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  • 2026 SSI and SSDI Attorney Fees and Fee Caps

    Beginning January 1, 2026, the attorney-fee cap for Social Security Disability cases (both SSDI and SSI) will remain $9,200 or 25% of your past-due benefits , whichever amount is lower. Fee Petitions   If your representative uses a fee petition instead of a standard fee agreement, the fee must be approved by the Judge assigned to your case. The approved fee may differ from the standard fee-agreement limit. Always review the terms of your specific fee petition. Social Security Service Fee   Social Security charges all representatives a processing fee when fees are paid directly to them. This amount is taken out of the representative’s fee, not yours. For 2026, the service fee is $123.00. Representatives are not allowed to ask claimants to pay this fee. Costs Not Included in the Representative’s Fee   Attorney or representative fees do not  include the cost of obtaining medical records or other documents needed for your claim. If your representative pays these costs upfront, they may bill you separately for reimbursement. This also does not  include any medical bills from your own doctors, hospitals, or clinics. If your representative sends you to an additional doctor for your case, ask whether you may be responsible for those charges. What You Should Ask Before Signing   Before agreeing to representation, make sure you understand: What the attorney or representative’s fee will be What additional costs you may be responsible for Whether you must pay for medical records or other expenses if you do not  win your case You should always ask what the fee is, what other fees you may be responsible for, and if you are unsuccessful in being awarded benefits, will you be responsible for any costs for medical records or other records, or even doctor office visits that the attorney or representative, or firm may send you to.  (You are always responsible for your own doctor’s/hospital's, and clinic bills.  This references a doctor that your representative makes you go to.) Asking these questions early helps you avoid unexpected costs and ensures you know exactly what to expect during your claim.

  • Understanding the 2026 COLA Increase for SSDI and SSI: A Quick Guide to the COLA Increase

    Great news for millions of Americans who rely on Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI): the Social Security Administration (SSA) has announced a 2.8% Cost-of-Living Adjustment (COLA)  for 2026. This automatic increase is designed to help beneficiaries keep pace with inflation and preserve the purchasing power of their monthly payments*. While the headline is encouraging, the real-world impact, especially for those enrolled in Medicare, warrants a closer look. What Is COLA and How Is It Calculated? The COLA is not a bonus; it’s a safeguard. Each year, the SSA calculates the COLA based on changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W)  during the third quarter (July–September) compared to the same period in the last year a COLA was applied. 2026 COLA : 2.8% increase Purpose : To offset inflation and maintain benefit value Critique : CPI-W may underrepresent cost increases in housing and health care: key expenses for seniors and disabled individuals  Impact on SSDI and SSI Payments 1. Social Security Disability Insurance (SSDI) Average Monthly Benefit : Increasing from $1,586  to approximately $1,630 Substantial Gainful Activity (SGA) : Non-blind: $1,690/month  (up from $1,620) Blind: $2,830/month  (up from $2,700) These thresholds affect eligibility for disability status and trial work periods. 2. Supplemental Security Income (SSI) Federal Maximum Monthly Payment : Individual: $994  (up from $967) Couple: $1,491  (up from $1,450) Student Earned Income Exclusion : Monthly limit: $2,410 Annual limit: $9,730 Resource Limits : Unchanged at $2,000 (individual) and $3,000 (couple) Medicare Part B Premium Offset While the COLA increases gross benefit amounts, Medicare Part B premiums are deducted directly from SSDI payments , and they’re rising sharply in 2026: Estimated Increase : Nearly 12% , pushing the standard Part B premium to approximately $190/month , up from $170.10 Net Impact : For many SSDI beneficiaries, the $44 COLA increase may be consumed mainly by the $20+ hike in Medicare premiums Hold Harmless Provision There is a partial safeguard: the hold harmless rule  prevents your Social Security check from decreasing due to a Part B premium hike. However, this protection doesn’t apply to: New Medicare enrollees Those who pay higher income-related premiums Dual eligibles whose premiums are paid by Medicaid Medicaid and Dual Eligibility For beneficiaries with low income and limited resources , Medicaid may help offset the rising cost of Medicare premiums: SSI Recipients In most states , SSI recipients are automatically eligible for Medicaid Medicaid may cover Medicare Part B premiums , deductibles , and copayments This dual coverage significantly reduces out-of-pocket medical costs SSDI Recipients SSDI does not automatically qualify  you for Medicaid However, if your income is low enough, you may qualify for Medicaid or a Medicare Savings Program (MSP) These programs can: Pay your Part B premium Cover cost-sharing  (deductibles, coinsurance) Provide full Medicaid benefits  in some cases Dual Eligibility If you qualify for both Medicare and Medicaid (known as dual eligibility ), you may receive: Medicare  for primary coverage Medicaid  for supplemental support, including long-term care and prescription costs This coordination can dramatically reduce your medical expenses and protect your COLA increase from being eroded by rising premiums. What to Expect and What to Watch For SSA Notices : Personalized letters detailing your new benefit amount and Medicare deductions will arrive in December No Action Needed : The COLA and premium adjustments are automatic Budget Planning : Beneficiaries should factor in the Medicare offset and explore Medicaid eligibility if income is limited The 2.8% COLA for 2026 is a welcome adjustment, but for SSDI recipients enrolled in Medicare, the net gain may be modest unless Medicaid steps in. SSI recipients, who are often automatically enrolled in Medicaid, will see a more apparent increase. For those with dual eligibility, Medicaid can be a powerful buffer against rising health care costs.\ Examples of how the increases affect payments; not meant to reflect what any specific individual will receive or qualify for.  All claimants must check their individual accounts and amounts for qualifications.  States vary in what they provide and in their requirements. Please check with your state’s Health and Human Resources department. Questions? We are here to answer any questions you may have related to Social Security Disability or Medicare. Call us today! (833) 438-7734 * This is only a general guide to the COLA increase. Each person and situation may be different. If you have any questions regarding your personal situation, please contact us at (833) 438-7734. We may be able to help. This article doesn’t mean you are entitled to any benefits or resources listed; this is just a general overview and guide. This may not apply to you or anyone you may know.

