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Cochran, Foley & Associates, Social Security Disability
Help
The Social Security Administration pays benefits to persons who cannot
work because of a medical condition or catastrophic injury that is expected to last
at least one year.
The two benefits paid are Social Security Disability (SSD) payments
for all qualified disabled persons and Supplemental Security Income (SSI) payments for
qualified disabled individuals who are at lower income levels.
Accident victims or other persons who are suffering from a catastrophic
illness may qualify for financial support from Social Security Disability as well. Anyone
whose injury prevents them from working and whose disability is expected to last for
one year may be eligible for Social Security benefits.
Application for benefits should be made as soon as possible after
becoming disabled because it can take at least three to five months just to process
the application and longer for a decision to be made. The decision to approve or deny
is made by the Disability Determination Services agency in Michigan.
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Social Security Disability
Claim Denials Are Commonplace, So Don’t Panic
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Almost 70 percent of all SSD and SSI claims, however, are denied
upon initial application, says Terry Cochran, senior partner of Cochran, Foley &
Associates, P.C., Livonia, and to increase the chance of being approved for what
is rightfully yours all applicants should contact an attorney as soon as they are denied.
“If you have applied for Social Security Disability or Supplemental
Security Income and have been denied you should immediately call our office at 800-322-5543
for a free consultation to insure your appeal is filed in a timely manner and that it
meets procedural and legal requirements,” stresses Cochran.
Anyone who believes they might qualify for SSD or SSI should go to
www.socialsecurity.gov to review requirements,
use the eligibility screening tool, and to apply online. There is no need to hire
an attorney unless your application is denied.
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Social Security Advocate
VS an Attorney: What is the Difference?
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Some applicants make the choice to work with an advocate rather than
an attorney. An attorney, however, is better qualified to work on your behalf at an
SSD hearing because an attorney possesses the training and knowledge needed to have
the necessary proofs met at the time of trial. Medical records and depositions must
be submitted properly to the administrative law judge to be admitted. Otherwise the
judge might not admit important information that is paramount to winning a claim. Even
better is an attorney from Michigan specializing in disability appeals such as Cochran,
Foley & Associates.
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The Impact of Michigan
Law on Social Security Disability
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An applicant living in Michigan who is denied SSD or SSI especially
needs an attorney from Michigan because of Michigan No Fault Law and because medical
insurance coverage cannot be made part of a workman’s comp settlement.
Also, victims collecting SSD who are eligible for Medicare will be
required to establish a Set Aside Trust for future medical expenses.
Victims eligible for SSD or SSI very likely also qualify for workman’s
comp benefits but often some funds in a workman’s comp award have to be paid back to
Social Security. An attorney will advise clients on the best way to satisfy this pay-back
requirement.
An attorney who specializes in SSD or SSI cases in Michigan is best
suited to walk clients through the legal maze of establishing a Set Aside Trust and
paybacks to Social Security when required. Failure to meet either of these requirements
will be financially disastrous for victims.
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Be Timely and Correct
A Social Security Disability Claim Denial
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When denied, the victim must file an appeal within 60 days. A hearing
before an administrative law judge is then scheduled within a short period of time.
The presiding judge will review medical records submitted to determine eligibility.
Usually only the victim testifies.
An attorney will prepare the victim to testify and make sure that
the medical records the judge needs are submitted by the hearing date.
Your Cochran Foley attorney representing you for workman’s comp and
SSD benefits will also arrange for your comp award to be distributed in pro-rated monthly
payments, based on Michigan life expectancy tables, to minimize and soften the impact
of paybacks to Social Security.
Although workman’s comp and SSD claims go hand in hand, there is
no assurance that approval of one benefit will logically lead to approval of the other.
It is common that a victim might be approved for Social Security Disability payments
but denied a claim for workman’s comp, or vice versa.

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The Social Security Administration
Bases Its Decision On These Criteria:
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- Are you working?
- Is your medical condition severe?
- Is your medical condition on the state agency List of Impairments?
- Can you do the work you did before?
- Can you do any other type of work?
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Getting the Help You Need On Your Social Security
Disability Claim
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Because of Cochran, Foley’s vast experience in personal injury and
medical malpractice litigation we can be of crucial importance in the success of an
appeal because we understand how to present evidence on disabilities and explain why
they prevent employment.
Contact us as soon as you are denied SSD or SSI benefits and use
our expertise in appealing adverse decisions and receiving the payments to which you
and your family are entitled.
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Free Social Security Disability Case Evaluation
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If you believe you are a victim, let Cochran, Foley & Associates
fight for your rights. There is no obligation for case evaluation and no fee is charged
unless a recovery is made. Click here for a free consultation
or call 800-322-5543 and ask for Terry Cochran or Lynn Foley.
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Call The Social Security Disability Lawyers in Michigan
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The Law Offices of Cochran, Foley & Associates, P.C. is dedicated
to representing individuals and families who have suffered catastrophic losses as a
result of injuries, disabilities and death. The firm does not represent insurance companies
or corporations but instead bases its practice upon representing individuals and families.
Call 800-322-5543 for a free case evaluation.
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