To qualify, an individual must experience complete incapacity to perform any occupation within the national economy, considering factors such as age, education, and prior work background. Additionally, they must have a physical and/or mental impairment that hinders their ability to engage in significant, financially productive endeavors. This impairment must be expected to cause death and have persisted or be expected to persist for a minimum of 12 months.

Although each case depends on its own facts, I recommend that you consider filing a claim for benefits after you have been disabled for five (5) months in a row. After filing with your local Social Security Administration (SSA) District office, the claim is transferred to the Disability Determination Service (DDS). A state agency, the DDS, is hired by the SSA to determine whether a claimant meets the requirements for SSA disability benefits.

If you have yet to submit a claim for benefits, I advise reaching out to my office for a FREE consultation at (800) 807-2020 before initiating the application process. Alternatively, you can directly contact the Social Security Administration by phone and request an appointment to file a claim for SSD/SSI benefits. Another option is to visit your local SSA office and discuss your situation with a caseworker. If accessing a computer is not feasible, you can visit ssa.gov to submit your disability application. If you are unable to call or visit the SSA office or lack computer access, you can write a letter to the Social Security Administration stating your intent to file a disability benefits claim and request that they contact you for further instructions. Once my office evaluates your case, we may be able to assist you by submitting the claim on your behalf and monitoring its progress with the SSA.

You are not obligated to hire a lawyer when applying for Social Security disability benefits. If you have already filed a claim or if your claim has been denied, my office can assist in assessing your case and determining if myself and my staff can help you. I highly recommend seeking a legal consultation early in the process. If your SSD/SSI benefits have been denied, you must meet the appeal deadline and submit your appeal within 60 days of the denial, regardless of whether you have an attorney involved. The sooner I get involved in your case, the more support I can provide to ensure you receive proper guidance in gathering the necessary medical information. If needed, I can assist you in obtaining medical treatment and examinations to clarify your physical and mental conditions.

Our office operates on a contingency basis for Social Security disability matters. This means that we only receive attorney fees if we successfully secure benefits for you. According to federal regulations, the maximum fee allowed is 25% of the past-due benefits, with a cap of $7200. This amount is periodically adjusted for inflation. If benefits are granted, the Social Security Administration will calculate the attorney's fees and directly pay them based on our retainer agreement. Any out-of-pocket costs are the client's responsibility, regardless of the case outcome, as mandated by Michigan law. Typically, these costs range from $200 to $300, unless a substantial number of records need to be obtained. We make efforts to obtain free medical records whenever possible and request that you provide any Medicaid green card or supplemental medical card to assist us in obtaining your records at little to no cost, if available.

If you haven't previously submitted a Social Security claim, it will be referred to the Disability Determination Service. One of their trained evaluation specialists or medical doctors will inform them about your claim. However, if your claim has already been denied, you will need to appeal by filing a request for a hearing (HA-501) at your local Social Security District Office. This appeal will be made to the Office of Disability Adjudication and Review. Eventually, an administrative law judge will conduct a disability hearing where they will gather testimony regarding all of your disabilities. We ensure that our clients are well-prepared for the hearing, including being aware of the expected questions and the best way to participate to increase their chances of being granted Social Security Disability benefits. For initial claims, the decision-making process may take approximately three to four months for your specific case. However, if you're appealing before the Office of Disability Adjudication and Review for an administrative hearing with an administrative law judge, the hearing could take anywhere from 12 to 18 months due to the current backlog of cases.

If you are applying for SSI (Supplemental Security Income), this program is specifically designed for individuals with low income, and the maximum monthly benefit as of 2010 was $674.00. This amount is adjusted annually to account for inflation. Along with the financial assistance, SSI recipients who receive at least $1.00 in benefits are automatically eligible for Medicaid. For individuals with disabilities, access to medical coverage is crucial for ongoing treatment of their physical and mental health conditions.

On the other hand, if you are applying for Social Security disability benefits, also known as Title II benefits, the amount you receive depends on your lifetime earnings and the Social Security premiums you have paid to the federal government. Typically, these benefits range from $600.00 to $1900.00 per month. After 29 months of eligibility for disability benefits, you may also qualify for Medicare benefits. However, it's important to note that Medicare coverage requires payment, and in 2010, the monthly premium was $110.00, which increased yearly due to inflation.

Similar to the SSI program, the medical benefits provided through Medicare are essential for individuals seeking ongoing treatment for their disabling conditions. In some cases, the medical coverage may be even more crucial than the monthly benefit received. In situations where an individual has worked for many years but at a low wage rate, they may be eligible to receive approximately $500.00 in Social Security Disability benefits and $174.00 in SSI benefits, bringing their total to the maximum amount allowed under the SSI program. This would also qualify them for both Medicare coverage and Medicaid through the State of Michigan, if applicable.