because the SSA administrative procedure is often slow, the 12 months have usually passed by the time you actually attend a hearing, thus allowing the judge to make an accurate determination.

If you meet the 12-month duration requirement, and then your condition improves to the point that you can return to work, you may ask for a determination of a closed period of disability so that you can receive benefits for that 12-month period.

For advice about your particular situation, contact Detroit disability attorney Marc Shefman.

I advise my Detroit disability clients to be prepared to answer questions similar to the following:

Q:        Tell me all the significant jobs you’ve held in the past 15 years. For each job:

Q:        Describe your job duties.

Q:        How much weight were you required to lift on the job?

Q:        How many hours each workday did you spend sitting, standing and walking?

Q:       Did you have any difficulties performing your duties in any past job because of your health? Tell me about that.

Q:        Why did you leave each of your former jobs?

Q:        Describe your job skills. [Caution: It is very easy to exaggerate in response to this question and to “puff up your resume,” so to speak. Avoid that common pitfall. Describe your skills accurately and honestly.]

Q:        How long do you think it would take an average person to learn to do each of your previous jobs? [If the judge asks this question, he is trying to get a sense of the degree of skill involved in a particular job.]

Q:        What is the highest grade you completed in school?

Q:        Did you receive any training in the military?

Q:        Have you had any formal vocational training or on-the-job training? [Note: If you have recently completed schooling or training that might qualify you for a skilled job, this is an important piece of information. Make sure your Detroit disability lawyer is aware of this fact.]

If you would like to talk about your upcoming hearing, and you are not currently represented by a Detroit disability attorney, please contact me.

1. Don’t argue your case or decide your case for the judge. Your role at the hearing is that of witness. Your job is to describe the facts of your situation – your physical and/or mental condition, and the effects of that condition on your day-to-day life. It is not your job to argue the case or draw legal conclusions from the evidence. Thus, you should try to avoid saying things like, “I worked all my life . . . .” or “There is no way I can do any kind of work with my condition.”

2. Don’t bring up other people or other cases. Though it may be tempting to compare your case to the disability case of a family member or a friend or some other third-party, don’t do it. Other cases are wholly irrelevant to your case. Talking about them simply wastes valuable hearing time. Thus, try to avoid saying things like, “I know this woman who has nothing wrong with her, but she gets disability benefits,” or “I know lots of people who are way less disabled than I am who get disability benefits.”

3. Don’t try to win the judge’s sympathy. Social Security disability judges have seen and heard it all. Manufactured tears and other histrionics won’t work. Moreover, the judge’s job is to apply the facts of your case to the law, and the law is only concerned with your ability to work. Everything else – your dire financial situation; the fact that your car was repossessed or that you were evicted – is irrelevant to the disability determination.

If you are not currently represented by a Detroit disability attorney, please contact me if you would like to talk about your upcoming hearing or another aspect of your disability case. 

• The nature of the treatment relationship between you and your doctor.
• The number of times you have treated with the doctor.
• The nature of your treatment, including the types of tests performed and ordered by the doctor and the types of examinations he or she performed.
• Whether the doctor is able to present a detailed, long-term picture of your impairment.
• The doctor’s specialty.
• The quality of the doctor’s opinion. In general, the more information your doctor provides in support of his opinion that you are disabled, the more weight his opinion will be given. By contrast, a plain, unsupported statement of disability (e.g., “It is my opinion that the patient is disabled.”) will be given little weight, if any. 
• Whether and to what extent the doctor’s opinion is supported by medically acceptable clinical and laboratory diagnostic techniques.
• Whether and to what extent the doctor’s opinion is consistent with the other evidence in your case.

Given the importance of medical opinion evidence to the success of your Social Security disability claim, you may want to speak with an experienced Detroit disability lawyer about this aspect of your case. If you are not currently represented by a Detroit disability lawyer, please use the Free Case Evaluation form on this page to tell me about your situation, or call or email me directly.

Before June 2011, the Social Security Administration evaluated a claim for disability benefits based on diabetes according to three separate listings: neuropathy, ketoacidosis, and retinitis proliferans (Listings 9.08A, 9.08B, and  9.08C, respectively). Post-June 2011, there is no longer a separate Listing for diabetes. Rather, the Social Security Administration will evaluate a claim for disability benefits according to the listing for the body system impacted by the claimant’s diabetes. So, for example, a claim will be evaluated under the mental disorders listing (Listing 12.00) if the claimant’s diabetes has caused diminished cognitive functioning; similarly, a claim will be evaluated under the cardiovascular listing (Listing 4.00) if the claimant’s diabetes has caused heart-related medical issues.

If you have diabetes, and your claim for disability benefits was denied, I can help with your appeal. If you are not currently represented by a Detroit disability lawyer, contact me for a free consultation. I would be happy to talk with you about the Listings and other possible grounds on which you might qualify for benefits.

If you are receiving SSI, the first $65 you earn working part-time is all yours. After that first $65 (or $85 if you have no other income), your disability benefits will be reduced by $1 for every $2 you earn. Thus, it is possible to earn so much in part-time wages that your SSI benefits cease entirely. After a year of receiving no benefits, you will have to file a new application for benefits with the Social Security Administration. If, however, the disruption in your SSI benefits due to your earnings lasts for less than one year, then the Social Security Administration will simply restart your benefits if your earnings go down.

If you are receiving SSDI, then you may earn part-time wages up to the “substantial gainful activity” amount, without any disruption or reduction in your benefits. The Social Security Administration establishes the “substantial gainful activity amount.” In 2010, for example, it was $1,000 per month in gross income. This amount is an absolute cut-off. If you earn even $1 more than the limit, your benefits will cease after you have used up your 9-month trial work period. As a practical matter, I suggest you keep your earnings well below the substantial gainful activity amount, so that you can continue to receive your full Social Security disability benefits while you work part-time.

If you have questions about part-time work, and you would like to speak to an experienced Detroit disability lawyer, please contact me.

1. The opinion comes from an “aceptable medical source.” Social Security recognizes the following medical professionals as “acceptable medical sources”: physicians (medical or osteopathic doctors); psychologists; podiatrists; optometrists; and qualified speech-language pathologists. 
2. The opinion comes from a treating source. The opinion of your treating doctor may be given controlling weight; the opinion of a doctor you saw just once or twice, for the purpose of obtaining a report to support your Social Security disability claim, will not.
3. The opinion is well supported by medically acceptable diagnostic techniques.

If you present medical opinion evidence that meets these criteria, then that opinion evidence will be given controlling weight. If you present medical opinion evidence that does not meet these criteria, Social Security will take the doctor’s opinion into account, but will give it less weight

Eligibility: In order to be eligible to receive Social Security disability benefits, you must demonstrate that you have a severe physical or mental condition that has lasted for 12 months, or is expected to last that long or to result in your death; your condition must be so severe that it prevents you from doing work you have done previously or any other type of work. To be eligible for workers’ compensation, you must have been injured in the course of your employment; it does not matter whether you are partially or totally disabled, or whether you are dealing with a short-term or a long-term disability, so long as the injury occurred on the job.

Offset: You may apply for and receive Social Security disability benefits while you are receiving workers’ compensation benefits. However, your Social Security disability benefits may be reduced accordingly. In general, the total combined monthly amount of your workers’ compensation benefits and Social Security disability benefits cannot exceed 80% of your average current earnings before you became disabled.