Wayne County Social Security Disability Eligibility Lawyer
Workers who check their paystubs might be surprised to see FICA taxes deducted every pay period. These taxes are paid to the federal government, including the Social Security Administration (SSA). This agency administers the Social Security Disability (SSD) insurance program. If you are unable to work, you might apply for SSD benefits, but there are strict eligibility requirements, and many disabled workers are unfairly denied. Call Nationwide Disability Law today to speak with an attorney. We can review the eligibility requirements and check whether you meet them. A Wayne County Social Security Disability eligibility lawyer is standing by.
Defining a Severe Disability
Not every injured worker can receive SSD benefits. Instead, you must have a sufficiently “severe” disability as defined by SSA.
You are only disabled if you meet the following requirements:
- You are not engaged in Substantial Gainful Activity, or SGA. If you make more than an average of $1,550 a month in 2024, then you are considered gainfully employed and usually don’t qualify for benefits.
- Your impairments must prevent you from doing the work you did previously.
- You can’t transition to different work based on your skills and work history.
- Your condition is sufficiently severe to last for at least 12 months or result in your death.
- Your condition is found on the SSA’s list of severe medical conditions, called the “Blue Book.” If not, you might still qualify if your condition is sufficiently serious.
There might be slightly different requirements, depending on your disability. For example, someone who is blind can often qualify for benefits with higher monthly earnings. However, SSA does not provide part-time disability benefits to workers.
Calculating Work Credits
An applicant might be severely disabled and still be ineligible for benefits. Why? Because they have not paid into the system long enough to qualify.
SSA requires that workers accumulate at least 40 work credits to receive disability benefits, with 20 of those credits having come within the past 10 years. Younger workers might qualify with fewer credits. For example, someone who is younger than 24 might qualify if they have earned 6 work credits in the three-year period before their disability begins.
A worker earns credits based on their income. In 2024, you could earn one credit for every $1,730 in wages earned, up to a maximum of 4 credits for the year. Someone who makes $6,920 in 2024 would earn the maximum 4 credits.
Younger workers might qualify with fewer work credits, depending on their age and work history. Contact an experienced attorney to review.
Michigan Social Security Disability FAQs
At Nationwide Disability Law, we work closely with disabled workers and their families to seek Social Security Disability Insurance (SSDI) benefits. Unfortunately, the process is confusing, and many people are unsure about whether they should even apply. To help you understand your options, our Wayne County Social Security Disability attorney provides answers to the most common questions we receive. Call us to schedule your own, private consultation.
I have no money; do I need a lawyer?
You aren’t required to have a lawyer. However, applicants are more likely to be approved if they use a lawyer—especially to bring an appeal. The good news is Nationwide Disability Law only charges a fee if we win your case. There’s no risk to picking up a phone and calling us.
How long does this process take?
The initial review of your application is done by Disability Determination Services. Usually, it takes 3-9 months to review and either approve or deny. If you are denied, you can request reconsideration in 60 days, and it takes several more months for the office to take a fresh look at your application.
What is a disability appeal?
Applicants have a right to an appeal when their initial application is denied. There are several levels of appeal.
First, you can request reconsideration. A new examiner at the Disability Determination office will review your application. Only around 16% are approved on reconsideration. If you are denied again, you can request an appeal before an administrative law judge (ALJ). About 35% of applicants are approved for benefits before the ALJ. If you lose there, you might still appeal to the Appeals Council or to federal court.
How much will I receive in benefits?
The amount you receive depends largely on your work history. You should check your annual statement from the Social Security Administration (SSA). In 2024, the average monthly benefit is $1,537.
Will I lose benefits if I go back to work?
You might continue to receive benefits, depending on how much you earn. SSA has created a Trial Work Period for those receiving SSDI benefits. You can make more than the Substantial Gainful Activity (SGA) threshold for at least 9 months and not lose benefits. After that, you enter an extended period of eligibility.
It’s simply not true that people immediately lose benefits if they start working. However, at some point, you might make too much, at which point SSA might cut you off. Consult an experienced attorney if you have questions.
Can I receive SSDI benefits if I don’t receive Workers’ Compensation?
Yes. Those are two different programs. Workers’ comp in Michigan covers on-the-job injuries. The federal Social Security Disability program provides benefits to those disabled regardless of where they picked up their disability. For example, you might have been struck by a car on the weekend while walking to church. That’s not an on-the-job injury, but you might still qualify for SSD benefits.
Helping Applicants in Wayne County with SSD Eligibility
Applying for SSDI benefits is a challenging process. The government requests a significant amount of information, which is difficult for someone feeling intense pain and bodily limitations. It is normal to need assistance determining whether you should apply for benefits.
Reach out to Nationwide Disability Law to speak with a Wayne County Social Security Disability eligibility lawyer about your case. We can review whether you meet the government’s eligibility criteria and, if hired, begin building your claim.
