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Can I Get Disability Benefits If I Can Work Part-Time?

November 18, 2014 by John Walt Leave a Comment

People are often under the impression that Social Security Disability Insurance benefits, or SSDI, are only available if you absolutely cannot work at all. In fact, you may be able to work some and still qualify for SSDI benefits. Maybe you are thinking of applying for Social Security disability benefits, or have already filed, but you work part-time? Or maybe your condition is getting better, and you would like to try going back to work? You may be wondering if this will affect your ability to collect your benefits. The answer is yes and no, depending on what program you may qualify for. An experienced Michigan SSDI attorney can be of great help in evaluating your legal options.

When initially applying for SSDI, there are many factors that may determine your ability to work such as medical documentation, age, and health status. Yet, it is possible to still receive benefits even if you can perform certain types of work – sedentary, part-time, or other types of limited working environments. Still, you may have to have a medical-vocational assessment, which includes the residual functional capacity (RFC) assessment to see what level of work you might be capable of handling as well as things such as education level, skill level, previous work experience, and transferability of skills. Only being able to work part-time as opposed to full-time does not necessarily qualify you as disabled. On the contrary, if any of these assessments show that you are capable of working full-time, you may not be qualified for SSDI benefits.

Generally, the reason you have filed for disability is because you are unable to perform work and provide financially for yourself. This is why you need these benefits. There may, however, be times down the road when you have acquired new skills and are able to perform a new type of work, or you have found part-time work that you are able to do. Your SSDI benefits will not necessarily stop in this situation. There are a few programs in place that allow one to work and still receive SSDI benefits. Each has specific criteria that must be met and followed in order to be a part of the program, or you may lose your benefits permanently. Mainly, you must advise the SSA when you start or stop work; if your duties, hours, or pay scale changes; and if you have any disability related expenses. The following programs are available under the Social Security Disability Insurance program:

The Ticket to Work Program
The Trial Work Period
Expedited Reinstatement

If you are currently receiving SSDI benefits and become able to work part-time, one of these programs may allow you to continue to receive your SSDI benefits while you transition back to work and/or allow you to earn a small income while continuing to receive your SSDI benefits.

If you need additional information, or have specific questions or concerns, contact the experienced Michigan Social Security benefits attorneys at Slusky and Walt, the American Benefit Experts, by calling 1-800-ABE-HELPS (1-800-223-4357) today to schedule your free consultation.

Are Trucks Required by Federal Law to Carry Insurance?

November 13, 2014 by Howard Slusky Leave a Comment

Despite the inherent danger they pose to others on the roadway, tractor-trailers and other large trucks are a common site on America’s roadways. The reason for this is simple – we have yet to find a more efficient method to move cargo from point A to point B in the United States. Fortunately, these mammoths of the roadway are heavily regulated by the federal government. For example, tractor-trailers and other large trucks are required by federal law to carry insurance. If you are ever injured in a Michigan trucking accident in which the truck was at fault you should (at least) be able to count on the defendant having adequate insurance coverage to cover your damages.

Injuries caused in a trucking accident are frequently severe, even fatal. The laws of physics tell us that the average passenger vehicle weighing in around 4,000 pounds does not stand a chance against a fully loaded semi-truck weighing 80,000 pounds. With this in mind, the U.S. federal government requires large trucks to carry sufficient liability insurance to adequately compensate most victims should a truck cause, or contribute to, a collision.

Title 49, Section 387 of the United States Code of Federal Regulations is where most federal insurance requirements can be found. Trucks weighing over 10,000 and carrying non-hazardous cargo are required to maintain a liability insurance policy with a minimum limit of $750,000 for injuries to people and/or property. Trucks with a gross weight of under 10,000 pounds and carrying non-hazardous cargo must carry at least $300,000 in liability insurance at all times.

If the truck is carrying hazardous cargo the insurance requirements increase. A tractor-trailer hauling hazmat is required to carry at least $1 million in liability insurance and potentially as high as $5 million. Trucks under 10,000 pounds carrying hazardous materials are also required to have at least $5 million in liability insurance.

Clearly, no amount of compensation is worth the injuries that all too often occur in a trucking accident; however, it is reassuring to know that if you, or a loved one, are injured in a Michigan trucking accident, compensation should be available if the truck was at fault.

If you have been injured in a Michigan trucking accident you may be entitled to compensation for your injuries. Contact the experienced Michigan trucking accident attorneys at Slusky and Walt, the American Benefit Experts, by calling 1-800-ABE-HELPS (1-800-223-4357) today to schedule your free consultation.

What Is The Deadline for Filing a Personal Injury or Wrongful Death Case after a Truck Accident in Michigan?

November 11, 2014 by John Walt Leave a Comment

The victim of a motor vehicle accident often suffers serious physical and emotional injuries as a result of the collision. When a collision involves a tractor-trailer or other large truck the risk of severe, even fatal, injuries is increased dramatically because of the sheer size and weight of the truck. If you have been injured in a Michigan trucking accident, or are the surviving family member of someone killed in a trucking accident, you could be entitled to compensation for your injuries. One important question that must be answered though is “ What is the deadline for filing a personal injury or wrongful death case after a truck accident in Michigan? ”

Fortunately, the law does allow the victim of a trucking accident to pursue compensation from an at-fault party in the State of Michigan; however, the law also limits the amount of time a victim has to pursue that compensation. Known as a “statute of limitations”, or SOL, these laws are intended to create a fair system of compensation for victims of personal injury accidents. Limiting the time a victim has to litigate a claim of negligence ensures that a defendant has a fair chance to defend the claims made against the defendant. When an extensive amount of time has passed since the alleged accident it becomes virtually impossible for a defendant to locate evidence and/or witnesses that can be used to defend the claims. Therefore, the law limits the timeframe within which a personal injury accident or wrongful death claim can be brought in the State of Michigan.

