What We Mean By Disability
The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.
We consider you to have a qualifying disability under Social Security rules if all the following are true:
- You cannot do work and engage in substantial gainful activity because of your medical condition.
- You cannot do work you did previously or adjust to other work because of your medical condition.
- Your condition has lasted or is expected to last for at least one year or to result in death.
This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers’ compensation, insurance, savings, and investments.
If Approved How Long Before I Get My First Ssdi Payment
Average wait time for the SSA to review your SSDI benefits application is 3-5 months. Federal law puts a mandatory five-month waiting period in place before anyone can get their first SSDI payment. That means you cant get that first check any sooner than six months after filing your disability claim. Unfortunately, only 1 in 5 applicants get approved for benefits on their first try. And only 6% of Michigan disability applicants without a lawyer get approved the first time they apply.
Even if you have a terminal illness that fast-tracks your application for review, youll still wait at least six months. In October 2021, Michigan disability applications to the SSDI program took 352 days to process, on average. Thats a year! If youre turned down the first time, you still have 60 days to file an appeal. If you live in Flint, youll wait 8 months, on average, to get your appeals case heard. But in Livonia, that stretches out to 12 months for an appeals court date. Thats why we strongly recommend getting a lawyer to help you apply the first time. All Social Security lawyers work on contingency, so youll pay nothing for professional help now. Nearly 2 in 5 applicants get denied benefits for simple mistakes on their claim forms. A lawyer gives you the best chance to get approved for benefits the first time you apply. Plus, a lawyer gets paid nothing unless your case wins. And if you do win, youll only pay a small, one-time fee.
The Process Of Applying
SDA benefits are handled by the Michigan Department of Human Services . You can apply for benefits anytime, either online or in person at a local DHS office.
The time frame for the SDA application process is much faster than federal benefits. By law, your application must be approved or denied within 60 days.
Before applying, however, you should speak with a qualified disability attorney to discuss your options. The right attorney can help you prepare a strong application and guide you through the nuances of the process.
Keywords: disability, disability benefits, state disability benefits, disabled, caregivers, Michigan State Disability Assistance, SDA
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How Much Information Do I Need To Tell My Instructors About My Disability
The SOSS Office is the point of contact for the student in disclosing disability information. Although the student is certainly free to disclose information to faculty as they see fit, it is not required. If you are approved for an accommodation that involves a classroom modification, such as additional testing time, SOSS will provide you with a letter that you deliver to your instructor indicating the approved accommodation. The letter does not identify the disability. You are requested to speak with your instructor concerning the logistics of implementing the accommodation, but you are not required to discuss your disability, nor to defend or justify the accommodation.
Requesting Employee Ada Accommodations:
Employees who are aware that a disability or health condition is affecting their job performance should talk with their supervisor and/or make contact with the ADA Coordinator in Equal Opportunity Compliance and Title IX. The process for requesting accommodations in the workplace can be initiated by contacting the ADA Coordinator. The ADA Coordinator can be reached at or 906-487-3310. Employees do not need to disclose the disability or nature of an accommodation request during this initial contact.
Supervisors should refer employees who disclose disabilities or health conditions and request accommodations or assistance, or mention that they are not able to meet job requirements because of disabilities or health conditions, to the ADA Coordinator in Equal Opportunity Compliance and Title IX.
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Do You Qualify For Michigan State Disability Assistance Benefits
Federal disability benefits arent the only source of financial assistance for those in need. If youre disabled or a caregiver for a disabled person you might qualify for state assistance as well.
If you have a disability, you are likely already familiar with federal Social Security Disability benefits and Supplemental Security Income . But did you know you might also be eligible for need-based state disability benefits on top of any other benefits you already receive?
Michigans State Disability Assistance program provides supplemental benefits to those who qualify. While the benefits rarely exceed a few hundred dollars per month, if you are disabled and unable to work, every dollar can make a difference.
How To Qualify For Social Security Disability Benefits After A Stroke
If youre unable to work for at least 12 months after your stroke, you can file a claim for Social Security disability benefits.
To be eligible, you must provide proof of your stroke as described in the Neurological Impairment section of the Social Security Administrations Blue Book.
The Disability Benefits Center, an independent nonprofit organization that helps people apply for Social Security benefits, lays out the following requirements and guidance:
You qualify for disability benefits under the listing if youre unable to:
- Speak or write effectively due to expressive aphasia or sensory aphasia .
- Control the movement of at least two extremities , despite at least three months of treatment. This must result in extreme difficulty in balancing while standing or walking, to stand up from a seated position, or to use the arms.
