Cochran, Kroll & Associates, P.C., Social Security Disability Lawyers

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If you’re unable to work because of a medical condition, personal injury, or long-term disability expected to last at least one year, you could receive financial assistance from the Social Security Administration (SSA).

The two benefits paid are Social Security Disability Insurance (SSDI) payments for all qualified disabled persons and Supplemental Security Income (SSI) payments for qualified disabled individuals who are at lower income levels.

You can claim Social Security disability payments immediately after becoming disabled. The initial application process can take three to five months, depending on how long it takes to get your medical records and other evidence needed to finalize disability benefits.

Michigan’s Disability Determination Services agency decides whether the application should be approved or denied.

Contact the experienced disability attorneys at Cochran, Kroll, & Associates, P.C. to improve your chances of having your initial claim of disability approved. One of our experienced attorneys can guide you throughout Social Security’s legal process to help you win your case.

How is Disability Defined?

The federal government has a strict definition of disability. Eligibility for disability benefits must be under the following standards and types of disabilities.

  • Physical or mental impairment that can result in death and make it impossible for a person to perform substantial gainful activity
  • The medical condition must have lasted at least 12 months or is expected to last at least 12 months

If you believe you have a qualifying disability to receive Social Security Disability Insurance or SSI, you may file a disability claim application. Disability examiners review all applications for SSD benefits. An examiner will be assigned to your case, who your attorney can contact throughout the process.

The Social Security Administration bases its decision on these criteria:

  • Are you working?
  • Is your medical condition severe?
  • Is your medical condition on the state agency’s list of impairments?
  • Can you do the work you did before?
  • Can you do any other type of work?

Why Might My Application Be Denied?

A few factors could lead to a denial of your application by the Social Security Administration:

No medical evidence

Based on your medical records, SSA may grant you disability benefits. If you don’t visit your doctor regularly and lack evidence of disability or medical documentation, you may not receive disability benefits.

In this case, the SSA can ask you to visit a doctor for a consultative examination (CE) to assess your mental and physical condition to see if you meet the disability qualifications and how your disability affects your work tasks.

Ineligible medical condition

If your impairment does not appear severe enough and lasts at least 12 months or results in your death, the SSA can deny your application. Only blind SSI applicants are exempt from the duration requirement.

Failure to follow prescribed therapy

You are unlikely to qualify for disability benefits if you don’t follow your doctor’s prescribed treatments, such as medications, surgeries, and physical therapy. However, the SSA does accept some excuses, such as prohibitive costs, intense phobia of surgery, or increased risk of life or limb, for not following your treatment plan.

Insufficient work history

Your employment history can prove that your condition prevents you from working and that you are covered and contributing to your SSI. Proof of your earnings from your employment record can affect the amount of benefits you receive from the SSA.

What to Do if Your Social Security Disability Claim is Denied

Disability law is complex and often leads to disabled people’s claims being denied. If your cash benefits are canceled or denied, you must file a disability application reconsideration within 60 days.

The SSA will arrange a hearing before a disability judge. The judge assigned to your case can look at your medical records and decide whether to approve your disability appeal.

If you disagree with the initial decision of an administrative law judge, you can request that the appeals council review it within 60 days. You can file a civil action in a federal district court if you disagree with a decision of the Appeals Council.

Work with a Lawyer to Appeal Your Denial

For help appealing the initial denial of your claim, contact the disability appeals attorneys at Cochran, Kroll, & Associates, P.C. Your attorney can offer legal counsel through the appeals process and ensure you get a fair hearing.

You must submit your medical records and any evidence to the administrative law judge for the hearing. If incorrectly submitted, the judge might not consider vital information to win your claim.

Eileen Kroll, our senior partner, has combined experience in the legal and medical fields as a former registered nurse. As a skilled attorney, she can analyze your medical records and make a case for your diagnosable disability to increase your chances of success in obtaining your disability insurance benefits.

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Social Security Disability Advocate vs. an Attorney: What is the Difference?

A disability advocate can provide more information about applying for Social Security benefits and your rights to them, including proceeding in the appeals process. However, they don’t have the legal training to represent you in court.

The advocate may decide that an attorney is better qualified to represent you at your Social Security disability hearing. An experienced disability lawyer attorney at Cochran, Kroll, & Associates, P.C. possesses the knowledge needed to have the necessary documentation ready at the time of your trial.

The Impact of Michigan Workers’ Compensation on Social Security Disability

As a disabled worker, you can receive both workers’ compensation benefits and Social Security Disability Insurance for the same disability. However, the amount of workers’ compensation affects your Social Security Disability Insurance.

A workers’ compensation offset is based on the total amount you can receive from SSDI and workers’ compensation. The total benefits you receive must not exceed 80% of your average current earnings. Any benefits over this amount will be deducted from your Social Security benefits if it exceeds 80% of your average current earnings.

It is important to note that this offset is taxed like Social Security disability benefits. A person who settles their case for a lump sum cash settlement might prorate the payout amount throughout their lifetime to avoid penalties.

A social security disability lawyer with extensive experience in handling workers’ compensation claims can advise you on the best way to receive benefits from both workers’ compensation and SSDI. Our social security disability attorneys can arrange your workers’ compensation alongside your SDDI benefits.

Get the Legal Help You Need for Your Social Security Disability Claim

The experienced disability lawyers at the law offices of Cochran, Kroll, & Associates, P.C. can help you through the complicated aspects of disability law. We have decades of experience navigating disability law. We can help you appeal adverse decisions and receive Social Security Disability or long-term disability benefits.

Our contingency attorney fee means we only get paid if we win your case, so there is no financial risk to you to get started. Call our disability law firm today at 1-866-MICH-LAW (1-866-642-4529) and schedule your no-obligation, free case evaluation.

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The social security administration bases its decision on these criteria:

  • Are you working?
  • Is your medical condition severe?
  • Is your medical condition on the state agency List of Impairments?
  • Can you do the work you did before?
  • Can you do any other type of work?

Getting the help you need on your social security disability claim

Due to Cochran, Kroll & Associates’ vast experience in personal injury and medical malpractice litigation we can be of crucial importance in the success of an appeal because we understand how to present evidence on disabilities and explain why they prevent employment.

Contact us as soon as you are denied Social Security Disability or Supplemental Security Income benefits and use our expertise in appealing adverse decisions and receiving the payments to which you and your family are entitled.

Call the social security disability lawyers in Michigan for a free case evaluation

If you believe you are a victim, let Cochran, Kroll & Associates fight for your rights. There is no obligation for case evaluation and no fee is charged unless a recovery is made.

The Law Offices of Cochran, Kroll & Associates, P.C. is dedicated to representing individuals and families who have suffered catastrophic losses as a result of injuries, disabilities and death. The firm does not represent insurance companies or corporations but instead bases its practice upon representing individuals and families.

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There is no obligation for a case evaluation & no fee is charged unless a recovery is made.
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