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Frequently Asked Questions

Everything You Need to Know About a Social Security Disability Claim

Our office has successfully handled Social Security disability claims for clients in Michigan for nearly thirty years.

  • There are two main types of disability benefits:

    • Social Security Disability Insurance (SSDI): For individuals who have worked and paid into Social Security through payroll taxes and have enough work credits.

    • Supplemental Security Income (SSI): A needs-based program for individuals with limited income and resources, regardless of work history.

    Many applicants aren’t sure which program they qualify for - and in some cases, you may qualify for both. Our office can help you better understand the eligibility requirements for each program.

  • To qualify for disability benefits, you must:

    • Have a medical condition that prevents you from working

    • Expect the condition to last at least 12 months or result in death

    • Be unable to perform substantial gainful activity (work above a certain income level)

    For SSDI specifically, you must also have sufficient work credits. For SSI, eligibility is based on financial need.

  • Work credits are earned by working and paying Social Security taxes. Most people need:

    • 40 total work credits, and

    • 20 credits earned in the last 10 years before becoming disabled

    However, younger workers may qualify with fewer credits.

    You can check your work credits by:

    • Creating an account at SSA.gov, or

    • Contacting our office – we can guide you in the next steps to determine your eligibility.

  • There is no single “approved list” of conditions. Instead, Social Security looks at how your condition affects your ability to work.

    Common qualifying conditions include:

    • Back and orthopedic problems

    • Chronic illnesses and pain disorders

    • Neurological conditions

    • Autoimmune disorders

    • Mental health conditions (anxiety, depression, PTSD)

    Even if your condition is not specifically listed, you may still qualify if it prevents you from working full-time.

  • There is no upfront cost to hire a Social Security disability attorney.

    Fees are:

    • Contingency-based (there is only an attorney fee if we win your case)

    • 25% of your back pay, capped at a maximum set by Social Security Administration (currently $9,200)

    The fee is paid directly by Social Security, not out of your pocket.

  • Your monthly benefit depends on:

    • Your past earnings (for SSDI)

    • Federal benefit rates (for SSI)

    • Other income or household factors

    We can help estimate your expected monthly benefit based on your work history.

  • Back pay is the amount you are owed from when you became disabled to when you are approved.

    It is based on:

    • Your established onset date (when Social Security determines your disability began)

    • Your application date

    • A 5-month waiting period for SSDI (SSI does not have this)

    Back pay can range from a few thousand dollars to significant lump sums, depending on how long your case takes. Our office can give you an example of how your back pay is calculated.

  • The timeline varies depending on the stage of your case:

    • Initial application: 6 - 8 months

    • Reconsideration (appeal): 4 - 6 months

    • Hearing before a judge: ~ 6 months

    Many claims are denied at the initial and reconsideration levels, so appeals are often part of the process. Having strong representation can help avoid delays and strengthen your case early.

  • You are not required to have a lawyer - but having one can significantly improve your chances of approval.

    As your appointed attorney, my office will:

    • Ensure your application is completed correctly

    • Communicate with Social Security on your behalf, including providing medical updates

    • Check in on your case regularly and answer any questions you have

    • Prepare you for a hearing if needed

    Most people find the process overwhelming without guidance, especially if their claim is denied.

  • If your claim is denied, you still have options. You can appeal through multiple levels:

    1. Reconsideration

    2. Hearing before an Administrative Law Judge

    3. Appeals Council review

    4. Federal court

    Deadlines are strict - you typically have 60 days to appeal. This is where having an attorney is especially valuable. Many claims are ultimately approved at the hearing level with proper preparation and evidence.

    My office handles claims up through the hearing level regularly, and up to the Appeals Council on a case-by-case basis. I do not handle claims at the Federal Court level. Please reach out if you have been denied and are looking for help with your appeal.

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