What are the different levels of the application and appeal process for Social Security Disability?

Whether you are applying for SSD or SSI the process is still the same.

1) Initial application

The claimant must complete an application for disability benefits. Then, the Disability Determination Service obtains your medical evidence and goes through the 5-step evaluation to determine disability. The claimant may be scheduled for a consultative examination with a state doctor as well.

2) Hearing before an Administrative Law Judge

If the initial application is denied, the claimant can file a request for a hearing before a judge, in which the case is presented through the claimant’s testimony and medical evidence. An impartial vocational or medical expert may also testify at the hearing. Although the claimant has a right to a hearing, he/she may waive that right, opting for a decision based only upon the medical evidence instead. Upon evaluation of all the evidence, the judge will issue a written decision.

A request for a hearing must be filed within 60 days of the date of denial. If you fail to do so, your case is over. You can start a new case, but you will not be able to go back to the date your filed your original case. Call 866-540-0677 and our experienced Michigan Social Security Disability lawyers can help you file your appeal. You should mail your appeal to the appeal address shown on your denial notice, preferably by registered mail, return receipt requested.

If you have misplaced the address for appeal, call SSA at 800-772-1213 to ask for a mailing address. Otherwise, look up the address in the phone book. If you are nearing the 60 day deadline, hand deliver your appeal to your nearest Social Security office and make sure to get a receipt for your filing.
Even if you send your appeal to the Social Security Administration at the wrong address, your appeal date will most likely be protected as long as someone, somewhere at Social Security received it. Even a fax will suffice.

3) Appeals Council

If the claimant receives an unfavorable decision, or does not fully agree with the judge’s decision, an appeal can be filed with the Appeals Council. The Appeals Council is comprised of administrative law judges who have the authority to grant, remand or deny your appeal. The Appeals Council will consider the hearing record and any additional evidence that has been submitted subsequently.NOTE: An Appeals Council appeal must be filed within 60 days of the date of the unfavorable decision.

4) U.S. District Court and beyond

If you do not agree with the action the Appeals Council has taken, the appeal moves out of the administrative courts. Subsequent appeals are filed in the federal courts: U.S. District Court, U.S. Circuit Court of Appeals and U.S. Supreme Court. It is very rare that a person gets to this level. Most cases are not overturned at these levels.

For a Michigan Social Security Disability Attorney, the lawyers at Allan W. Ben P.C have years of experience winning Social Security Disability cases. At Allan W. Ben P.C., we work with first time applicants or those interested in appealing their Social Security Disability application that were denied. Our lawyers will walk you through the process to determine if you are eligible for benefits. If so, we offer to be your representative through the whole process, helping you submit your initial application for Social Security Disability Benefits, collect medical evidence, and appeal your denied claim in court if needed. Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

Social Security Disability-Can you still collect Unemployment Compensation?

A question we often get from clients are "I am receiving Unemployment Compensation benefits, can I still apply for Social Security Disability?"

If you are collecting Unemployment Compensation you can still apply for Social Security Disability. It is somewhat of a contradiction. Unemployment Compensation benefits are collected when you are fired from a job. Usually, in order to continue to collect Unemployment Compensation benefits you must be looking for employment. People applying for Social Security Disability are stating they need compensation because they are too disabled to work.

In 2006, the Chief Administrative Law Judge issued a memo to all the ALJ's reminding them that "the receipt of unemployment insurance benefits does not preclude the receipt of Social Security Disability benefits. It is only one of many factors that must be considered."

Also, the Social Security Regulations state that a person over 50, whose past work was physically demanding, is disabled if he or she is now limited to sedentary work. Thus, even if such a person receives Social Security Disability, he or she could be "ready willing and able" to do sedentary work and thus qualify for unemployment compensation as well!

The same is true for part time work; being "ready willing and able to work," but only less than full time, appears to allow for the receipt of both types of benefits.

As a practical matter the Agency and especially the Judges understand the need to get some income, so this has never been a significant problem for my clients. I have not seen any judges find a claimant not disabled until his unemployment compensation is exhausted, or even deny a claim due to receipt of unemployment compensation.

For a Michigan Social Security Disability Attorney, the lawyers at Allan W. Ben P.C have years of experience winning Social Security Disability cases. At Allan W. Ben P.C., we work with first time applicants or those interested in appealing their Social Security Disability application that were denied. Our lawyers will walk you through the process to determine if you are eligible for benefits. If so, we offer to be your representative through the whole process, helping you submit your initial application for Social Security Disability Benefits, collect medical evidence, and appeal your denied claim in court if needed. Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

Social Security Disability-How many work credits are needed for Social Security Disability?

