If you have been denied SSD and/or SSI disability benefits, you are not alone. Nearly 75% of all initial applications are denied. If you have been denied, you only have 60 days from the date of the denial to appeal your claim and request Reconsideration of your denial or a hearing before an Administrative Law Judge. Every day you put off filing your appeal is one more day you are going without benefits. It can take up to 12 months to have a hearing before an Administrative Law Judge after you file your appeal and cases are scheduled for hearing in the order they are received. DO NOT DELAY in contacting us. We want to get your appeal filed and begin working on your case right away!
Social Security Disability Insurance (SSD) is, in fact, an insurance policy. As you work, you pay your "premium" through the FICA taxes deducted from each paycheck. As you pay your premium and earn quarters of coverage, you become insured for disability benefits. Essentially, you must work 5 of the last 10 years to be insured. Once you stop working, you are insured for five years after you stop paying into the system. To be eligible for SSD, you cannot be working earning substantial gainful activity ($1,260/month for 2020) and your disability must begin while you are insured or before your insurance has lapsed (5 years after you have stopped working).
The amount of Social Security benefits you can expect to receive depends on your earnings history. It could be anywhere from a few hundred to several thousand dollars per month. Medicare attaches to SSD benefits two years after your entitlement date. Medicaid attaches to SSI benefits the month after your entitlement date.
Almost certainly, yes. If you do, it is advisable to hire a Social Security lawyer. In our experience, many rejected claims are later approved on appeal or after a hearing before an Administrative Law Judge because of the assistance of any attorney.
A successful application could take around 12-15 months to process, depending on your case. Applications which require a hearing before an Administrative Law Judge take longer to process.
It will cost you nothing until we are successful in winning your case. The amount an attorney may charge in a Social Security Disability claim is fixed by law: 25% of your back-benefits or $6,000, whichever is less. An attorney may not charge a fee in a Social Security claim unless it is approved by the Social Security Administration.
Generally you should expect to receive your monthly benefit checks within 60-90 days of being awarded benefits.
We are disability attorneys that represent clients in need of: social security disability, social security supplemental insurance, social security benefits for children and veteran's service-connected disability in Petoskey, Harbor Springs, Boyne City, Boyne Falls, Alanson, Indian River, Pellston, Mackinaw City, Cheboygan, Alpena, Gaylord, Charlevoix, East Jordan, Elk Rapids, Mancelona, Kalkaska, Traverse City, Johannesburg, Lewiston, Atlanta, Sault Ste. Marie, St. Ignace, Bellaire, Central Lake, Northern Michigan, Northwest Michigan, Northeast Michigan and the Eastern U.P.
SSI is a needs-based program. It has the same medical requirements as SSD but it is not based on your work history. The benefit amount is fixed; everyone gets the same benefit amount although some may receive less depending on certain criteria such as living accommodations. To be entitled, an individual must first meet certain financial eligibility requirements.