Social security disability applicants need an attorney. Indeed, applying for benefits can be tricky without a Disability Attorney in Muskegon MI. There are basic eligibility requirements, and each medical condition must meet specific criteria.
Disability Programs
Applicants apply to one of two disability programs, social security disability insurance (SSDI) or Supplemental Security Income (SSI.) The medical requirements for both programs are the same. However, there are certain non-medical eligibility criteria. Applicants must have a disability that is expected to last for twelve months or result in death.
SSDI is for consumers who paid FICA taxes when they worked. If approved, the applicant’s monthly check is based on an average of their work income. On the other hand, SSI is a joint federal-state program for those who did not work a lot. The elderly and blind usually automatically qualify for SSI. However, there is an asset-limit for benefit recipients.
The Process
Each state has a claims office and an examiner reviews each file. The examiner is looking for medical evidence to substantiate the applicant’s disability. The Disability Attorney in Muskegon MI can review what is in the agency’s file. The attorney works to supplement the file with documentation that is missing. Usually, the state has medical and vocational experts review files, as well.
Claimants who are denied have the right to appeal. The attorney files a request for reconsideration in the first level of appeal. If the claimant is denied a second time, a request for hearing is filed. Unfortunately, the agency has a backlog, and it may take more than a year to get a hearing.
Disabilities That Require Special Attention
Each medical condition has a list of requirements that must be met. The applicant and the attorney must make sure these elements are present. For instance, the government only accepts records from a rheumatologist for people with fibromyalgia. The rheumatologist’s medical records must specify that the patient’s symptoms and test results are consistent with having the disease.
Another example is depression which must be documented by a psychiatrist or psychologist. Medical records from a mental health profession have more weight than those from a family physician. For more information, visit Bleakley Law Offices P C.
