Are You Eligible for Social Security Disability in Michigan?
November 27, 2018
Are you considering applying for Social Security Disability benefits?
Has your initial application for benefits been denied?
How do you determine what types of benefits you are eligible to receive?
The Social Security Administration (SSA) provides needed benefits to disabled workers and their families. While many people depend on these benefits to survive, navigating the system in order to obtain these much-needed benefits can be overwhelming and confusing.
First, it is important to understand the SSA’s definition of disability.
A person is considered disabled if:
– They cannot do the type of work they were able to do before.
– They cannot transition to other work because of the disability or medical condition.
– The disability has lasted or is expected to last for at least one year, or to result in death.
Social Security Disability benefits are only paid in cases of total disability. No benefits are payable for partial or short-term disability.
Types of Social Security Disability Benefits
Social Security Disability (SSD) benefits (also known as Social Security Disability Insurance (SSDI) and Retirement, Survivors and Disability Insurance (RSDI) are designed for workers who have a long-term disabling injury or illness. There are several criteria an individual must meet to qualify for these benefits.
Supplemental Security Income benefits (SSI) are need-based programs for disabled children and adults with limited income. Like SSD, these benefits are only approved when specific requirements are met.
Special Situations for Social Security Disability Recipients
While most recipients of disability benefits are workers who meet the SSA’s requirements regarding employment history and disability, there are certain circumstances that have their own rules and regulations.
Here are some of those situations:
- People who are blind or have low vision
The SSA considers a person legally blind if their vision cannot be corrected to better than 20/200 in their better eye, or if their visual field is 20 degrees or less, even with a corrective lens. Those who do not meet this legal definition of blindness may still qualify for disability benefits if their vision problems, either alone or combined with other health problems, prevent them from working.
- Disabled widows or widowers
If a worker dies, their widow, widower or surviving divorced spouse with a disability may be eligible to receive benefits providing certain conditions are met. One such condition is that the onset of the survivor’s disability must be before or within seven years of the worker’s death.
- Disabled children
An adult who became disabled before age 22 may be eligible for child’s benefits if a parent is deceased or starts receiving retirement or disability benefits. This type of benefit is based on the parent’s Social Security earnings record. Adult children who receive their own SSI or disability benefits may be eligible to receive a greater amount, including possible entitlement to Medicare, based on a parent’s earnings record.
- Wounded warriors and veterans
Disabled veterans and those who were injured during military service may be eligible for expedited processing of Social Security benefits. Both the SSA and the Veterans Administration (VA) pay disability benefits; however, they have separate and different programs, processes, and eligibility criteria.
- Compassionate allowances conditions
People with certain serious conditions, such as some kinds of cancers, adult brain disorders, and other rare illnesses are able to have their applications for Social Security Disability benefits expedited through the Compassionate Allowances program. The SSA maintains a list of eligible conditions on its website.
“The laws governing Social Security Disability benefits are incredibly complex, with many rules and exceptions, and it is often the case that legally eligible people are denied for no apparent reason,” said Mark Bernstein of The Sam Bernstein Law Firm. “Our experienced Social Security lawyers understand the system and will help you receive the benefits you and your family deserve.”
Social Security Disability law is complicated, but finding the right attorney is simple. We have helped thousands of clients and their families receive needed benefits. If you are applying for Social Security Disability benefits for the first time, or if your initial claim has been denied, call us immediately.
Call 1-800-CALL-SAM today for a free no-obligation consultation.