If you are filing for disability benefits from the Social Security Administration (SSA), then you may want to first schedule a consultation with your disability lawyers in Michigan. Your disability lawyers in Michigan will have the knowledge and experience in dealing with disability matters to help you with your case. When filing for disability benefits, you may be wondering what disabilities are covered by the SSA. The following information from your disability lawyers in Michigan addresses that issue in detail. If you find that you further questions, schedule a consultation with your disability lawyers in Michigan today.
What Disabilities Are Covered
As your disability lawyers in Michigan will tell you, there are many different types of conditions and injuries that could lead to you becoming disabled. Some conditions such as heart failure, late-stages of cancer, and kidney failure are all obvious ones that will leave you unable to work. There are some other conditions, however, that are less than obvious. Those conditions can include chronic illnesses that become worse as you age. For example, you suffered from a back injury at work many years ago that continuously got worse throughout the years to the point where working has become nearly or totally impossible. You may be entitled to receive disability benefits for these injuries, even though the original injury did not leave you disabled. Social Security is a government agency that has rules and regulations that apply when you are applying to receive benefits for a disability. In order to qualify for benefits from the SSA, you will need to meet all three of the following requirements:
- Your injury or condition prevents you from being able to be gainfully employed
- Your disability is expected to last more than 12 months, or end in your death
- You are either mentally or physically impaired
While these terms apply to every applicant in order to qualify for disability, they can still be open to interpretation. Proving that someone is disabled is not always an easy thing to do. These guidelines are in place to help make that determination. It would be best to discuss your condition with your doctor and see if they think that you would qualify for disability benefits.
One of the things that the SSA will first do when you apply for disability benefits is to consider the disability you are claiming and if it prevents you from doing the job you last had, or any previous employment. If it is found that your condition does not allow you to work your usual job, then the SSA will check to see if you are able to perform any other work that is considered to be substantial gainful work. Any work that is considered to be substantial gainful employment is any job where you are being paid at least $1,090 a month, or more. Also taken into consideration will be your age, training, education, and work history, as well as your ability to learn a new job. The SSA will take a look into the jobs in your area and if you would be qualified to work any of them. If you are able to prove that there are no positions in your area that you would qualify for because of your condition, age, training, education, and work history, then it is likely that you will be approved for disability benefits.
A Lasting Disability
It does not matter how serious your injury or condition is if it is not a lasting one. You will not qualify for disability benefits if your condition has lasted, or is expected to last, for a duration of 12 months or more. During this time you should not have been able to be substantially gainfully employed. If your condition that is leaving you disabled is expected to last 12 months or more, you do not need to wait the 12 months before you apply to the SSA for disability benefits. As soon as your doctor predicts that your disabling condition will last more than 12 months, you may qualify to receive disability benefits. If you begin to receive disability benefits but your condition ends up not lasting up to 12 months, you will not be asked to pay back the benefits that you received. However it is likely that your disability benefits will be terminated after a review.
Mental or Physical Impairment
One of the most basic qualifiers to receive disability benefits is that you must be mentally or physically impaired to be eligible. Your condition must be a medical one, and it must prevent you from being able to work. In order to prove that you have an impairment that would qualify for disability benefits, you will need to provide your medical records to the SSA. Your medical records should provide the details of your impairment, as well as any statements from medical professionals that have treated you for that condition.
Deciding You Have a Disability
There is a five step process that the SSA uses to determine if you are disabled and if so, do you qualify for disability benefits. The following questions are part of the step-by-step process that the SSA uses:
- Are you currently working? If yes, and you make $1,090 a month or more, then you will not qualify for benefits.
- Is your condition considered to be severe? Your condition must be severe enough that it does not allow you to work.
- Is your condition found in the SSA’s list of disabling conditions? If your condition is not found on the SSA’s list of conditions, then they will need to determine if your condition is equal to one that is listed.
- Are you able to do the work that you used to do? If your condition does not interfere and you are able to do the work you used to do, your claim for benefits will be denied.
- Are you able to do any other type of work? The SSA will check to see if your condition would allow you to do a less demanding job than your previous work. If you are unable to do another job based on your age, experience, or condition, then it is likely that you will be approved for disability benefits. However, if it is found that you would be able to transition into another job, then your benefits will be denied.
The amount of money that you receive in disability benefits and retirement benefits from the SSA depends on how many years you worked as well as the average income for those years. Your disability earnings could impact your average income, and therefore impact your retirement. The SSA offers a disability freeze that would place a freeze on your income records as to not impact your lifetime average earnings. Speak to your disability lawyer to learn more about a disability freeze.
Contact Our Disability Lawyers in Michigan
When going through a disability claim, you want an experienced and skilled lawyer by your side. Your disability lawyers in Michigan have the know-how and can help you with your claim. Contact your disability lawyers in Michigan from Marc J. Shefman at (248) 298-3003. The Office of Marc J. Shefman has the disability lawyers in Michigan who will help you fight for what you deserve in your disability case. Call today for your consultation with the professionals.