When applying for Michigan Social Security Disability benefits, there are very specific rules to be followed and requirements to meet in order to successfully be compensated. If you are unaware of these regulations, your quest for benefits could be significantly delayed. It is important to be aware of all the aspects of the Social Security Disability application process and every available option.
What You Need Before You Apply
Although you are able to apply for Social Security Disability benefits immediately after you become injured, that may not always be the best option. Age, education, work experience and medical documentation are among the factors that the Social Security Administration considers in their decision to grant benefits. According to the guidelines, a mental or physical injury is only considered a disability if it prevents you from performing the skills that you rely on for income in any capacity or if it will lead to death. Your application will only be accepted if you can prove that your medical condition is considered a disability by this definition. You must also be able to provide medical documentation of your condition in the form of an official diagnosis or test results, including a list of doctors visited, prescribed medications and official medical records.
To be eligible to receive Social Security Disability benefits, you must also meet the stringent working requirements. These include documentation that you have worked recently preceding your injury and that you have worked and paid into the Social Security system for a sufficient period of time. These time requirements vary depending on the age of the applicant, so you may want to consult the leading Michigan Social Security lawyers. An attorney can help you make sure the information on your application is accurate and complete in order to avoid rejection of benefits.
Which Type of Benefits to Apply For
Because you can receive benefits from either Social Security Disability Insurance or Supplemental Security Income depending on the type of claim, the process can be very complex. You need to know which claim is appropriate to file in order to be rewarded the correct compensation based on age and other factors. There are also options available for widows, widowers, divorced spouses, and children. Consult with a Michigan Social Security lawyer to be sure you are applying for the appropriate benefits.
What to Do If Your Application is Rejected
Due to the lengthy waiting period of 60 to 120 days between submission of your application and the final decision, it is extremely important to avoid rejection. Even if your application is accepted, the first Social Security Disability payment may not come for up to 60 days following acceptance. This means you could be waiting up to 180 days to receive any compensation, in which time you continue to accumulate bills and other expenses while being too injured to work and earn an income.
The majority of applications are denied the first time, which significantly delays the process of seeking benefits. Luckily, there is an appeals process that allows you to contest the initial decision. First, you can ask the Social Security Administration to reconsider your application. If that doesn’t work, you are entitled to request a hearing from the Administrative Law Judge, who may ask you further questions and call on witnesses. If the Judge does not rule in your favor, you can appeal the ruling to the Social Security Appeals Council. Finally, if your application is denied by the Appeals Council, you may ask for a review by the federal court.
Each failure in the appeals process will significantly delay the payment of benefits and prove to be very costly. If your application is denied at any time, Michigan disability attorneys can get you back on track and help you avoid further delays.
About the Author
Mr. Gene Zamler is the founder of the law firm of Zamler, Mellen & Shiffman, P.C. He has been a practicing partner for 41 years and is one of the leading Michigan personal injury attorneys. At Zamler, Mellen & Shiffman, P.C., our Social Security Disability lawyers know how to use to law to get benefits for injured workers as we are rated #1 by The Detroit News. Our Michigan personal injury lawyers have helped over 150,000 people and recovered hundreds of millions of dollars for our clients in personal injury cases.