  • Resources and Financial Aid: We are not affiliated with any of the organizations listed; we have heard great things about them through our clients

    When the government isn’t paying what people are expecting to get and they cannot work because they are disabled and in the process of applying for disability benefits, what can be done? As Federal Disability Lawyers, we do not have anything at our disposal for any clients, whether in a shutdown or not to help people who are, no doubt, in a bad situation.  People cannot work because of their disabilities and they do not have any money for anything because they cannot work.  This unfortunate situation plays out whether there is a government shutdown or not.  We have compiled the following resources that MAY be able to help those in need while the government figures out its next steps.  We are NOT affiliated with any of these organizations, nor do we work with them, nor do we acknowledge that they will be able to help or guarantee anything regarding these potential places of assistance*.    Food Assistance Options Detroit Emergency Food Network  Offers hot meals and groceries  to SNAP recipients affected by delays. There are 85+ distribution sites  across Detroit, some open multiple days a week. Visit detroitmi.gov for the map and schedule. Michigan 211  Dial 2-1-1  or visit mi211.org to connect with food pantries, housing help, utility assistance, and more. They’ve seen a 200% surge  in food-related requests, so they’re actively expanding support. Food Bank Council of Michigan  Use their distribution map to find your nearest food bank. Many offer home delivery  and diet-sensitive options , especially for seniors. Capuchin Soup Kitchen (Detroit)  Increasing appointments and hours to meet demand. They serve thousands of families monthly and expect that number to rise. United Community Family Services (Troy)  Experiencing a spike in food pantry registrations. They’re expanding capacity to meet the growing need. Feeding America & Hunger Free America  National databases to locate food banks and community fridges near you: Feeding America Locator Hunger Free America  Financial Relief and Support Starlight App (via CFCU)  Helps locate nearby food pantries, check eligibility for benefits, and get directions—all from your phone. Also offers financial tools like: $50 overdraft buffer Early paycheck access Flexible payment options  for groceries Learn more at cfcu.org . CloseEnuff™ Checking (CFCU)  Designed to help stretch your budget during uncertain times. Includes overdraft protection and early pay features. Local Area Agencies on Aging (AAA)  Coordinate food delivery, congregate meals, and support services for older adults. Statewide Emergency Support Food Bank Council of Michigan (FBCM)  The state allocated $4.5 million  to FBCM to support food distribution in all 83 counties , including delivery for those without transportation. Michigan 2-1-1  A free, confidential service connecting people to 27,000+ programs  statewide. Call 2-1-1  or 844-875-9211  (24/7, 180+ languages) Text ZIP code to 898211 Search services Services include food, housing, utilities, transportation, and crisis support. MI Bridges  For updates on SNAP status, applications, and eligibility. Major Food Banks & Distribution Networks These organizations are expanding operations and accepting walk-ins or drive-ups: Organization Region Services Contact Gleaners Community Food Bank SE Michigan Drive-up food distributions, 35 lbs per household gleaners.org Forgotten Harvest Metro Detroit Fresh produce, protein boxes 1-888-544-8773 Fish & Loaves Taylor Saturday Fresh Market 734-442-0031 Capuchin Soup Kitchen Detroit Hot meals, groceries capuchin.org Greater Lansing Food Bank Mid-Michigan Pantry partners, delivery glfoodbank.org  LGBTQ+ Affirming Food Resources Ruth Ellis Center (Detroit)  Hot meals and food backpacks for LGBTQ+ youth MiGen  Monthly food boxes for LGBTQ+ seniors in Wayne, Oakland, Washtenaw, Macomb Ferndale Community Center  Monthly pantry open to all Stand with Trans  Nutrition support for LGBTQ+ youth 13–24 in Detroit Additional Financial Relief Double Up Food Bucks  Matches SNAP purchases of fruits/vegetables up to $20/day. Call 866-586-2796  (M–F, 9–5) Emergency State Funding  Michigan Senate passed a $71M bill  to support food banks, surplus produce systems, and emergency assistance. ***This is a list of local resources for food and financial assistance, our office does not work with and is not affliated with any of these resources. We cannot help you with contacting these services nor can we help you acquire these services. Please do NOT call our office if you are not able to get help or through to these resources.  We are NOT affiliated with any of them and are only offering this list as potential resources for assistance.  Our office has not attempted to contact any of these locations and do not know if the numbers or links are up to date.***

