Social Security Disability
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.
Social Security Disability Claim Denials Are Commonplace, So Don’t Panic
Almost 70 percent of all Social Security Disability and Supplemental Security Income 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 Social Security Disability or Supplemental Security Income 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.
Social Security Advocate VS an Attorney: What is the Difference?
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 Social Security Disability 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.
No Fee Is Collected Unless Your Social Security Disability Claim Is Won
Fees are only collected after you are paid by the Social Security Administration and that fee is based upon a certain amount which has been set by law.
The Impact of Michigan Law on Social Security Disability
An applicant living in Michigan who is denied Social Security Disability or Supplemental Security Income especially needs an attorney from Michigan.
Also, victims collecting Social Security Disability who are eligible for Medicare will be required to establish a Set Aside Trust for future medical expenses.
Victims eligible for Social Security Disability or Supplemental Security Income very likely also qualify for workers comp benefits but often some funds in a workers 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 Social Security Disability or Supplemental Security Income 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.
Be Timely and Correct A Social Security Disability Claim Denial
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 workers comp and Social Security Disability 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 workers comp and Social Security Disability 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 workers comp, or vice versa.
The Social Security Administration Bases Its Decision On These Criteria:
- 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?
Getting the Help You Need On Your Social Security Disability Claim
Due to 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 Social Security Disability or Supplemental Security Income benefits and use our expertise in appealing adverse decisions and receiving the payments to which you and your family are entitled.
Call The Social Security Disability Lawyers in Michigan for a Free Case Evaluation
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.
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.