- Overcome marked physical problems along with a marked limitation in any one of the following:
- Interacting with others Finishing tasks
- Regulating emotions and controlling behavior
If you have vision loss or other physical impairments as a result of a stroke, you may also qualify for disability benefits under those listings.
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Immigration And Residence Requirements
In order to be eligible for SDA, you must be a U.S. citizen or qualified legal immigrant. You must live in Michigan to get SDA. You and your family cannot receive cash assistance from any other state.
Generally, all non-citizen children with permanent resident status or VAWA are eligible for SDA. Non-citizen adults who have permanent resident status or VAWA for five years or more are also eligible. Asylees and refugees are also eligible for SDA. Some other categories of immigrants are also eligible, including certified victims of human trafficking and Cuban/Haitian entrants. Immigrants who do not fall in one of the eligibility categories cannot get SDA. People who refuse to share their immigration status are also not eligible.
If you have questions about SDA for immigrants, you may want to speak with someone at your local MDHHS Office. Your local legal services office may also be able to help you. Use the Guide to Legal Help to see if you qualify for free legal advice from your local legal services office. Even if they are not able to represent you, they could still offer you advice and other help.
If you speak limited English, MDHHS must provide you with an interpreter. Be sure to tell MDHHS that you need an interpreter or need help understanding documents in English. You have a right to bring your own interpreter if you prefer. The application is available in different languages. You can apply online and have someone help you.
How To Apply For Ssdi In Michigan
You can apply for SSDI benefits in Michigan online, by phone, or in person. You will need to have the following information to complete the application:
- Date and place of birth.
- The beginning and ending dates of your marriage.
- Names and birth dates for children who are unmarried and under the age of 18, 18 or 19 and in school full-time, or became disabled before the age of 22.
- Details regarding any military service.
- Employer or self-employment details for the current year and two years prior.
- Information on the type of work you did over the 15 years prior to your disability.
- The date your medical condition impacted your ability to work.
- A list of your medical conditions.
- Records of medical examinations, treatments, tests, and medications.
- Records pertaining to workers compensation, vocational rehabilitation services, public welfare, or prison/jail.
- Records regarding job training, trade school, vocational school, or college education.
Upon completion of your application, you must provide the Social Security Administration with your birth certificate or proof of birth, proof of citizenship if born outside the U.S., discharge papers for military service before 1968, tax forms for the previous year, medical records and evidence, and proof of any workers compensation-type benefits you receive.
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If I Want An Academic Adjustment What Must I Do
You must inform the school that you have a disability and need an academic adjustment. Unlike your school district, your postsecondary school is not required to identify you as having a disability or to assess your needs.
Your postsecondary school may require you to follow reasonable procedures to request an academic adjustment. You are responsible for knowing and following those procedures.
What Is A Reasonable Accommodation
A reasonable accommodation is a modification or adjustment to a job, employment practice, or the work environment that makes it possible for a qualified individual with a disability to receive an equal employment opportunity. The University will provide a reasonable accommodation to the known disability of a qualified applicant or employee with a disability unless the accommodation would impose an undue hardship on the University.
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Ada Accommodation Request Documentation:
After reviewing Michigan Techs Request an Accommodation Procedures, the employee should contact the ADA Coordinator to obtain a Request for Accommodation Form. The purpose of this form is to assist the ADA Coordinator in determining whether, or to what extent, a reasonable accommodation for an employee with a disability is required to perform one or more essential functions of their job safely and effectively. Once the ADA Accommodation Request Form is received by the ADA Coordinator, the accommodation request process will officially begin. Unless the employees disability is readily apparent, it will be necessary to provide documentation of the disability and the relationship to the requested accommodation.
The employee will provide the Medical Inquiry Form of the ADA Accommodation Request Form) and the employees position description to their healthcare provider. The employee may ask the provider to return the completed Medical Inquiry Form to the ADA Coordinator or the employee may return the completed form to the ADA Coordinator. The employee may wish to make an appointment to discuss the accommodation request with their healthcare provider. An appointment is not required by Michigan Tech. This form should be returned to the ADA Coordinator within 10 working days after the submission of the Accommodation Request Form. The ADA Coordinator will let the employee know if it is not necessary to have a healthcare provider fill out the Medical Inquiry Form.
What Qualifies For Short
To qualify for short-term disability benefits, an employee must be unable to do their job, as deemed by a medical professional. Medical conditions that prevent an employee from working for several weeks to months, such as pregnancy, surgery rehabilitation, or severe illness, can qualify to receive benefits. Since employers in most states must legally provide workers’ compensation insurance to all employees, any injuries incurred on the job are typically covered under a workers’ comp policy and are therefore not eligible for short-term disability.