  • Updates to the SGA and TPW figures for 2026

    Social Security has announced a 2.8% COLA increase for 2026. There are also increases to the monthly amount you can earn before you do not qualify for SSD benefits, regardless of your medical conditions.  The new SGA amount per month, effective January 1, 2026, is $1,693.00 Gross. For those who are attempting to work and receive SSD, the Trial Work Period figure has risen to $1,210.00 Gross per month.  As a reminder, TWP does not apply to SSI beneficiaries.

  • Cost of Living Adjustment for 2026

    The COLA for 2026 has been announced, and it is an increase of 2.8% This adjustment will take effect on January 1, 2026. Anyone receiving SSD and/or SSI benefits will start receiving letters later this year, with the exact increase amount for your monthly payments. As always, SSI payments are dependent on the individual’s living situation, income, and/or assets, and the monthly payment can fluctuate. Please remember that payments are always a month behind, and the actual increase in benefit amount deposited into your account will not be noticed until your February deposit.

  • What to Expect When You Hire a Lawyer for Your Social Security Disability Case

    Many people assume that once they hire a lawyer for their Social Security Disability claim, they can simply sit back and let the lawyer handle everything. That’s a common belief, especially since that’s how it can seem in some types of legal cases. But when it comes to Social Security, it’s a bit different, and it’s important to understand why. Social Security Cases Are a Team Effort Unlike other types of legal matters, Social Security law places the primary responsibility for proving disability on you, the claimant. That means you must provide medical evidence and other documentation to support your claim. While your attorney plays a crucial role in guiding and assisting you, your involvement is essential throughout the process. Lawyers can’t always know when your medical condition changes, when you’ve seen a new doctor, or when you’ve started a new medication unless you tell us. Keeping your lawyer updated helps us help you. This applies to every stage of the process. Medical Records: A Critical Piece Medical records are the backbone of any Social Security Disability claim. Right now, it can be especially challenging for law offices to obtain these records quickly from doctors’ offices. If you’re able to assist by contacting your provider to speed things along, it can make a big difference in moving your case forward. Handling the Paperwork Social Security sends out a lot of paperwork. It can be overwhelming and confusing, and unfortunately, many law firms don’t have the resources to help clients with it. In our office, we actively assist our clients with any paperwork they receive from the Social Security Administration (SSA) or Disability Determination Services (DDS). In fact, we prefer to work on these forms with you to ensure nothing is missed and that your responses help your case, not hurt it. Early Stages: Application and Reconsideration At the initial and reconsideration stages, lawyers don’t have a lot of influence in the decision-making process because of how the system is structured. But that doesn’t mean we can’t help. We make sure all forms are completed correctly and submitted on time, and we keep SSA and DDS updated on any changes in your medical condition, treatments, or medications as long as you keep us informed. (Keep in mind: not all law firms provide this type of support during the early stages. It is important to hire a lawyer that works for you and your case.) Hearings: Where Your Lawyer Makes a Big Impact If your case reaches the hearing stage, that’s where having an experienced attorney becomes especially important. Hearings can be stressful, but they don’t have to be. We prepare you for what to expect, answer your questions, and make sure your case file is complete with all the medical evidence needed. We’ll also inform the court of any missing documents and present legal arguments in support of your claim. Importantly, the attorney you've worked with throughout your case will be the one by your side at the hearing, not someone you’re meeting for the first time that day. Sadly, in many firms, the first time clients meet their hearing attorney is in the waiting room. We believe that only adds to the stress, and we do things differently. After the Hearing: You’re Still Our Client Winning your case doesn’t mean the questions stop, and we’re still here for you. Whether it’s understanding the judge’s decision, preparing for a continuing disability review, or navigating other post-hearing issues, we make ourselves available. Unfortunately, some firms consider their job done once they receive their fee. That leaves many people without the support they need during a critical time. We believe that’s not how it should work. Even if an attorney isn’t pursuing an appeal, they should still explain what happened and what options remain. You deserve to understand your case, win or lose, and what comes next. What You Can Expect From Your Attorney Help gathering and submitting medical records Guidance and support with Social Security and DDS forms Regular communication about updates to your condition or treatment Thorough preparation before a hearing Representation by the attorney you've worked with from the start Ongoing support after your case is decided, with no additional fees We’re here to make the process smoother and less stressful, but remember, the best outcomes happen when we work together. today 833-438-7734

