Am I Eligible?

As an adult, you are probably eligible for Social Security Disability benefits if:

a.   You have worked long enough at a job that is covered under the provisions of the Social Security Act, and become disabled.  A disability can be physical, emotional or a combination of both.

b.   Your disability is severe enough to keep you from working for at least 12 months.  The rules are different depending on your age and can be quite complicated.

c.   You can prove through a doctor's statement, supported by clinical findings, that you are disabled.

Even children under 18 can receive benefits, although winning those benefits can be quite a bit more difficult than winning them for an adult.  Children who are disabled themselves can also qualify for Social Security benefits; however they can receive Supplemental Security Income (SSI) benefits only. 

To be eligible for SSI, your child must meet ALL of the following requirements:

a.       The child must NOT be working and earning more than $860 per month as of 2006.   (The monthly limits change every year, so contact Gordon & Pont PC at 1-800 LAW MICH or the Social Security Administration for the current limits.)

b.      Your child must have a condition or combination of conditions that severely limits his or her activities.  Those conditions can be physical, mental or a combination of the two, but must result in marked and severe functional limitations.

c.       These disabling conditions must have lasted, or be expected to last at least 12 months, or are expected to result in death.

Children under 18 can also receive benefits if an eligible parent is retired, deceased or disabled.  As a dependent of a disabled parent, the amount children receive depends on how much the adult receives and how many other children receive benefits from the same parent.

It may sound simple, but dealing with complicated government forms, proving that you or your minor child are disabled and then convincing the Social Security Administration to give you the benefits you deserve can be difficult.  Let the experts at Gordon & Pont PC help.

What Do I Do Next?

If a doctor has told you that you will not be able to work for at least 12 months because of a disability, you should apply for Social Security Disability right away.  If a doctor has told you that your child has a disabling condition or conditions that are expected to last for at least 12 months, you should apply for Supplemental Security Income right away.

Sometimes it takes a while to see if your illness or injury will last a year, and some people continue to try to work despite their illness.  That's okay.  As soon as you can no longer work, or the doctor tells you that you will not be able to work for at least a year, you should apply for benefits with the Social Security Administration.

Even if it's been more than a year since you were disabled, you may still be eligible for benefits going back for the full year since your disability.  Plus, there is a five month waiting period so you won't lose benefits as long as you apply within 17 months after you stop working.

For children under 18, it can take many months for the SSA and their state agencies to decide if your child is disabled, but in cases of children with certain conditions, SSA will make payments right away.  Some of those conditions are:

• HIV infection
• Total blindness
• Total deafness
• Cerebral palsy
• Down syndrome
• Muscular dystrophy
• Birth weight below 2 lbs., 10 ounces
• Severe mental retardation in children 7 years or older

In these, and certain other cases, your child can receive up to six months of SSI payments while SSA determines if the condition is severe enough to qualify them for continuing benefits.  So it is important to apply as soon as possible.

If you haven't applied for Social Security Disability or SSI yet, you could go to the nearest Social Security Administration office and apply in person.  Or it is now possible to apply for benefits online.  But why not call 1-800 LAW MICH and put the attorneys at Gordon & Pont PC to work for you?

We'll apply for you and make sure that the forms are filled out completely.  We'll make sure that the answers you give to sometimes confusing questions are clear and accurate, and that nothing is left out that might delay or disqualify you from receiving benefits.

What if I've Been Denied Benefits?

If you already applied for Social Security Disability, or if you have applied for SSI benefits for your child, and have been denied, you should call us at 1-800 LAW MICH right away.  Usually you have only 60 days to appeal if you have been denied benefits.  We can handle your appeal for you and make sure you don't miss any government deadlines that can cost you money that you deserve and need.

Information Checklist 

In order to assist you more quickly in your application or appeal, it is helpful if you gather the following information to provide to us:

1. Names, addresses, phone numbers of doctors, hospitals or clinics that have treated you or your child for the disability, along with the dates of treatments, even if you are no longer going there
2. Any medical reports you already have from your doctors
3. Names of all medications being taken

4. A complete history of your jobs including who you worked for, dates you worked there and the type of work you performed

5. Names and social security numbers of each person applying for benefits, and anyone under 18 years of age who may also be eligible