Social Security Disability Lawyers Michigan | SSI & SSDI Attorney

Social Security Disability

Our practice provides comprehensive assistance and representation to potential beneficiaries of the Social Security Disability process. This includes assistance in the application process as well as representation throughout the appeal process.

The requirements for obtaining Social Security benefits are very technical. Most people who initially apply have difficulty understanding the complex forms, and historically, a large majority (approximately 70%) of applications are initially denied. If this has happened to you, don’t be discouraged, because claims are often granted in the later appeal stages of this process, although this process takes a relatively substantial amount of time.

Every year hundreds of thousands of American taxpayers become unable to work because of illness or injury. There are several safety net programs within the Social Security Administration (SSA). The most common programs being the Social Security Disability Insurance program (SSDI) under Title II of the Social Security Act and the Supplemental Security Income (SSI) program under Title XVI of the Act.

Within the disability programs set up by the SSA are rules and procedures governing what constitutes being declared disabled and thus eligible for disability benefits. However, common sense does not always tell you what qualifies an applicant for disability, resulting in the low application acceptance rate. Most do not get relief until they have an appeal hearing, which can be well over a year from the date of denial of the claim.

SSDI

Social Security Disability Insurance (SSDI) is a benefit available to disabled individuals under their SSA-derived full retirement age. The applicant must have contributed to the SSDI insurance system through his or her earnings. Generally, this ranges from 6 to 40 Quarter Credits (QCs) (in 2020, one QC requires earnings of $1,410 in a year) of employment, varying by age as follows:

If you became disabled when you were 23 years old or younger, you may qualify if you earned at least 6 quarters of coverage during the 3 years before your disability started.
If you became disabled when you were 24 through 30 years old, you will need to have earned credit for at least half of the available quarters between the time you turned 21 and the time you became disabled.
If you became disabled at 31 years old or older, you must satisfy two requirements. You must have earned one-quarter of coverage (whenever acquired) for each year after the year in which you turned 21, and at least 20 of those quarters must have been earned during the 40 quarters (10 years) immediately before you became disabled.

Age at Which You Became Disabled	Number of Credits Needed to Qualify
31-42	20
43	21
44	22
45	23
46	24
47	25
48	26
49	27
50	28
51	29
52	30
53	31
54	32
55	33
56	34
57	35
58	36
59	37
60	38
61	39
62 or Older	40

To be defined as disabled under the SSA, you must show both a medical and a vocational element. The Social Security Act defines the term disability as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, which has had a duration of at least five months and can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. This is the medical component of the statutory definition of disability.

There is also a requirement that the impairment(s) be of such severity that the insured is not only unable to do his or her previous work but cannot, considering age, education, and work experience, engage in any other kind of substantial gainful work that exists in the national economy. This requirement exists regardless of whether such work exists in the insured’s proximity, whether a specific job vacancy exists, or whether he or she would be hired.

If the insured is approved for SSDI, he or she may receive benefits up to 12 months retroactively. The first five months from onset of disability (referred by the SSA as the date of entitlement) are not compensable. The monthly benefit amount payable is a complex calculation based on the insured’s earnings (and resulting contributions to the fund). The average amount of benefits is approximately $1,500 per month. There may be an offset or reduction if the insured is receiving other government benefits such as workers’ compensation.

There are also limited “auxiliary benefits” payable to family members of insured workers.

SSI

The Supplemental Security Income (SSI) program is a federal welfare program for the disabled, blind, and those over 65 years of age. In contrast to SSDI, benefits are paid out of general revenues, not out of the social security trust fund. There is no earnings requirement to qualify for benefits, as there is for SSDI. There are, however, income and asset limits to collecting SSI. Generally, one cannot have an income of more than the federal benefit rate ($783 individual or $1,175 married in 2020) and must have limited assets ($2,000 individual and $3,000 married). There are numerous exclusions and exceptions to these numbers.

If you have been denied Social Security Disability benefits, please contact The Schipper Law Group by filling out this form or calling us at (248) 729‑2414. Our Social Security Disability attorneys will explain all of your rights, explore every option, and provide you with aggressive representation when needed. We have a proven track record of achieving successful outcomes inside and outside of the courtroom.

Frequently Asked Questions

Do I need an attorney to assist me in applying for benefits and/or appealing an adverse decision?

In short, no. However, the numbers reveal that attorney-represented claimants have nearly a doubled chance of success in the process. Given the astronomically low number of acceptances and the time involved in appeals, we believe it is in your best interest to use an attorney from point of application forward.

How much will your services cost?

Our fees in these matters are always contingent and are dependent on the facts and circumstances of the case. The SSA mandates by law that we not charge more than 25% with a $6,000 maximum fee. This maximum is lifted if the case requires appeal to a federal court.

I have been denied benefits. Now what?

Following a denial, you have a right to appeal. You have a right to request reconsideration, a right to a hearing before an administrative law judge, a review of the administrative law judge’s decision by the appeals council, and a review by a federal judge. This is a very time-consuming process that may last multiple years. For example, it is often well over two years before a decision is made by an administrative law judge.

Does the SSA have the right to reevaluate my case after they grant benefits?

Yes. They generally review cases depending on various aspects of the claimant and their condition(s), and sometimes continuing review is mandated by the administrative law judge’s order. However, disability determinations are rarely overturned.

Do I get health benefits with my disability payments?

Medicare eligibility begins after you have received 24 months of social security disability benefits.