The Impact of Michigan Law on Social Security Disability


An applicant living in Michigan who is denied Social Security Disability or Supplemental Security Income especially needs an attorney from Michigan because of Michigan No Fault Law and because medical insurance coverage cannot be made part of a workman’s comp settlement. Also, victims collecting Social Security Disability who are eligible for Medicare will be required to establish a Set Aside Trust for future medical expenses. Victims eligible for Social Security Disability or Supplemental Security Income very likely also qualify for workman’s comp benefits but often some funds in a workman’s comp award have to be paid back to Social Security. An attorney will advise clients on the best way to satisfy this pay-back requirement. An attorney who specializes in Social Security Disability or Supplemental Security Income cases in Michigan is best suited to walk clients through the legal maze of establishing a Set Aside Trust and paybacks to Social Security when required. Failure to meet either of these requirements will be financially disastrous for victims. Be Timely and Correct A Social Security Disability Claim Denial > Back To Top When denied, the victim must file an appeal within 60 days. A hearing before an administrative law judge is then scheduled within a short period of time. The presiding judge will review medical records submitted to determine eligibility. Usually only the victim testifies. An attorney will prepare the victim to testify and make sure that the medical records the judge needs are submitted by the hearing date. Your Cochran Foley attorney representing you for workman’s comp and Social Security Disability benefits will also arrange for your comp award to be distributed in pro-rated monthly payments, based on Michigan life expectancy tables, to minimize and soften the impact of paybacks to Social Security. Although workman’s comp and Social Security Disability claims go hand in hand, there is no assurance that approval of one benefit will logically lead to approval of the other. It is common that a victim might be approved for Social Security Disability payments but denied a claim for workman’s comp, or vice versa.
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