Benefits For A Disabled Child
A child under age 18 may be disabled, but we don’t need to consider the child’s disability when deciding if he or she qualifies for benefits as a dependent. The child’s benefits normally stop at age 18 unless he or she is a full-time student in an elementary or high school or is disabled.
Children who were receiving benefits as a minor child on a parents Social Security record may be eligible to continue receiving benefits on that parents record upon reaching age 18 if they are disabled.
Can I Be Fired While On Workers Comp In Michigan
Yes, you can be fired while on workers comp in Michigan as there is nothing in the workers compensation law that protects your employment. However, your employer cannot fire you in retaliation for seeking workers compensation benefits. This is against the law and you can get damages beyond workers compensation benefits. This can be triggered by simply asking for medical or wage loss under workers comp. Watch out for employers who make up phony reasons that are used as a pretext to stop employment. It is possible to sue for wrongful termination under these circumstances.
Your employer may also have other legal obligations under the Family and Medical Leave Act . This is a federal law that protects some employees with health problems. It provides up to 12 weeks of unpaid leave. Firing someone in violation of FMLA could lead to a separate employment lawsuit with additional damages.
It is also possible for a disabled employee to be covered from being fired while on workers comp under an employment or union contract. This may provide additional rights that are not given under workers comp law. Filing a union grievance can help protect employment status. It is important to speak with an experienced attorney when faced with this situation.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call 201-9497 for a free consultation today.
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Interaction With Ei Sickness Benefits
You cant receive EI sickness benefits and short-term disability at the same time. In fact, if you do receive both, you will need to pay some back.
For example, imagine you got EI sickness payments for 2 weeks. Then, you get approved for short-term disability, and they will pay you for those same 2 weeks. This creates an overlap. If theres an overlap, then youll need to pay back the EI program.
After youre approved for short-term disability, youll receive a back payment. Then, you can refund EI using that money.
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How Much Can You Work When Receiving Ssdi Or Ssi Disability Benefits
There are several requirements that the SSA has put in place for working while receiving disability benefits. SSDI and SSI disability benefits are normally granted on the basis that your disability is severe enough that it prevents you from participating in any substantial gainful activitysuch as working.
The general rule is that if you are receiving more than $1,170/month in 2017 from working , then the SSA will deny or discontinue your disability benefits.
However, there are certain circumstances under which you can continue to receive benefits while working. In fact, the SSA tries to encourage people to see if they are able to go back to work by offering certain incentives based on their benefits. This article will highlight the guidelines that the SSA requires when working with disability benefits.
Working While Applying For Benefits
Keep in mind that the mere fact that you are working, even if you are making less than $1,310 per month, may influence whether a disability claims examiner or a disability judge believes you are disabled, especially if you’re working more than 15 or 20 hours a week. For this reason, many disability lawyers and representatives will advise their clients not to work while their case is pending. For more information, see our article on whether you have to quit work when applying for disability benefits.
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Benefits For Disabled Widows Or Widowers
If something happens to a worker, benefits may be payable to their widow, widower, or surviving divorced spouse with a disability if the following conditions are met:
- The widow, widower, or surviving divorced spouse is between ages 50 and 60.
- The widow, widower, or surviving divorced spouse has a medical condition that meets the definition of disability for adults and the disability started before or within seven years of the worker’s death.
Widows, widowers, and surviving divorced spouses cannot apply online for survivors benefits. However, if they want to apply for these benefits, they should contact Social Security immediately at 1-800-772-1213 to request an appointment
To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.
We use the same definition of disability for widows and widowers as we do for workers.
Answers To Frequently Asked Questions About Short
What are short-term disability benefits?
Short-term disability is a weekly income benefit. Insurance companies or employers pay eligible workers who cant work because of disability or illness.
Who is eligible for short-term disability benefits?
To be eligible for short-term disability benefits, there are 2 main criteria. These are more detailed in the insurance policy or program. Firstly, you must be covered by a plan. For example, employees are members of a group insurance policy. If youre covered, you must also meet the disability requirements. Usually, this means that you suffer from an illness or disability that prevents you from doing your job.
How long does short-term disability last?