  • "I Was in Prison — Can I Still Get SSI?"

    If you were receiving SSI benefits and are incarcerated, post-sentencing, in other words, after being sentenced to jail/prison time, you will not receive SSI benefits while serving your sentence, regardless of the duration. If you are incarcerated for more than a year, you will need to reapply for your SSI benefits when you get out.  Those who are incarcerated for less than a year must notify SSA upon release and have ready proof of their release date. For those who are accused of a crime and are held in jail pending trial, their benefits will be suspended during the time they are awaiting trial.  No SSI benefits are paid back for any time you spend in jail, either waiting for a trial or post-sentencing.   The same rule applies to those who are jailed and awaiting trial.  If you are held for more than a month, your benefits will be suspended. Once you are released, whether by bond, not guilty, or guilty but time served or no jail time, you need to immediately proceed to your field office with your jail release paperwork and have your benefits reinstated.  Time spent in jail, for whatever reason, that exceeds 12 months, requires a new application for benefits.  There is no guarantee that you will be found disabled again, just because you were disabled when you went to jail in the first place.   In Michigan, the MDOC and SSA can collaborate through a pre-release agreement that initiates the SSD or SSI application process approximately 90 days before your scheduled release date. This must be arranged through the MDOC and is only available to individuals that the MDOC believes are eligible for benefits.

  • What Happens During a U.S. Government Shutdown?

    🧨 What Happens During a U.S. Government Shutdown? A government shutdown occurs when Congress fails to pass funding legislation by the deadline—typically September 30. When that happens, many federal agencies must stop or scale back operations due to the Antideficiency Act , which prohibits spending without approved funds. ✅ What Stays Open Social Security, Medicare, Medicaid : These are mandatory programs, so payments continue uninterrupted. Military & Law Enforcement : Active-duty personnel, FBI, DEA, Secret Service, and Coast Guard remain on duty. Air Traffic Control & TSA : Essential travel services continue, though delays may occur due to staffing issues. ❌ What Shuts Down National Parks & Museums : Most close to the public; rangers and staff are furloughed. Federal Agencies : Departments like Education, EPA, and NASA pause nonessential operations. Furloughs : Hundreds of thousands of federal workers are sent home without pay until funding resumes. ⚠️ Common Myths Debunked Myth Reality “Social Security checks stop.” No—they’re funded by mandatory spending and continue as usual. “The whole government shuts down.” Not true. Essential services and mandatory programs keep running. “Shutdowns save money.” Actually, they cost billions in lost productivity, delayed services, and back pay.

