With Disability Attorneys of Michigan, there is no attorney fee unless you win benefits. The specific amount of the attorney fee is calculated and regulated by Social Security. In fact, no attorney fee is paid until it is approved by Social Security. If you aren’t awarded benefits, you don’t pay a fee.Additionally, we pay all the costs of the preparation of your case and medical records in advance. So there’s no out-of-pocket cost to you.

A claimant’s family members may be eligible for benefits if the claimant is receiving Social Security Disability Insurance (SSDI).

a) The claimant’s spouse, if he or she is 62 or older;
b) The claimant’s spouse, at any age if he or she is caring for a child of yours who is younger than age 16 or disabled;
c) The claimant’s unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild. The child must be under age 18 or under age 19 if in elementary or secondary school full time; and
d) The claimant’s unmarried child, age 18 or older, if he or she has a disability that started before age 22. (The child’s disability also must meet the definition of disability for adults.)

NOTE:
In some situations, a divorced spouse may qualify for benefits based on the claimant’s earnings if he or she was married to the claimant for at least 10 years, is not currently married and is at least age 62. The money paid to a divorced spouse does not reduce the claimant’s benefit or any benefits due to the claimant’s current spouse or children

The benefit amount the claimant’s family members are eligible for is based upon his/her earnings. The more paid into Social Security, the greater the benefits will be. However, there is a limit on the amount of money that can be paid each month to a family called a “family maximum,” which is generally between 150 and 180 percent of the claimant’s benefit amount.

While waiting for your appeal hearing to be scheduled, it is very important to keep your attorney informed of the following:

• Change of address or telephone/cell number
• New treating doctors
• New diagnoses
• Hospitalizations or other inpatient treatment
• Emergency room visits
• Major tests (MRI, CT, X-ray, EKG, ultrasound, EMG, etc.)
• Surgical procedures
• Return to work
• Enrollment in college or other training courses
• Incarceration
• Substance abuse
• Foreclosure/eviction

The Social Security regulations require medical evidence supporting your alleged impairments and describing your limitations. So, not only is it essential that you maintain regular ongoing treatment, but you must take advantage of the opportunity to inform your doctors and nurses of your condition, especially if you are only able to see the doctor every 2-3 months. At every appointment, be sure to fully disclose all your symptoms and limitations such as: where, how long and how frequently you feel pain; what makes it better or worse; if you have to take frequent breaks or naps and for how long; if your medications cause side effects; how long and how frequently you experience swelling; how your mood and behavior changes; if you need assistance with personal care; and how your activities have changed as a result.

Not following your doctor’s prescribed treatment can be detrimental to your appeal. This includes refusing to take prescribed medication or not taking it as prescribed.

Ideally, anything you would testify to in your hearing should be found in the medical evidence. It is much more difficult for a judge to discredit your testimony, or your doctor’s medical opinion, if your allegations are documented in the record.

Maintaining regular ongoing treatment is essential to establishing your disability. The regulations require supporting medical evidence, and we all tend to judge a person by their actions more than their words. Social Security expects a person who needs treatment to get treatment. The Michigan Department of Human Services has a State Disability Assistance (SDA) program that offers a bi-weekly monetary benefit and Medicaid. There are also free or reduced-rate clinics. For more information, click the “Resources” tab at the top of the page.

Yes, a claimant can work, but there are strict limitations on how much can be earned per month. If your earnings meet or exceed the maximum, which is considered substantial gainful activity (SGA), you are not disabled under Social Security’s regulations. You should discuss any work with your attorney immediately.

Yes, a claimant can go to school, but it may be considered work activity. Going to school requires maintaining a schedule, completing homework, reading, studying, remembering, carrying items and interacting with others. These are all examples of work activities. So, despite not getting paid to go to school, the amount of time you spend performing work activities will be evaluated and will impact the determination of your ability to work.

In 1996, the Social Security regulations were changed making substance addictions no longer an impairment upon which disability could be based. In fact, Social Security has taken a staunch stance against awarding disability benefits in cases where substance abuse is an issue.

Currently, if a claimant has been found disabled, and the record contains evidence of substance abuse, a second evaluation must be done to determine if the substance abuse had “more than a minimal effect” on the alleged disability. If no, the claimant is disabled. If yes, the substance abuse is considered to be a significant problem, and the claimant is not disabled.

Another way to evaluate the effect of the substance abuse is to ask: “If the claimant was substance-free for one month, would the alleged impairments still be disabling?” If yes, the claimant is disabled.