Tuesday, May 27, 2008

FAQ's about Social Security Disability and Answers from Michigan Social Security Lawyers

Question: I filed for Social Security Disability benefits and the Social Security Administration denied my claim. What do I do now?
Answer: It is not uncommon for the Social Security Administration to deny an initial application for benefits. If you get denied, you need to act immediately. You only have 65 days from the date stamped on the Social Security Administration’s letter denying your application to file an appeal and preserve your Social Security Disability claim.

Question: If the Social Security Administration approves my application for Social Security Disability benefits, what will I get?
Answer: Social Security Disability benefits may include Medicare health care insurance, individual benefits, and family benefits. Your monthly financial benefits will be based on the formula in the Social Security Act, as well as the amount that the federal government counts as your Social Security earnings from employment before you became disabled.

Question: How do I know if I am disabled for purposes of receiving Social Security Disability benefits?
Answer: According to the Social Security law, an eligible "disability" means the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death.” If you are not sure if you qualify, you should check with both your family doctor and our Michigan Social Security lawyers about a potential claim for Social Security Disability benefits.

Question: I have not worked in recent years. Could I still qualify for Social Security Disability benefits?
Answer: The Social Security Administration requires a specific amount of Social Security earnings, or “work credits,” to qualify for Social Security Disability benefits. As a general rule, if you worked for 5 out of the last 10 years, you probably have enough “work credits.” You certainly should contact the Social Security Administration or consult with an experienced Michigan Social Security Disability lawyer to find out whether or not you qualify.

Question: I have a serious mental or psychological condition that prevents me from working. Can I still receive Social Security Disability benefits?
Answer: According to the Social Security Act, a "disability" can be either physical or emotional, or a combination of both. The key is that a doctor finds “objective medical evidence” that you your condition prevents you from working for at least 12 months.

Question: Can I apply for Social Security Disability benefits on my own?
Answer: Yes. You can file your own application for Social Security Disability benefits, and represent yourself in all legal proceedings. However, statistics show that people with legal representation, especially on appeals, win their Social Security Disability claims much more often than those who try to represent themselves.

Question: I cannot afford to pay an attorney fee now. Can I still get legal help with an appeal of the Social Security Administration’s decision to deny my application for Social Security Disability benefits?
Answer: Yes. Some law firms, waive their attorney fee, unless they convince the Social Security Administration to approve your claim for Social Security Disability benefits. If they win, their fee is defined by the Social Security Act and kept very reasonable.

Question: I was denied Social Security Disability benefits last year, but my medical condition has gotten worse. Can I try again to get Social Security Disability benefits?
Answer: Yes. There is no limit to the number of times you may apply for Social Security Disability benefits. If you feel that you now qualify for Social Security Disability benefits, you should file another application with the Social Security Administration.

Question: If the Social Security Administration approves my Social Security Disability claim, how long will these benefits last?
Answer: You can get Social Security Disability benefits for as long as you remain disabled from employment and meet all other Social Security Administration requirements. From time to time, the Social Security Administration may review the level of your disability by sending you for a medical evaluation.

Question: My disability was brought on by alcoholism or drug addiction. Can I still qualify for Social Security Disability benefits?
Answer: Maybe. To determine whether you still have a potential Social Security Disability claim, you should consult an experienced Social Security Disability attorney. The Social Security law states that you cannot get Social Security Disability benefits, if alcoholism and/or drug addiction is a contributing factor that is material to the determination that you are disabled. However, people who used to abuse alcohol or drugs can qualify for Social Security Disability benefits, based on other unrelated and disabling health problems.

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