  • Don’t Be Caught Off Guard: 7 Reasons Your Disability Benefits Could End

    Aging Out of Eligibility For SSDI/SSI Once a person reaches full retirement age, Social Security disability benefits are automatically converted to retirement benefits. This transition is a common reason why disability benefits may be discontinued. Although the amount of money you receive typically remains the same, the nature of the benefits changes. There’s no need to reapply for benefits; they simply switch from disability to retirement once you reach full retirement age , which is usually between 66 and 67, depending on your birth year. Death of the beneficiary Once a person passes away, their Social Security disability benefits are terminated. For families who rely on benefits due to a loved one’s disability, it is essential to notify the SSA of the death promptly, as this ensures that benefits are not mistakenly paid out after the individual has passed. Medical recovery Disability benefits are provided based on an individual’s inability to work due to a medical condition. If a person’s condition improves to the point where they can engage in substantial work again, their Social Security disability benefits can be terminated. The SSA regularly reviews cases  to ensure that the individual continues to meet the medical requirements for disability benefits.  This is commonly referred to as a continuing disability review (CDR).  All disability cases are reviewed every three to seven years.  If you are found to no longer meet the criteria, benefits may be stopped. Failure to cooperate When SSA decides to do a continuing disability review or other review of the claim, and the individual does not cooperate, even if they never received the forms, their benefits will be stopped.  Often, people move and do not update their address with Social Security. Failure to cooperate may result in the termination of benefits due to undeliverable mail. The same goes for any other review of the file, including the annual SSI review or failure to submit pay stubs to SSA.   It is important to keep your contact information updated at the Social Security Administration.   Work recovery If a person on Social Security disability benefits can return to work and earn an income above a certain threshold, their benefits may be terminated. The SSA monitors the work activity of beneficiaries and will stop payments if the individual is deemed able to engage in substantial gainful activity (SGA). For SSDI recipients, this generally means earning more than a set monthly amount, which changes annually. While the SSA allows individuals to attempt a return to work  through work incentive programs, ongoing employment may eventually lead to the termination of benefits.  SSI recipients do have a deduction in their benefits even if they are making under SGA.  All SSI recipients must turn in their pay each month, and the adjustments are made for the following month.  For anyone who exceeds the threshold for recipients, their benefits will eventually be stopped, and an overpayment may occur.   Termination of benefits for disabled widow(er)s and adult children  For individuals who receive benefits as disabled widow(er)s (DWB) or disabled adult children (DAC), there are additional factors that could result in a termination of benefits. One of the primary reasons for benefit cessation in these cases is marriage.DWB benefits are based on the earnings record of the deceased spouse.  If a disabled widow(er) remarries, they may lose their eligibility for DWB benefits depending on the age of the widow(er) when they remarry.  DAC benefits are based on the earnings record of the disabled child’s parents.  If the disabled chil d marries, they would become ineligible for DAC benefits as the marriage would sever their claim to benefits from the record of their parent.  In addition, if an individual receiving DAC can sustain substantial work activity, it would similarly sever their claim to benefits based on a parent’s earnings record in most situations.  A child who is receiving DAC benefits, who marries and then divorces, is not eligible for DAC again. Incarceration Disability benefits will be suspended for individuals serving more than 30 days in prison or a penal institution after being convicted of a crime. Benefits will be reinstated the month following their release.  It is up to the individual to make sure that SSA is provided with proof of release from incarceration.  If incarceration is for more than one year, the individual will need to reapply for benefits.

