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Michigan Social Security Disability Law Blog

Economists say disability has reduced workforce

A 47-year-old Michigan native left her home state years ago to start her own business. Her life was filled with positives, until she fell off a porch and broke her elbow. After several surgeries, doctors diagnosed her with a hormonal disease that has left her bones weak. Now unable to work and out of money, she receives Social Security disability benefits.

She is one of 8.7 million Americans who receive disability benefits. While we have previously reported that workers unable to find jobs have turned to disability when their unemployment benefits have expired in this economic downturn, this woman is not one of those cases. She is among those receiving disability who might not ever return to work. Government officials said the problem with having a growing number of people on disability means the labor force shrinks, which weakens the chances for the U.S. to enjoy a faster economic recovery.

Disability evaluators must stick to the facts

Officials with the Social Security Administration have instructed judges who review disability benefits claims in Michigan and around the United States to stick to the files in making their decisions and not to conduct independent Internet research.

Agency officials said that judges must stay away from Facebook and other websites as they rule on a claim. Officials said online information isn't necessarily reliable and that just entering search words into an Internet browser could violate federal privacy laws.

Gay couples fight for disability benefits

A congresswoman has introduced legislation that would allow married same-sex couples living in Michigan and around the United States to gain access to Social Security disability and other benefits.

Currently, the Social Security Administration does not pay benefits to gay couples, but the passage of this bill could be a start. As it stands, same-sex couples are ineligible to receive disability benefits if one spouse suffers a disability, survivor benefits, spousal retirement benefits after one of the spouses dies, or a payout for burial costs in case of death.

Disability funding rapidly dwindling

Recipients of Social Security disability benefits in Michigan and throughout the United States should watch action being taken by legislators to make sure the program does not run dry, analysts said.

Between a growing population of seniors reliant upon Social Security and Medicare and an increased number of disability recipients, experts fear the government will not be able to support the programs. Congress must act to save them, experts said.

Bill would allow extra benefits for military dependents

Lawmakers from Michigan and around the country will weigh the pros and cons of a bill that, if passed, would allow disabled military dependents to receive Social Security disability benefits and other benefits.

Current law does not allow the severely disabled children of deceased military veterans to receive both payment of survivor benefits and funds from Medicaid or Social Security. It is a loophole that desperately needs closing so disabled children don't fall through the cracks.

Disability recipients report payment problems

Michigan residents and others nationwide who receive Social Security disability payments must be diligent in making sure their benefit checks arrive in a timely manner.

Some advocates for the disabled have complained that the government's new method of electronic payments has failed those who need the money the most. One advocacy group held a news conference recently to report that some disability payments had not reached recipients at the first of the month.

Court: No emotional damage for sharing disability records

Recipients of Social Security disability benefits in Michigan should know that while it is not acceptable for the Social Security Administration to share medical records with another federal agency, the government cannot be held liable for any distress that such sharing might cause.

In a 5-3 decision, the U.S. Supreme Court ruled that a man who admitted to the Social Security Administration that he was HIV-positive when he applied for disability benefits could not receive damages for emotional or medical suffering after another agency received the records.

Disability decisions depend on examiner, expert says

For residents of Michigan and other states who apply for Social Security Disability benefits, their qualification and subsequent approval could hinge on which examiner reviews the case.

That's according to an analyst at the RAND Corp., who testified before a hearing of a subcommittee of the U.S. House Ways and Means Committee to discuss claims decisions made regarding Social Security disability. Her testimony came in the most recent subcommittee hearing focused on the disability program, which faces a high volume of caseloads, a slow decision on each case, a large number of appeal reversals and low employee morale.

Man still denied disability more than 11 years later

The 6th U.S. Circuit Court of Appeals has upheld a lower court's decision denying a man Social Security disability benefits. The circuit hears cases that include Michigan and surrounding states.

In this case, a man initially filed for disability benefits in November 2000. He said he could no longer work because of a rotator cuff tear, maladies with his left arm and shoulder, anxiety and depression. He had worked in construction as an ironworker and as an equipment operator. He also served in the military. He has not held a job since July 2000.

Sentences given in disability cases

Michigan residents who have been denied Social Security disability benefits can look to cases from coast to coast of people who fraudulently collected money that could have gone to deserving beneficiaries.

On March 7, a U.S. District Court judge in the Pacific Northwest sentenced a couple to two years in prison after they pleaded guilty to Social Security fraud for unlawfully accepting nearly $320,000 in federal and state funds over the past 20 years.

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J.B. Bieske, Attorney at Law
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