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Monday, October 18, 2010

Long-Term Disability- rehabilitation program

If you are asked by your Long-Term Disability insurance companies whether you are interested in a rehabilitation program, be careful. Long-Term Disability insurance companies adopt these programs to minimize the benefits they pay you. These rehabilitation programs are not often for your benefit. These programs are appealing because often you want to get back to work and not sit at home. Often people express a willingness to try a rehabilitation program. Often if you are able to do some of the rehabilitation program, the Long-Term Disability Insurance companies will say you are be able to work.

Call your Michigan Long-Term Disability attorneys today at 1-866-540-0677 to help you with your Disability Claim if you suffer from a physical or mental illness. If you are in Macomb County, Oakland County, Wayne County or anywhere else in Michigan and need help with your Long-Term Disability case, contact our office at or look for more information on our website

Social Security Disability- Continue your medical treatment

When you have applied for Social Security Disability it is important to continue your medical treatment. Just having your doctor write that you are disabled or you can not work is not good enough. Here are two important thing to know about your medical treatment.

1. Get Regular Medical Treatment: The Social Security Administration will not be satisfied unless you can demonstrate a consistent record of medical treatment. You must attend your doctor’s appointments, counseling sessions, fill your medication prescriptions, and do everything else advised by your psychiatrist or other medical expert.

2. Don’t Rely on Your Diagnosis: It is not enough to simply have an official diagnosis of bipolar disorder from an accredited medical practitioner. You will only win Social Security Disability for bipolar if you document how your illness impacts your ability to work. Use your paperwork to show the connections. For example, because of your bipolar disorder you often miss work, cannot concentrate and make mistakes in your work tasks, or get into arguments with co-workers.

Call Allan W. Ben P.C. your experienced Michigan Social Security Disability lawyers at 1-866-540-0677 to help you file for Social Security Disability benefits if you suffer from a physical or mental illness. If you are in Macomb County, Oakland County, Wayne County or anywhere else in Michigan and need help with your Social Security Disability case, contact our office at or at

Sunday, October 17, 2010

Social Security Disability- Attorney fees

You do not need any money to hire our experienced Michigan Social Security Disability law firm to represent you before the Social Security Administration. Attorney fees for a Social Security disability or SSI claim are contingent on winning the claim. That means that you pay a fee only if you win, and when you are awarded benefits. You pay no fee if your claim is denied.

The attorney fee is 25% of the retroactive benefits awarded in your claim. This fee subject to a "cap" imposed by Social Security. The current fee cap is $6,000. So the fee is 25% of the back benefits or $6,000, whichever is less. An attorney is not entitled to a fee on your future benefits.

Attorney fees for Social Security claims are set by the Social Security Administration. The SSA must approve any fee that is charged in a Social Security case. Typically, the SSA approves the fee agreement, calculates the back benefits and the fee, and pays the fee directly to the lawyer.

If you have questions about your Michigan social security disability case contact our experienced social security disability attorneys at Allan W. Ben P.C.. Our website is our direct phone number is 248-540-0677.

Thursday, October 14, 2010

Can young adults win social security disability cases?

Many people in their twenties and thirties wrongly believe that it's impossible to win a SSD or SSI claim. This is simply not true. If you have a work history, and if you have a disability that will prevent you from working for a year or more, you may be eligible for benefits, regardless of your age. While there is no doubt that it is more difficult to be awarded Social Security Disability, it is not impossible. Our firm often represents young adults applying for SSD or SSI Benefits.

Social Security uses a disability guidebook that contains a listing of impairments for all of the body systems and the criteria needed to meet the severity requirements of the various impairment listings. If a person meets or can equal an impairment listing’s criteria, they are found disabled whether they are an older or younger individual. It becomes more difficult if a younger person is not able to meet or equal the severity requirements of the impairment listing that deals with their disabling condition.

Do not be discouraged if your initial disability claim is denied or even if your reconsideration appeal is denied; your chances of being approved at a disability hearing are much greater.

For more information about social security disability visit our website at

Tuesday, October 5, 2010

Social Security Benefits website

The Benefit Eligibility Screening Tool (BEST) helps you find out if you could get benefits that Social Security administers. Based on your answers to questions, this tool will list benefits for which you might be eligible and tell you more information about how to qualify and apply.

Sunday, October 3, 2010

Long-Term Disability: Surveillance

After every meeting I have with a client, whether it be a potential new client, or a client I have been representing for a while, I always remind them to be careful what they are doing because they likely will never know that a person is following them around town or watching them at home and keeping a detailed summary along with the conducting video surveillance.

Over the years, long term disability insurance companies have begun to rely more frequently on surveillance to help them defeat ERISA claims. The last few years has seen an increase in the aggressiveness of the insurance companies in general, so it should not be a surprise that they are engaging in these kinds of tactics more frequently.

The first question that I am asked by clients is whether or not the insurance company has the right to do this in the first place. That is a fair question. After all, it does not seem right that they can essentially spy on someone who was injured by something that their insured did! However, as unfair as that sounds, the law allows them to engage in limited surveillance.