Social Security insured status depends completely upon quarters of coverage, a.k.a. work credits, for both fully insured and disability insured status. To be fully insured, you need at least one quarter of coverage for each year after the year you turned 21 and the earliest of the following: the year prior to your turning sixty-two, the year before you die, or the year you became disabled.

The minimum amount of quarters of coverage needed to be fully insured is six quarters of coverage and the maximum needed is forty quarters of coverage. Each year, an individual has the potential of earning four quarters of coverage through their work activity. Social Security establishes a monetary amount each year for a quarter of coverage. The amount of quarters of coverage or work credits that an individual earns has a direct affect upon their disability insured status.

Whether or not a claimant meets the medical disability listing set out by the Social Security Administration (SSA), to be eligible for Social Security disability benefits (under title II) the applicant must have earned a sufficient number of work credits in the years leading up to their disability. The amount of income required to earn a work credit changes from year to year, but in 2010 a worker can earn one work credit for every $1,120 in taxable income--capping out at four credits per year. In order to earn credits on income, the claimant must have paid Social Security taxes on that income.

The number of work credits required to claim disability is not the same for every claimant, and it depends heavily on your age at the time of disability. What claimants must also consider is that work credits must typically be earned within a recent time frame. The following is a breakdown of the credits required for claimants at a variety of ages:

--Age 23 or younger - Claimants are required to have at least 6 work credits, all earned within the 3 year period leading up to your disability.

---Between ages 24 and 31 - To qualify, work credits earned since the age of 21 should amount to half-time employment. For instance, a worker that becomes disabled 4 working years after age 21 (age 25) will require work credits totaling the equivalent of 2 years of full-time work (8 credits).

--Over the age of 31 - Eligible claimants are required to have at least 20 work credits earned within the 10 years leading up to the disability. As the claimant's age increases, so does the number of required work credits. By age 62, claimant's will need a total of 40 work credits.

Blind claimants, or those with low vision, have different work credit requirements. Their work credits may be accumulated over the course of all of their working years, and credits may still be earned for work performed even after becoming blind. If vision impaired claimants still do not meet the work credit requirements, they may sometimes acquire benefits using the work credits of a parent or spouse.

If an individual does not have enough work credits to be insured for Social Security disability benefits? Fortunately, Social Security administers another disability program that is based upon need rather than insured status. Individuals who are not insured for Social Security disability benefits may be eligible for Supplemental Security Income Disability benefits (SSI) if they are able to meet the income and resource limits of the program. SSI is like many other programs in that it has income and resource limits. Income might be wages, pension, disability benefits (short or long term), Workman’s Compensation, rental income, interest, etc., and a resource might be land (other than where an individual lives), inheritance, trust fund, bank account, 401K, stocks, bonds, etc). If an individual’s income or resources do not exceed the SSI program limits they may be eligible for disability benefits through the SSI disability program even though they do not have enough work credits for Social Security disability.

For a Michigan Social Security Disability Attorney, the lawyers at Allan W. Ben P.C have years of experience winning Social Security Disability cases. At Allan W. Ben P.C., we work with first time applicants or those interested in appealing their Social Security Disability application that were denied. Our lawyers will walk you through the process to determine if you are eligible for benefits. If so, we offer to be your representative through the whole process, helping you submit your initial application for Social Security Disability Benefits, collect medical evidence, and appeal your denied claim in court if needed. Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

Michigan Social Security Disability- How Can I pay for a Michigan Social Security Disability Attorney when I am not working?

Many people applying for SSA Disability benefits, especially those who have been denied at the initial application level, have not worked for a while. Many of these people do not have money to pay for a Social Security Disability Lawyer. Therefore, the number one question on people’s minds is: How can I afford to pay an attorney when I am not working? The answer is simple: you only pay an attorney’s fee if you win your case. Generally, a disability attorney will represent clients on a contingency basis. That means you do not pay an attorney anything in advance and you do not pay an attorney fee if you do not win your case.

The SSA and federal law govern attorney’s fees in disability cases. The standard fee agreement states that the attorney’s fee is contingent upon winning your case. The fee is 25% of all past due benefits, up to a maximum of $6,000, or whichever is less. Thus, depending on the amount of your past due benefits, attorney fees are usually only a small portion of the benefits you receive.

For a Michigan Social Security Disability Attorney, the lawyers at Allan W. Ben P.C have years of experience winning Social Security Disability cases. At Allan W. Ben P.C., we work with first time applicants or those interested in appealing their Social Security Disability application that were denied. Our lawyers will walk you through the process to determine if you are eligible for benefits. If so, we offer to be your representative through the whole process, helping you submit your initial application for Social Security Disability Benefits, collect medical evidence, and appeal your denied claim in court if needed. Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

Michigan Social Security Disability- The evaluation process:

In determining whether or not you may be entitled to Social Security Disability, the SSA uses a 5-step sequential evaluation process.