While most non-work-related temporary medical conditions are covered by a short-term disability policy, there can be exclusions for preexisting conditions or intentional and foreseeable injuries . While employees can qualify for time off under the Family and Medical Leave Act to care for a sick relative, most short-term disability policies would not provide benefits if the covered employee is not the one with the illness.
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Applying For Disability Benefits With A Mental Illness
Mental and psychological disabilities are among the conditions that can qualify for benefits from the Social Security Administration . You may qualify with severe depression, bipolar disorder, an anxiety disorder, or another mental illness that prevents you from maintaining gainful employment.
Social Security disability benefits can cover everyday living expenses, medical bills, and other financial obligations. Benefits are paid monthly and can alleviate many of your financial worries, making it possible for you to get by without income from employment.
As A Student With A Disability Leaving High School And Entering Postsecondary Education Will I See Differences In My Rights And How They Are Addressed
Yes. Section 504 and Title II protect elementary, secondary, and postsecondary students from discrimination. Nevertheless, several of the requirements that apply through high school are different from the requirements that apply beyond high school. For instance, Section 504 requires a school district to provide a free appropriate public education to each child with a disability in the districts jurisdiction. Whatever the disability, a school district must identify an individuals educational needs and provide any regular or special education and related aids and services necessary to meet those needs as well as it is meeting the needs of students without disabilities.
Unlike your high school, however, your postsecondary school is not required to provide FAPE. Rather, your postsecondary school is required to provide appropriate academic adjustments as necessary to ensure that it does not discriminate on the basis of disability. In addition, if your postsecondary school provides housing to nondisabled students, it must provide comparable, convenient, and accessible housing to students with disabilities at the same cost.
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Do I Have To Inform A Postsecondary School That I Have A Disability
No. But if you want the school to provide an academic adjustment, you must identify yourself as having a disability. Likewise, you should let the school know about your disability if you want to ensure that you are assigned to accessible facilities. In any event, your disclosure of a disability is always voluntary.
Pay Attention To Financial Qualifications
While the basic rule for Social Security disability is defined as a condition that has lasted or is expected to last for at least 12 months, that should not necessarily determine when you apply for benefits.
“If an individual is not working and earning income, then they’re allowed to apply now,” Geist said. “There’s not a set period of time where they have to wait to apply.”
However, there are certain financial restrictions that claimants will have to meet to be approved.
For starters, you must have paid so-called FICA taxes into the system. Generally, you have to contribute for at least 10 years in order to be eligible.
Additionally, your condition must meet Social Security’s definition of a disability. It must be so severe that you can no longer work. It must also be expected to last for at least a year or result in death.
In addition, your income must fall below certain a certain threshold known as substantial gainful activity. In 2021, that limit is $1,310 per month for non-blind individuals.
Those who have not paid FICA taxes may instead qualify for Supplemental Security Income, or SSI. However, those benefits are means tested and come with strict asset limits of $2,000 per individual, or $3,000 per married couple.
While some disabled workers may be tempted to take advantage of expanded pandemic unemployment insurance benefits that are still available in some states, that could hurt your chances of getting approved for disability benefits, Geist said.
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Michigan Lawyer Discusses How To Maximize Disability Payments While On Workers Comp
What happens if you get hurt on-the-job? This is a question that many people never even think about until it occurs. It can be difficult navigating the complex world of disability benefits. Can I apply for disability while on workers comp? How do I maximize potential cash payments? Here is some general advice that can be used to help you get on the right track.
Our lawyers want you to know about all potential disability benefits. This includes workers comp, Social Security Disability, and other insurance policies such as short-term and long term disability. Can I apply for disability while on workers comp? Here is some information about each benefit and how to maximize what is paid.
Workers comp pays 80% of an employees after-tax average weekly wage. It also covers all medical bills that are reasonable, necessary, and related to the accident. These are potentially lifetime benefits.
Can I Request Special Consideration With Respect To Class Attendance If My Disability Causes Me To Miss Classes
Class attendance policies are determined by the instructor based on academic requirements. SOSS does not provide an accommodation that exempts a student from attendance requirements because of a disability. However, we can note in an accommodation letter that missed class time is possible due to the students disability. It can be helpful to the instructor to know that the student does, in fact, have a documented disability that may cause him/her to miss class. It is still the instructors decision, though, as to how he/she will act on the situation.
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