  • SSI and Medicaid

    What is Medicaid? Medicaid is a jointly funded, Federal-State health insurance program for low-income and needy people. It covers children, the elderly, the blind, and/or individuals with disabilities, as well as other people who receive federally assisted income maintenance payments. Thirty-five states and the District of Columbia provide Medicaid eligibility to individuals who are eligible for Supplemental Security Income (SSI) benefits. In these States, the SSI application is also the Medicaid application. Medicaid eligibility starts the same month as SSI eligibility. The following jurisdictions use the same rules to decide eligibility for Medicaid as SSA uses for SSI, but require the filing of a separate application: Alaska, Idaho, Kansas, Nebraska, Nevada, Oregon, Utah, and the Northern Mariana Islands. The following States use their own eligibility rules for Medicaid, which differ from SSA's SSI rules. In the following states, a separate application for Medicaid must be filed: Connecticut, Hawaii, Illinois, Minnesota, Missouri, New Hampshire, North Dakota, Oklahoma, and Virginia. If I am on SSI and go to work, what happens to my Medicaid? One of the biggest concerns SSI beneficiaries have about going to work is the possibility of losing Medicaid coverage. Section 1619(b) of the Social Security Act provides some protection for these beneficiaries. To qualify for continuing Medicaid coverage, a person must: Have been eligible for an SSI cash payment for at least 1 month; Still meet the disability requirement; and Still meet all other non-disability SSI requirements; and Need Medicaid benefits to continue to work; and Have gross earnings that are insufficient to replace SSI, Medicaid, and publicly funded attendant care services. This means that SSI beneficiaries who have earnings too high for an SSI cash payment may be eligible for Medicaid if they meet the above requirements. SSA uses a threshold amount to measure whether a person’s earnings are high enough to replace his/her SSI and Medicaid benefits. This threshold is based on the amount of earnings which would cause SSI cash payments to stop in the person’s State and average Medicaid expenses in that State. If a SSI beneficiary has gross earnings higher than the threshold amount for his/her State, SSA can figure an individual threshold amount if that person has: Impairment-related work expenses; or Blind work expenses; or A plan to achieve self-support; or Personal attendant whose fees are publicly funded; or Medical expenses above the average State amount. We often hear the question, “Does Social Security disability count as income for Medicaid?” If you depend on these services, it is essential to understand how your benefits will impact your ability to maintain sufficient support, no matter your disability status. When you get Social Security Disability Insurance (SSDI), it may impact your eligibility for Medicaid, which provides healthcare for low-income individuals. If you need to know how SSDI affects your Medicaid benefits, we can help. While SSDI is considered income when determining Medicaid eligibility, the whole picture is more complex, and several factors come into play. How SSDI Impacts Medicaid Eligibility Medicaid eligibility is generally based on your income level. Each state sets its income thresholds, often tied to the federal poverty level (FPL). In 2024, the Federal Poverty Level (FPL) income limits are as follows: $15,060 annually for a single person $20,440 annually for a couple $25,820 annually for a family of three (For people receiving a full monthly SSI payment in 2025, the annual income is $11,604.00) For Medicaid eligibility, the income limits may differ. For non-elderly adults, the income limit is generally set at 133% of the FPL, translating to approximately: $20,120 annually for a single individual $27,691 annually for a couple If your monthly SSDI payments exceed the Medicaid income limits, you may no longer qualify for Medicaid, especially during the waiting period before you are eligible for Medicare. (Medicare for people who are awarded SSDI is not available until two years after your first SSDI-eligible month.  This is typically 5 months after your established onset date.)  This leaves many SSDI recipients in a difficult position, as they may lose Medicaid benefits before gaining Medicare coverage. Social Security Disability and Medicaid The answer to the question, “Does Social Security disability count as income for Medicaid?” is critical. Yes, SSDI is counted as income. Medicaid uses “modified adjusted gross income” (MAGI) to assess eligibility, and SSDI falls into that category. Although SSDI benefits are not always taxable, they are still considered income for Medicaid purposes. However, certain types of income are not included when calculating Medicaid eligibility, including: SSI (Supplemental Security Income) Workers’ compensation benefits Veterans’ disability benefits Child support payments In many states, SSDI recipients with a monthly income above $1,670 (or $2,265 for couples) may be disqualified from Medicaid due to these limits. Medicaid Expansion and the Affordable Care Act (ACA):  Does Social Security disability count as income for Medicaid The Affordable Care Act (ACA) widened Medicaid eligibility in many states. For residents in the 40 states that adopted this expansion, the increased limit allows more SSDI recipients to qualify for Medicaid during the Medicare waiting period.  Unfortunately, ten states did not expand their Medicaid programs, meaning SSDI recipients in these states may face more stringent income restrictions. Next Steps: Navigating SSDI and Medicaid Eligibility Determining how Social Security disability and Medicaid work together can be challenging, especially given the variability in state programs.  If you have been denied Medicaid due to income, you may have the right to appeal. Contact your local Medicaid agency for more information. Whether you are appealing a denial or seeking guidance on state-specific eligibility criteria, there are ways to secure the healthcare coverage you need during the waiting period for Medicare. Need guidance? Call us today (833) 438-7734 . We’re here to help. Navigating Social Security Disability can be overwhelming, but you don’t have to do it alone. If you have questions about the expectations, are unsure where to start, have been denied benefits, or just need honest answers, we’re here to help. 📧 Email: attorneyvicki@getssdi.org   📞   Phone: (833) 438-7734   🌐 Website:   www.getssdi.org

  • Understanding the Social Security Disability Timeline: What to Expect at Each Step

