Social Security
If my Social Security Benefits claim was denied, what do I do now?
As soon as you receive a denial, you need to act immediately. You only have 60 days from the date stamped on the letter to appeal the denial and preserve your claim.
If I am awarded Social Security Disability Insurance Benefits, what can I receive?
Disability Insurance Benefits may include Medicare medical coverage, disability benefits, supplemental income benefits, and family benefits.
How do I know if I am disabled for purposes of receiving Social Security Disability Benefits?
Under the Social Security Act, “disability” means the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death.”
I have not worked in recent years. Could I still qualify for Social Security Disability Insurance Benefits?
SSA requires a specific amount of Social Security earnings (work credits) to qualify. As a general rule, if you worked for 5 out of the last 10 years, you may qualify.
Can I receive benefits for a mental or psychological condition that prevents me from working?
Possibly, the Act states that a “disability” can be mental.
Previously I was denied Social Security Benefits, but my condition has gotten worse. Can I try for benefits again?
Yes. There is no limit to the number of times you can apply for benefits.
How long can Social Security Disability Benefits last?
You may receive benefits for as long as you remain disabled from gainful employment and meet all other SSA requirements.
Workers' Compensation
The injury that occurred was my employer's fault. Can I sue my employer for my pain and suffering?
Generally, Michigan law prohibits employees from suing their employers for damages, beyond the economic benefits provided by workers’ compensation.
I was injured while on my way into work. Am I eligible for workers' compensation benefits?
Workers’ compensation usually does not apply to one who is traveling to and from the place of employment. However, once a worker is on the employer’s property, workers’ compensation insurance may cover an injury. It is important to note that employees who must travel to perform work assignments are covered by workers’ compensation benefits if they are hurt on the job.
My employer offered me a different type of job, but I feel that it is beneath my previous pre-injury position. Do I have to accept the position?
Michigan workers’ compensation law requires injured employees to accept a position offered by their own employers, if the new job is within their qualifications and training, and any medical restrictions. When the new job pays less than the previous position, the worker should receive partial wage loss benefits, to cover part of the difference between the individual’s previous and current earnings.
What happens if I try to return to work in a job that is supposed to be within my medical restrictions, but cannot perform the job duties?
Under the law, it is possible for you to resume receiving benefits.
Can I choose my own doctor when I am getting treatment for my work-related injury?
For the first 10 days after a work-related injury, the employer has the right to choose the treating doctor. However, after 10 days, the law allows you to select your own doctor and other medical care providers.
Auto Accidents
If I receive wage loss benefits from my own auto insurance carrier, is there a limit to how much I will be paid per month?
Yes. There is a cap on the maximum monthly payout of no-fault wage loss benefits.
What if I was driving a motor vehicle that was uninsured at the time of accident?
If the car you were driving is uninsured and you were the registered owner of the vehicle, then you are legally barred from bringing suit against an at-fault driver.
What is Uninsured Motorist Coverage?
Uninsured Motorist Coverage is an auto accident insurance coverage option that allows you possible recovery from your insurance policy, if the at-fault driver does not have insurance coverage or if the at-fault driver cannot be identified.
Is there a difference between uninsured motorist coverage and underinsured motorist coverage?
Yes. Underinsured coverage provides an additional source of collecting for serious injuries caused by an auto accident. It is different from uninsured coverage, which is available when the at-fault vehicle had no identifiable insurance.
What if the person who hit me had been drinking?
This may entitle you to a suit against the driver, and another suit against the business which illegally sold alcohol to the person involved in the automobile accident.