What Conditions Qualify You for Disability in Detroit?

Social Security has a few basic rules to get disability benefits: You must have a severe health condition. You must be unable to work because of your health condition. And it must be clear you will miss work for at least a year. To win disability benefits, you need to document all three points thoroughly. Your own report of illness and inability to work, and even a letter from a doctor, isn’t enough.

This is one of the first questions most people have. Whether you qualify for disability benefits has more to do with the severity of your condition than what exactly your condition is. Your individual symptoms qualify you for disability benefits if they prevent you from working. To prove your medical condition qualifies, you can follow the guidelines in Social Security’s listing of impairments for the types of medical evidence and information you should provide for your diagnosis. But your ailment doesn’t have to be on the list for you to qualify, as long as you can show you can’t work.

If you’re over 50, that can increase your chances of winning Social Security Disability benefits. This is because of how Social Security looks at your ability to work. To receive benefits, you must be unable to continue in your most recent jobs. But you also must be unable to shift to different kinds of jobs that may be less physically or mentally demanding. Social Security thinks a worker younger than 50 may be better able to adapt to new kinds of work, while a person over 50 is less likely to make that transition. So, people over 50 are more likely to be found qualified for Social Security Disability.

You become eligible for one of the disability programs run by the federal government, Social Security Disability Insurance (SSDI), through years of working and paying Social Security taxes. For the other program, Supplemental Security Income (SSI), you don’t need a work record but must show limited financial resources. For deciding if your health condition itself qualifies for benefits, both programs have the same rules. It’s the work background and financial requirements that are different.

Not much. While it is possible to work a small amount and still get disability benefits, if you earn over a limit set by Social Security, they will deny your benefits. The limit is called “substantial gainful activity” or SGA. Each year Social Security sets a number that you can earn each month and still qualify for benefits. If you earn more than that number, they will say you’re able to do substantial gainful activity and don’t need help from disability benefits. Even under the SGA amount, however, you need to be careful. If your job activity suggests you might be capable of working more, Social Security may reject your disability claim.

It may seem clear to you when you can’t work. But Social Security has a formal way of deciding if it believes you can’t work because of health issues—and therefore you should get disability benefits. With help from your doctor, Social Security seeks an assessment of what it calls your “residual functional capacity,” or RFC. Your RFC is a measure of what you’re capable of doing despite your health limitations. Your RFC looks at basic daily tasks, like standing or walking for long periods, sitting for long periods, reaching and grasping things, lifting and carrying things, following instructions, understanding information, staying focused on the job, responding well to supervisors, and working well with others. Your disability lawyer helps make sure you get information on your RFC that truly reflects what you’re going through and what Social Security is looking for. We coordinate with you and your doctors through this process.

Yes, with Social Security Disability Insurance (SSDI) you receive early approval to join Medicare. It’s one of the most important benefits you can get. Normally you have to wait until retirement age to have your health care covered by Medicare, but not if you qualify for SSDI. There is a waiting period to start Medicare after you’re approved for disability benefits, but it may not be too much longer by the time you win SSDI. At Levine Benjamin, we have advisers who can help you choose Medicare Advantage plans. If you receive SSI, meanwhile, you can get health care through Medicaid instead right away, no additional waiting period.

Yes, you can qualify for both Social Security Disability from the government and long-term disability from an insurance policy you have through work or on your own. Your Social Security Disability benefits shouldn’t be affected by the money you get from long-term disability. Your long-term disability insurance company, however, may reduce their payments to you by an amount equal to what you get from Social Security Disability. In addition to dealing with the Social Security system, the Levine Benjamin disability lawyers can help you pursue the maximum possible long-term disability payments.