A lot of people call and say, what am I supposed to do, sit home all day? I can’t live a life, I can’t do any activities because they will put me on video. Can I go to the gym, can I go grocery shopping? I have read court opinions that say, "the court has repeatedly asserted that the mere fact that a claimant has carried on certain daily activities does not detract in any way her credibility as to his/her overall disability. One does not need to be utterly incapacitated in order to be disabled." It is important for clients to understand that you can go about living your life and you do not have to be bed ridden, but it is also very important to be careful and not do to much.

I also tell client never to exaggerate their symptoms, it does not help you get a favorable result. If a doctor tells you not to lift anything over 10 pounds, than make sure you are not lifting heavy items. Sometimes it can hurt your case. It’s almost like your Miranda rights. What you say can and will be used against you. What you hold out to the insurance company, you better believe they can use it against you or they are going to use it against you.

After all, the truth is the truth. If you are following your physicians recommendations and staying within the limitations that they have prescribed for you, there should be nothing that the insurance company can record that would be of any real use to them.

If you have questions concerning your long-term disability claim contact an experienced long-term disability lawyer. We can answer your no matter what state you live in. Please visit our website at

Friday, October 1, 2010

Social Security Disability- Mental Health disorder

Social Security will look at all your medical conditions when determining whether or not you are disabled. It is extremely important when you are applying for Social Security Disability benefits because you have a mental condition, that you be under the care of a therapist, psychiatrist or psychologist on a regular basis. To often Claimants will have a mental disorder and only see their primary care doctor. That is not sufficient to help you establish a mental condition. Just because your primary care physician gives you medication for a mental disorder, does not mean the SSA will find that you are disabled. You need to have some specific evidence of a mental disorder. It is also important that you have a good record of following the doctors advice and take your medication as you are supposed to. It is important to have a diagnosis whether that diagnosis is depression, bipolar disorder, post-traumatic stress disorder, anxiety disorder, schizophrenia, or any other mental diagnosis. Often times many of these conditions have similar symptoms and even overlap and you may have multiple diagnosis over a period of time. You will want to look at all of the conditions listed to see if you may meet or equal one of these listings. If you think you do meet or equal one of the medical listings, you should take a copy to your doctor to get your doctor's opinion of whether or not you meet or equal one of the listed impairments. If your doctor feels you do you meet a listing, you should ask them for report explaining which listing and an explanation as to why you meet or equal the listed impairment. It is important to note that it is not enough to simply have a diagnosis of a mental condition in the medical listings of impairments. To be found disabled, due to meeting or equaling a listing, you have to have all the requirements the listing calls for. All is not lost if you do not meet or equal a listed impairment for your mental disorder. You can still be found disabled if the limitations from your psychiatric impairment would prevent any of your past relevant work and second any other work. So you may now want to know how do you show what your limitations are from your mental impairment. The two main ways to show your mental limitations that would prevent you from working are by a doctors report or by your doctor completing a Mental Residual Functional Capacity Questionnaire. Social Security will also probably send you to a mental health examination and they will have their own doctors assess what your mental limitations are. It is extremely important to have your own psychiatrist's opinion as to your limitations because if your treating doctors opinion is supported by the medical records and not inconsistent with those records it is supposed to be given more weight than the Social Security doctors opinions.
There are nine categories that the SSA uses to assess mental disorders and approve or deny benefits. If your ability to work is impeded by one of the following disorders, you may be eligible to apply for benefits:

1. Organic Mental Disorders: Characterized by mental and behavioral dysfunction, stemming from an organic factor, that is repetitive and/or a deteriorating condition. Specifically, these disorders cause changes or corrosion of normal cognitive function.

2. Schizophrenic, Paranoid, and Other Psychotic Disorders: Typically marked by psychotic episodes, including hallucinations, incoherence, or emotional withdrawal.

3. Affective Disorders: Conditions with marked mood disturbances. Mood disturbances could be manifested as depressive or manic episodes, or a combination of the two.

4.Mental Retardation: Stunted developmental or intellectual growth, characterized by the inability to care for themselves or otherwise function independently.

5.Anxiety-Related Disorders: Manifestations of anxieties, usually including issues like intense phobias, panic attacks, obsessions, and compulsions.

6. Somatoform Disorders: Disorders for which no physical cause can be found, but that persistently hinder the ability for the sufferer to lead a normal life. Symptoms may present themselves or may be perceived by the sufferer.

7. Personality Disorders: Marked by personality traits that resist adaptation. Traits can be mood disturbances, thought processes, or other traits like hostility, paranoia, or dependence. The disorder must not be limited to infrequent episodes, but a long-term impediment in the individual’s life.

8.Substance Addiction Disorders: Affectations or changes stemming from substance abuse or addiction.

9. Autistic Disorder or Other Developmental Disorders: Marked by impaired development, usually in the realms of communication, imagination, and social interaction.

Call your Michigan Social Security Disability attorneys today at 1-866-540-0677 to help you file for Social Security Disability benefits if you suffer from a physical or mental illness. If you are in Macomb County, Oakland County, Wayne County or anywhere else in Michigan and need help with your Social Security Disability case, contact our office at . You can also visit our website at