1. The first step is whether you are working?
Step 1 determines if an person is "working", according to the Social Security Administration definition. Earning more than this amount a month as an employee is enough for disqualification from receiving Social Security Disability.

2. The second step is to determine if your condition is severe enough?Step 2 evaluates whether your medical condition is severe enough to significantly limit your ability to perform basic work activities. In addition, the impairment must last, or be expected to last, for a continuous period of not less than 12 months or result in death.

3. Does SSA list your condition as an impairment?Step 3 asks if the impairment meets or equals a medical "listing." The Social Security Administration uses more than 150 categories of medical conditions, called "listings." You can browse the Social Security listed impairments for adults. These conditions are severe enough to presumptively preclude a person from working. If you "meet or equal a listing" you will be granted benefits. If you do not meet a listing, the SSA proceeds to Step 4.

4. Are you able to do the work you previously did?
Step 4 explores your ability to perform work you have done in the last 15 years. If the Social Security Administration finds that you can still perform this past relevant work, even if you have disabilities, benefits are denied.

It does not matter in step 4 if you were fired or laid off, if your former employer would not hire you, or if the place where you worked is no longer in business, or if all those jobs are now done in Mexico. The SSA will match your physical and mental residual functional capacity with the requirements of your former job.
If you cannot perform your past relevant work, then the process proceeds to the fifth and final step.

5. Are you able to do any other type of work?
Step 5 determines what other work, if any, the person can perform. In making their determination, the SSA will take into consideration your age, education, work experience and physical/mental condition. If the SSA finds that you cannot make the transition to other work, you will be approved for your SSD benefits.

For a Michigan Social Security Disability Attorney, the lawyers at Allan W. Ben P.C have years of experience winning Social Security Disability cases. At Allan W. Ben P.C., we work with first time applicants or those interested in appealing their Social Security Disability application that were denied. Our lawyers will walk you through the process to determine if you are eligible for benefits. If so, we offer to be your representative through the whole process, helping you submit your initial application for Social Security Disability Benefits, collect medical evidence, and appeal your denied claim in court if needed. Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

Social Security Disability- The differences between Sedentary work, light work, medium work and heavy work and how it may effect your claim for benefi

In SSR 83-10, the Social Security Administration defines the different exertional levels of a job. Social Security defines each level based on how much weight can be picked up, how long a person can sit and stand, how long a person can walk etc.

Sedentary Work:

Lifting and carrying is limited to 10 pounds or less, standing and walking is limited to under two hours out of an eight hour day. The majority of the time is spent sitting. However, a job can allow you to alternate between sitting and standing, and still be considered a sedentary job.

The regulations define sedentary work as involving lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers, and small tools. Although sitting is involved, a certain amount of walking and standing is often necessary in carrying out job duties. Jobs are sedentary if walking and standing are required occasionally and other sedentary criteria are met. By its very nature, work performed primarily in a seated position entails no significant stooping. Most unskilled sedentary jobs require good use of the hands and fingers for repetitive hand-finger actions.

"Occasionally" means occurring from very little up to one-third of the time. Since being on one’s feet is required "occasionally" at the sedentary level of exertion, periods of standing or walking should generally total no more than about 2 hours of an 8-hour workday, and sitting should generally total approximately 6 hours of an 8-hour workday. Work processes in specific jobs will dictate how often and how long a person will need to be on his or her feet to obtain or return small articles.

Light Work:
　
The standing and sitting maximums are flipped: sitting is limited to 2 hours out of an eight-hour day, and standing is limited to 6 hours out of an eight-hour day. Lifting increases from 10 pounds to 20 pounds occasionally, and 10 pounds frequently.
　
The regulations define light work as lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds. Even though the weight lifted in a particular light job may be very little, a job is in this category when it requires a good deal of walking or standing, the primary difference between sedentary and most light jobs. A job is also in this category when it involves sitting most of the time but with some pushing and pulling of arm-hand or leg-foot controls, which require greater exertion than in sedentary work; e.g., mattress sewing machine operator, motor-grader operator, and road-roller operator (skilled and semiskilled jobs in these particular instances). Relatively few unskilled light jobs are performed in a seated position.

"Frequent" means occurring from one-third to two-thirds of the time. Since frequent lifting or carrying requires being on one’s feet up to two-thirds of a workday, the full range of light work requires standing or walking, off and on, for a total of approximately 6 hours of an 8-hour workday. Sitting may occur intermittently during the remaining time. The lifting requirement for the majority of light jobs can be accomplished with occasional, rather than frequent, stooping. Many unskilled light jobs are performed primarily in one location, with the ability to stand being more critical than the ability to walk. They require use of arms and hands to grasp and to hold and turn objects, and they generally do not require use of the fingers for fine activities to the extent required in much sedentary work.