    Applying for Social Security Disability benefits can be a long and confusing process, especially if you’re not sure what to expect. Below is a breakdown of each step in the claims process, how long it usually takes, and what your responsibilities are along the way.  Please note:  These figures are rough estimates based on the current trends observed by our office, ManleyReynolds, PLLC. They do not  constitute legal advice or recommendations. If you speak with our office directly, the information provided may vary depending on the specifics of your situation. These estimates reflect general observations by our attorneys and should not be interpreted as guarantees or expectations. Step 1: The Initial Application The first step in applying for disability benefits is submitting your application to the Social Security Administration (SSA). As of March 5, 2024, SSA reports that it typically takes 6 to 8 months  for an initial application to be processed. However, this timeline can vary depending on, among other things: The type of disability How quickly medical records are obtained How quickly you return required forms Important:  The processing clock doesn’t start until your file is sent from the SSA field office to Disability Determination Services (DDS). Before that happens, your application must be complete. This means: You’ve signed your application You’ve submitted a work history report You’ve signed the SSA-827 (medical release form) The field office has no additional questions Once the file reaches DDS, that agency is responsible for: Gathering your medical records Sending additional questionnaires (if needed) Scheduling consultative exams (if needed) Making a decision to approve or deny your claim What We've Seen: In our experience, most initial applications are completed in 3 to 6 months. However, regardless of how long it takes, most initial applications are denied. g consultative exams. Step 2: Reconsideration After a Denial If your initial claim is denied, you have 60 days  from the date on your denial letter to request reconsideration . This step involves a second review by DDS and typically takes 6 to 9 months , although it depends on, among other things: How quickly you submit the required forms How fast the doctor/hospitals respond to medical records requests Any follow-up questions from DDS In our office, we’ve seen reconsiderations processed in 2 to 6 months  once the required paperwork is submitted. That said, some cases have taken 11 months or more . Important Note: Most claims are also denied at the reconsideration stage. Step 3: Hearing Before an Administrative Law Judge (ALJ) If you’re denied again at reconsideration, you can request a hearing before an Administrative Law Judge. You must do so within 60 days  of the date on your Reconsideration denial letter. Timeline and Process: Wait time for a hearing:  This depends on the local hearings office. In Michigan, it typically takes 6 to 9 months  for a hearing to be scheduled. Advance notice:  You’ll receive at least 75 days’ notice  before the hearing date. After the hearing:  Most ALJs issue a decision within 5 months , although this can be delayed if: Additional medical records are needed The judge allows extra time to gather them After the ALJ Decision: If the ALJ finds you disabled , benefits may begin within 2 to 4 months ; but this depends on your type of claim. For SSI claims: Payments and back pay are processed through the field office. They’ll contact you to review your assets , which affect your monthly payments. Back pay  is typically issued in three installments , six months apart. Any SSI payments you haven’t spent within six months count as assets , which could affect future eligibility. For SSD (Social Security Disability) claims: SSA usually won’t contact you directly. You should call your local field office to confirm your direct deposit details . Back pay  is issued in a lump sum , but payment processing can take 6 months or more . If you receive both SSI and SSD: The SSI asset limit  still applies. You may experience overpayment , especially if SSI starts before SSD is awarded. Hold onto any SSI funds until SSA confirms whether there’s an overpayment. If the judge finds you not disabled , you have 60 days  from the date on the Unfavorable Decision appeal to the Appeals Council . Step 4: The Appeals Council At this level, the Appeals Council does not reconsider your medical evidence  or decide your case again. Instead, it reviews whether the judge followed the law and whether their decision is supported by the medical record.  Even if the medical supports a finding of disability, the Appeals Council cannot overturn the Judge’s decision, just because they could reach a different one, there has to be either a finding the law was not followed or the decision of the ALJ is not supported by evidence. Timeline:  Reviews take 12 to 18 months No new forms or evidence are required The Council can: Uphold the denial Send the case back for another hearing Rarely, approve your claim Step 5: Federal Court Review If the Appeals Council denies your request, your final option is to file a lawsuit in federal court ; you must do this within 60 days  of the denial. Timeline:  Cases take 1 to 2 years No new evidence is submitted The court reviews whether SSA followed the law and whether the medical record supported the denial Here, again, the Federal Court cannot overturn the Judge’s decision, just because the record supports a different finding than what the ALJ decided If the court remands (returns) the case, you’ll go back to the hearing stage, with a timeline similar to the first ALJ request. Total Expected Timeline (Michigan) From initial application to a hearing before a judge, the process averages about 23 months  in Michigan. However, this varies depending on the specific facts of your case, medical history, how quickly paperwork is returned, and which hearing office and ALJ is assigned to the claim. Questions? Navigating Social Security Disability can be overwhelming, but you don’t have to do it alone. If you have questions about the expectations, are unsure where to start, have been denied benefits, or just need honest answers, we’re here to help. 📧 Email: attorneyvicki@getssdi.org   📞   Phone: (833) 438-7734   🌐 Website:   www.getssdi.org Reach out today. We’re ready to listen and guide you every step of the way.