Short-term disability benefits are paid for a specific period of time. This is called the benefit period. The maximum benefit period is 17 weeks for most plans but can go as high as 52 weeks.
How much does short-term disability pay?
The payment is usually based on what you earned before you had to leave work. You will get anywhere from 55% to 100% of what you used to make. You get payments weekly until the benefit period ends.
Can I be laid off or terminated while on short-term disability?Can I get short-term disability and EI sickness benefits?
You cant receive both benefits for the same period. If you do, then you will have to refund EI sickness. You can get them back-to-back, however.
Should I go on workers compensation or short-term disability?
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How Much Can I Earn On Social Security Disability In 2021
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Before you apply for Social Security Disability Insurance benefits, one of the many considerations youll need to make is whether disability benefits alone will provide you with enough financial support. The maximum disability benefit amount you can receive each month is $3,148. However, the average beneficiary will receive somewhere closer to $1,277 per month.
Of course, qualifying for SSDI benefits is contingent upon proving that you have a disabling condition which prevents you from making substantial income. But just because you are receiving disability benefits doesnt mean you arent allowed to generate any income. Read on to find out about 2021 SSDI income limits and how to maximize your monthly earnings and benefits.
Do I Have To Pay Taxes On Disability Benefits In Michigan
Social Security Disability Insurance, or SSDI, payments are not taxed in the state of Michigan. While Michigan is one of many states that taxes income, it fully exempts SSDI benefits from the recipients taxable income. However, just because you are not taxed on your SSDI payments at the state level does not mean the federal government won’t levy a tax.
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While you do not have to pay taxes on disability benefits in the state of Michigan, you may have to pay taxes on the income at the federal level.
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Significant Services And Substantial Income Test
The SSA will consider work to be a Substantial Gainful Activity if the recipient receives a substantial amount of income from their business. Substantial income is considered an amount over $1,180 monthly in 2018 or comparable to what the recipient earned before becoming disabled. Because business earnings vary from month to month, the SSA will use an average of the earnings over a period of time.
How To Qualify For Ssi Benefits
You can get Social Security Disability benefits even if you do not have enough work credits to qualify for SSDI. The SSA offers the SSI program to disabled adults and children who have limited financial resources. It is a safety net so that people who cannot work for a living but do not qualify to collect SSDI can pay for essential items, like food, clothing, and shelter.
To qualify, you have to meet the same medical disability standards as a person does for SSDI. In addition, your income must be low, and your countable assets cannot exceed certain limits. Specifically, you could qualify for SSI benefits if:
- You have a severe illness or injury that meets the benchmarks of the SSAs Listing of Impairments, also called the Blue Book.
- Your disability prevents you from supporting yourself through gainful employment.
- You have very little income. This income limit can change every year. In addition, the income limit tends to vary by location because SSI is a joint program of the federal and state governments.
- Your countable assets do not exceed the SSI limit. This number can also change every year. Your home and the land it is on do not count as assets. Most cars also do not count toward your resources.
You must satisfy all of these elements to be eligible for SSI benefits. If you are struggling to understand the qualifications for SSDI or SSI, our firm can help you navigate these matters and apply for the benefits you may be entitled to because of your medical condition.
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Impairment Related Work Expenses
IRWEs are costs related to your disability that you have to pay to do your job. IRWEs must be expenses that you pay for, not your health insurance or anyone else. Keep your receipts for all expenses you think are IRWEs. You need to include them with your pay stub or other earnings information when you report your earnings to Social Security.
Examples of IRWEs include money you spend on:
- Personal Care Assistance services that you use on the job
- Special equipment related to your disability that you purchase for your job
- Copayments for additional prescription drugs that you need because you are working
IRWEs are approved by the local Social Security office on a case-by-case basis. Try this form for reporting your IRWEs.
How The Ssa Decides If You Are Disabled
The SSA works with Disability Determination Services offices in Michigan when reviewing disability claims. DDS has doctors and disability specialists working for it. When you file a disability claim, DDS employees contact the medical professionals treating you. They ask about your condition and your ability to work. The SSA and DDS use the information they get to decide if you are disabled.