Medium Work:

Medium work requires almost constant standing or walking, or kneeling, squatting, bending, climbing along with lifting 50 pounds occasionally and up to 25 pounds frequently.

The regulations define medium work as lifting no more than 50 pounds at a time with frequent lifting or carrying of objects weighing up to 25 pounds. A full range of medium work requires standing or walking, off and on, for a total of approximately 6 hours in an 8-hour workday in order to meet the requirements of frequent lifting or carrying objects weighing up to 25 pounds. As in light work, sitting may occur intermittently during the remaining time. Use of the arms and hands is necessary to grasp, hold, and turn objects, as opposed to the finer activities in much sedentary work, which require precision use of the fingers as well as use of the hands and arms.

The considerable lifting required for the full range of medium work usually requires frequent bending-stooping. (Stooping is a type of bending in which a person bends his or her body downward and forward by bending the spine at the waist.) Flexibility of the knees as well as the torso is important for this activity. (Crouching is bending both the legs and spine in order to bend the body downward and forward.) However, there are relatively few occupations in the national economy which require exertion in terms of weights that must be lifted at time (or involve equivalent exertion in pushing and pulling), but are performed primarily in a sitting position, e.g., taxi driver, bus driver, and tank-truck driver (semi-skilled jobs). In most medium jobs, being on one’s feet for most of the workday is critical. Being able to do frequent lifting or carrying of objects weighing up to 25 pounds is often more critical than being able to lift up to 50 pounds at a time.

Heavy and very heavy work:

Heavy and very heavy work is any work above the median exertional category. It involves jobs lifting up to, or more than, 100 pounds. The heaviest and most difficult construction work, often including construction cleanup, may be characterized as heavy or very heavy work.

If you or a loved have applied for Social Security Disability you should consult with an experienced Michigan and Arizona Social Security Disability attorney. Allan W. Ben P.C. is a Michigan and Arizona Social Security Disability law firm which can help you or your loved one with their case. We handle cases all over Michigan including Oakland County, Wayne County, Macomb County and Livingston County. We also handle Social Security cases in Scottsdale and Phoenix, call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

The Social Security Administration must consider your treating doctor’s opinion and, under appropriate circumstances, give it controlling weight. The Social Security Administration evaluates the weight to be given your doctor’s opinion by considering:

a. The nature and extent of the treatment relationship between you and your doctor.

b. How well your doctor knows you.

c. The number of times your doctor has seen you.

d. Whether your doctor has obtained a detailed picture over time of your impairment.

e. Your doctor’s specialization.

f. The kinds and extent of examinations and testing performed by or ordered by your doctor.

g. The quality of your doctor’s explanation of your impairment.

h. The degree to which your doctor’s opinion is supported by relevant evidence, particularly medically

acceptable clinical and laboratory diagnostic techniques.

i. How consistent your doctor’s opinion is with other evidence.

We advise all of our Social Security Disability clients to fully disclose all symptoms and limitations, when they are talking to their doctor or the nurse. It is important to find anything to which you would testify in a hearing, to be found in your medical records. It is much more difficult for a judge to discredit your testimony if there is supporting medical documentation. You are the only person who can impact reported symptoms and limitations. It is even more important that you report everything if you have limited insurance coverage or can only see the doctor once every few months. Taking advantage of every appointment to fill the record with your description of your symptoms and limitations gives your doctor a much better basis upon which to provide a professional opinion of your inability to work.

A medical source statement is an opinion from your doctor regarding the nature and severity of your limitations due to your medically-determinable impairments. A medical source statement is often simply a form that is completed and signed by your doctor. The Michigan Social Security Lawyers at Allan W. Ben P.C. have created several different forms for doctors to complete. These forms are designed to be specific to your disability. A medical source statement can be one of the most powerful pieces of evidence that a lawyer can develop for your Social Security Disability claim.

The doctor should mail the form back to our office for an experienced Oakland County Social Security Lawyer to review. It is important for the doctor to state that because of your disability you are unable to work. The attorneys at Allan W. Ben P.C. will work with you and your doctors to make sure that your records are properly submitted to the SSA and that any documents needed from your doctors will be completed.

If you or a loved have applied for Social Security Disability you should consult with an experienced Michigan and Arizona Social Security Disability attorney. Allan W. Ben P.C. is a Michigan and Arizona Social Security Disability law firm which can help you or your loved one with their case. We handle cases all over Michigan including Oakland County, Wayne County, Macomb County and Livingston County. We also handle Social Security cases in Scottsdale and Phoenix, call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com