Representing Disabled Clients for Over 25 Years

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Donald H. Peters

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I know someone who is on Social Security Disability and he does not look a bit disabled. Why do they put all of these freeloaders on benefits?

When it comes to disability, looks can be very deceiving.  There are many people who look quite healthy but who are quite disabled by anyone's standard.  For instance, many individuals who suffer from very severe psychiatric illness are physically healthy and able to do things such as mow their yards.  Some people function quite well at times and at other times cannot function well enough to perform a job on a sustained basis.  You simply may not see these individuals when they are at their worst.

I am disabled, but I have never worked.  Can I get Social Security Disability or some other type of benefits?

If you are poor enough, you can qualify for Supplemental Security Income (SSI) if you are disabled, even if you have never worked in the past.  It is also possible to qualify for Disabled Adult Child Benefits on the account of a parent if you became disabled before age 22 or for disabled widow's or widower's benefits on the account of a late husband or wife.

I am a widow.  I have not worked in public work in many years.  I am disabled.  Can I get Social Security Disability benefits?

If you are over 50 and became disabled within seven years after your husband or wife died or within seven years after you last drew mother's or father's benefits from Social Security, you can get Disabled Widow's or Widower's Benefits.  Perhaps more important, if you are poor, you can draw Supplemental Security Income benefits no matter what age you are or when you became disabled.

I have a daughter who has been disabled by cerebral palsy since birth and has never been able to work.  Can she get disability benefits from Social Security?

Very possibly.  If the child is under 18 and you are poor enough, the child may be able to qualify for SSI child's disability benefits. If the child is over 18, she may be able to qualify for SSI disability benefits without regard to the income of her parents. If her father or mother is drawing Social Security benefits of some type or is deceased, the child may be eligible for disabled adult child benefits.

I am already on Social Security Disability benefits, but I am worried that my benefits will be stopped in the future.  What are the chances of this happening?

Social Security is not supposed to cut off disability benefits for an individual unless his or her medical condition has improved.  If you have this concern, you should consult and Attorney immediately.  Your Attorney will know how to protect your right to continuing benefits.

If Social Security tries to cut off my disability benefits, what can I do?

You should appeal immediately.  If you appeal within 10 days after being notified that your disability benefits are being ceased, you can ask that your disability benefits continue while you appeal the decision cutting off your benefits.  You should also call an Attorney immediately but you must file the appeal immediately to protect your benefits.

My doctor says I am disabled so why is Social Security denying my Social Security disability claim?

Social Security takes the position that Social Security, not your doctor, will decide whether you are disabled.  Further, Social Security will not accept a bald conclusion from a doctor, i.e., “Patient is disabled”.  Social Security will insist on a well reasoned opinion from your doctor supported by medical evidence.

VA says I am disabled, so why is Social Security denying my Social Security Disability claim?

It is Social Security's position that VA decisions are not binding upon them.  Social Security and VA have very different standards for approving disability claims.

End FAQ

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Southfield Lawyer Donald Peters of the Law Office of Donald H. Peters, P.C. in Southfield, Michigan, handles Social Security Disability claims throughout Michigan and in the Tri-County Metro Detroit area including Detroit, Southfield, Novi, Warren, Royal Oak, Roseville, Livonia, Mount Clemens, Sterling Heights, Farmington Hills, Birmingham, Berkley, Oak Park, West Bloomfield, Ann Arbor, Eastpointe, Waterford, Flint, Canton, Taylor, Romulus, Westland, Clinton Township, Troy, Dearborn, Brighton, Howell, Pontiac, Rochester Hills,  as well as Wayne County, Oakland County, Macomb County, Ingham County, and Livingston County, Michigan.

Disclaimer

Material presented on the Social Security Professionals website is intended for general informational purposes only.  It is not intended as professional advice in any manner and should not be construed as such.  Individuals should never act upon any information provided in a website except that you should seek the advice of an Attorney. 

For the most up to date content regarding Social Security Disability please reference the Social Security Administration's website.

You may call Social Security Professionals and discuss your claim for free at:

(248) 549-3485