There is a five-step process to decide if you are disabled. DDS will go through all five steps. The first step looks at whether you are working. If you are, DDS looks at how much you earn each month. DDS does not consider your condition in this first step. If you earn above a certain amount, DDS will not consider you eligible for SSDI. That amount is called substantial gainful activity and it changes each year. To learn more, read Substantial Gainful Activity on the SSA website. If you are not working, or if you earn less than that amount, DDS moves on to the next step and looks at your medical condition.
The second step looks at how severe your condition is. To get SSDI, your condition must significantly limit your ability to work. Some examples are having problems lifting, standing, sitting, walking, or remembering. Your condition must be expected to last at least 12 months. If DDS decides your condition is severe, it will move to the next step and decide if your condition meets an SSA medical impairment listing.
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Can You Receive Financial Assistance While Waiting For A Ssd Or Ssi Decision
Applying for Social Security Disability Benefits and Supplemental Security Income is a lengthy process that can take months even years before you begin to receive any type of financial assistance. Making ends meet while waiting for a decision to be made can be challenging and stressful on you and your family.
The average wait time for Social Security disability claims is over a year, and your claim can be denied. The initial application stage usually takes at least three months before you can even begin the appeals process.
In regards to SSI payments the process is just as lengthy, but the requirements differ. In order to qualify for SSI you must be disabled , or over the age of 65. The initial criteria for a disabled individual to be able to qualify for SSI is a demonstrated financial need.
Many wonder, can I receive financial assistance while waiting for a SSD or SSI decision?
While waiting for a Social Security Disability decision or benefits to start you can receive assistance from anyone. The amount you receive while waiting for your decision will not be regulated. Your SSD decision is based not only on your disability, but also on what you have paid into the system over time so the financial assistance you receive while waiting is not a concern.
Let Michigans leading social security disability law firm help you get the benefits you deserve.
Disability Attorneys of Michigan, Compassionate Excellence.
Appealing A Denial For Social Security Disability Benefits
If your claim for disability benefits has been denied, its a good idea to speak with an experienced attorney. You have 60 days from the date of the notice of denial to appeal your claim.
The first step in the appeal process is reconsideration. This entails a complete review of your entire claim by a person that was not involved in the original determination. New evidence may also be submitted at this stage of the appeal, so this is just another reason why it is to your benefit to have an attorney experienced in these matters handle your appeal. You will want to be sure to include everything that may help your case for benefits. The next stage in the appeals process is a hearing, followed by reviews of the matter by higher courts. Your attorney will be able to help you navigate the entire appeal process.
Our office handles Social Security Disability Appeals and Initial Applications. We may also be able to help with Supplemental Security Income appeals.
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Special Rules For People Who Are Blind Or Have Low Vision
We consider you to be legally blind under Social Security rules if your vision cannot be corrected to better than 20/200 in your better eye or if your visual field is 20 degrees or less, even with a corrective lens. Many people who meet the legal definition of blindness still have some sight and may be able to read large print and get around without a cane or a guide dog.
If you do not meet the legal definition of blindness, you may still qualify for disability benefits if your vision problems alone or combined with other health problems prevent you from working.
There are a number of special rules for people who are blind that recognize the severe impact of blindness on a person’s ability to work. For example, the monthly earnings limit for people who are blind is generally higher than the limit that applies to non-blind disabled workers.
In 2021, the monthly earnings limit is $2,190.
Income Limits For Ssi Disability Benefits
As you begin to work and receive an income, your disability benefits will be adjusted according to your wages. The first $85 of your income is left as-is. After that, the SSA deducts 50 cents for every dollar of income that you receive.
For example, if you made $1,250 during a particular month, the first $85 is left untouched = $1,165. From this remaining amount, 50 cents is deducted from your benefits for every dollar, therefore $1,165/2 = $582.50.
The amount of your disability benefit for that month will be reduced by $582.50. In 2017, the SSA pays up to $735 per month in benefits . Therefore, if your monthly benefit is reduced by $582.50, you will receive about $152.50 from the SSA. In other words, you can earn about $1,500 before your benefit amount is reduced to zero.
If you continue to earn enough money, your benefits could reduce to zero and your payments stopped by the SSA. If this happens, you are still eligible for the additional 5-year period where your benefits can be reinstated if your disability prevents you from working.
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