If you are physically or mentally disabled and cannot work, then you should apply for disability benefits through the Social Security Administration. We can help you with your initial application if desired. If you want to apply yourself, you can go to your local field office to apply in person or you can apply online. To find a local field office, go to https://secure.ssa.gov/ICON/main.jsp or go to https://www.ssa.gov/benefits/disability/ to apply online.
Contact Bailey Law Office if you need assistance with applying for Social Security Disability or with your Social Security Disability Appeal.
It is important to make this initial application as soon as you become disabled as the average approval rate for disability benefits for initial applications is around 40%. This means that if you want to continue your disability case after an initial denial then you need to appeal this first decision by submitting a request for reconsideration within 60 days of the date of the denial. If the reconsideration is also a denial, you will need to request a hearing before an administrative law judge, which also must be done within 60 days of that denial. While cumbersome and sometimes lengthy to proceed through these initial two levels, the success for many is through the hearing process with an administrative law judge.
It is important to understand what is means to be "disabled" for purposes of disability benefits through SSA. The SSA will consider benefits only for people who are totally disabled with a condition that will last or is expected to last at least one year or can expect to result in death. To meet this definition, an applicant must not be able to engage in any type of substantial gainful work in the national economy due to severe physical or mental impairment(s), having considered the applicant's age, education, and previous work experience.
There are two programs available to individuals with disabilities: Social Security Disability Insurance (SSD or SSDI), also referred to as Disability Insurance Benefits (DIB), and Supplemental Security Income (SSI). The Social Security Administration administers both programs and under both programs individuals must meet the medical criteria to be deemed disabled.
SSD is a credits based benefits program. Basically, benefits are paid to those individuals who are found disabled and are "insured" through the program by having worked and paid Social Security taxes. Generally, applicants for SSD will need to have worked 5 out of the last 10 years (although for applicants under age 31, there are different criteria). You will be required to submit information about all of your work for the past 15 years (or longer depending on when you are last insured for benefits).
SSI is a financial needs based program. Through the disability part of SSI, benefits are paid to those individuals who are found disabled and have a very low income and little assets. It is not dependent on whether you have worked or not. For some individuals, they may receive benefits through SSD and SSI - if their SSD benefits are low then they may be supplemented with SSI payments as well.
Bailey Law Office attorneys have been representing claimants with their Social Security Disability claims for almost 20 years. We have represented claimants in the application, reconsideration, and hearing level stages throughout our home state of Michigan, including at local and hearing offices in: Traverse City, Cadillac, Ludington, Petoskey, Alpena, Mount Pleasant, Grand Rapids, Lansing, Sault Ste Marie, Marquette, and Oak Park, among others. Since Social Security Disability claims are a federal benefit, we are able to assist claimants throughout the United States, with our attorneys having represented claimants as far away as Anchorage, Alaska.
For those cases at the hearing level, initially with the onset of the Covid-19 pandemic in 2020, the Social Security Administration began conducting hearings only by telephone and later expanding to video hearings. Currently, claimants have the option for telephone, video, or in-person hearings. A vast majority of our clients have chosen to conduct their Social Security Disability hearing with the assigned Administrative Law judge by telephone or video (mostly telephone), which makes it easier and convenient for our attorneys to represent individuals anywhere in the U.S. and it is also convenient for our clients who often have to travel a distance to an in-person hearing location. We are pleased to point out that conducting hearings by telephone or video have not reduced the amount of favorable outcomes for our clients, which remain high. That said, if you decide to have your hearing conducted in person, we are happy to travel to attend your in-person hearing.
The information on this website is not intended to be legal advice and viewing this website does not create an attorney-client relationship.
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