  • Say Goodbye to Paper Checks: Why Paper Checks Are Going Away (And What You Need to Know)

    Heads up! If you’re still getting your Social Security benefits through paper checks, there’s a big change coming that you need to know about. Starting September 30, 2025 , the Social Security Administration (SSA) will stop sending out paper checks. Instead, they’re moving toward electronic payments, such as direct deposit  to your bank account or using a Direct Express debit card . This move is part of a larger effort by the government to modernize payment systems, save money, and cut down on fraud. If you receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you may have heard that the Social Security Administration (SSA) is no longer issuing paper checks.  This shift to electronic payments has left many people wondering: Why is this happening? What do I need to do? And are there any exceptions? Let’s break it down. Why is Social Security Stopping Paper Checks? The U.S. Department of the Treasury began phasing out paper checks for federal benefits (including SSDI and SSI) in 2013 . The main reasons are: Security : Electronic payments are safer and reduce the risk of lost or stolen checks. Speed : You get your money faster—no need to wait for the mail. Cost savings : Direct deposit or debit card payments save the government money on printing and mailing checks. This change affects not just disability payments but also retirement, survivor, and veterans' benefits. What Do I Need to Do If I Still Get Paper Checks? If you're still receiving paper checks for Social Security or SSI, you’ll need to switch to one of the following electronic options: Option 1: Direct Deposit Your benefits go directly into your bank or credit union account. This is the fastest and most common option. How to sign up: Visit www.godirect.gov Call the Go Direct helpline at 1-800-333-1795 Or sign up through your local Social Security office Option 2:  Direct Express® Debit Card If you don’t have a bank account, you can get your payments loaded onto a Direct Express® Debit Mastercard® . You can use this card to: Make purchases Get cash at ATMs Pay bills online No credit check or bank account is required to sign up. What If I Can’t Open a Bank Account? Not a problem. The Direct Express® Debit Card  is designed for people in this exact situation. It’s a safe and convenient alternative to a bank account. The card works wherever Mastercard is accepted, and it doesn’t require you to maintain a balance or pay monthly fees. What Happens If I Don’t Switch? If you don’t voluntarily make the switch, the Treasury Department may automatically enroll  you in the Direct Express® Debit Card program. That means your paper checks will stop, and you’ll begin receiving payments on the debit card instead. You risk delays or complications if you don’t take action, so it’s best to make the change ahead of time. What Does This Mean for You? If you currently receive your benefits via paper check, you’ll need to make the switch to an electronic payment method before  the September deadline. Don’t wait until the last minute. Setting up direct deposit is quick and easy, and it ensures your money lands securely and on time each month. You can make the switch by: Signing up through your bank or credit union Creating a mySocialSecurity account  online Visiting your local Social Security office Are There Any Exceptions? Yes, but they’re limited. You may be able to continue receiving paper checks if you qualify for a waiver . Exemptions may be granted if: You’re over age 90 You have a mental impairment or other condition that prevents you from managing electronic payments You live in a remote location without access to banking services or the internet To request a waiver, you’ll need to submit a written request  and explain your situation. Contact the Social Security Administration or the U.S. Treasury for assistance. Why This Change? Moving to digital payments helps make the system safer and more efficient. Electronic payments are faster, more reliable , and reduce the risk of lost or stolen checks. This is to reduce Social Security fraud and payment issues.  Social Security’s move away from paper checks is about making disability payments safer, faster, and more efficient. While it might feel like a big change, there are secure and accessible options, whether you have a bank account or not. If you haven’t already switched, take action soon. The sooner you make the move, the smoother your benefits will continue. Have questions or need help making the switch? Reach out to your bank, visit SSA.gov , or stop by your local Social Security office. Questions? If you have questions about your Social Security disability benefits or need help making the switch to electronic payments, we’re here to help!  Call us at 833-438-7734 or email attorneyvicki@getssdi.org ; we’re happy to walk you through your options.  Resources: Go Direct Program Social Security Administration Direct Express®: www.usdirectexpress.com

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