The statute of limitations in Michigan for most personal injury accident claims, including trucking accident claims, is three years. This means that if you fail to file a lawsuit in the appropriate civil court within three years from the date of the accident you will likely be forever barred from filing the lawsuit. The SOL for wrongful death arising from a trucking accident is also three years in the State of Michigan. Your lawsuit does not need to be resolved within the three year SOL period but it must be filed to protect your right to compensation.

Common SSDI Questions Answered

November 7, 2014 by Howard Slusky Leave a Comment

At Slusky & Walt, our lawyers get many great questions about SSDI (social security disability insurance). We are happy to answer all of them, and with that, do you know what the most frequently asked questions about social security disability are? SSDI is a complicated program that is very particular about approving those who are in the program. With that comes many questions, and today, we will be answering a few of them. These questions include, how do you apply for SSDI, who makes the SSDI decision, and how do you qualify for SSDI?

How do you apply for SSDI?

Filing online has never been easier. When you visit the Social Security Administration’s website, you will be able to apply for SSDI. You will complete the application online. Expect to get a phone call from one of the SSA reps if there are any questions regarding your application. If you did file your SSDI online, it isn’t a bad idea to follow up with the office to be sure your application was received.

Who makes the SSDI decision?

SSDI is an important decision that is put in the hands of an ALJ. ALJ, also known as an administrative law judge, approves the final decision whether or not your SSDI is approved.

How do you qualify for SSDI?

Qualifying for SSDI takes special requirements. Visit our previous blog post to understand what these qualifications are.

Make an appointment with your social security disability lawyer in Flint, MI now to get the assistance you need.

Can I Get Social Security Disability If I Suffer from Diabetes?

November 6, 2014 by Howard Slusky Leave a Comment

As a diabetes sufferer, your symptoms and complications may eventually prevent you from working. If that occurs, you may be entitled to benefits through the Social Security Disability Insurance, or SSDI, program.

Diabetes mellitus 1 and 2 are conditions that affect the pancreas’ ability to produce insulin. Type 1 is diagnosed in childhood and because the body does not produce insulin, or produces insufficient insulin, requires insulin injections. Type 2, or adult onset, is based on the body’s immune response to insulin. In this form, the body is resistant to the insulin being produced, and therefore is lacking the means to metabolize sugars ingested. It is usually the result of poor diet, lack of exercise, and occasionally is hereditary. Both can be life long debilitating diseases depending on treatment response and compliance. Diabetes can mean a simple lifestyle change or a complicated disease that slowly takes away the freedom to enjoy life. If you find that your diabetes is preventing you from working and causing a decline in your health, SSDI may be available to those who qualify.

Depending on what type you have, you may be wondering if you qualify for SSDI benefits in the event that full-time work has become a problem for you. The qualification process is complicated and many requirements must be met; however, many are able to qualify based on their existing history and complications arising from the disease. Take note that diabetes itself has been removed from the qualifying list, or Blue Book, for SSDI as of 2011 because type 2 can be a preventable disease and treatments are usually effective in managing both types of the disease. Therefore, you must be able to prove that issues arising from the disease are causing disability. Some of these issues include, but are not limited to:

neuropathy (nerve damage) which results in motor skill disturbance
retinopathy that affects visual ability
acidosis
cardiovascular disease
kidney problems
digestive problems
high blood pressure
skin infections
amputations

If you are affected by any of these complications you will likely need to secure documentation from specialists and/or from your primary care physician that states that the complications are from diabetes and that your diabetes is impairing your ability to perform work. There is also the residual functional capacity (RFC) form from SSDI that is used to determine what level of work, if any, you are able to perform despite your complications. It is possible to still receive benefits even if you can perform certain types of work – sedentary, part-time, or other types of limited working environments. Because of the complex nature of the application process it is always best to have an experienced Social Security Disability Insurance attorney assist you throughout the process to ensure compliance with the SSDI guidelines.

Because this disease tends to have limitations and requires considerable evidence to prove disability, many claims are initially denied. The help of a qualified SSDI attorney is beneficial in helping to prevent delays in qualifying and receiving benefits. Many attorneys are able to take their costs directly out of the first SSDI check upon approval. This can be helpful to those struggling financially while they work on their claim. If your diabetes is preventing you from holding down a job, contact an experienced Michigan SSDI attorney soon to begin the application process and prevent any further financial decline.

To learn more, please download our free Social Security Disability Insurance in Michigan Work Programs here.

What Compensation Can I Collect for a Dog Bite in Michigan?

November 4, 2014 by John Walt Leave a Comment

Injuries sustained in a dog bite can be particularly devastating because of the emotional trauma a dog attack often causes in addition to the actual physical injury. When the victim is a child, the psychological impact of a dog bite is often felt well into adulthood. Whether you yourself are the victim of a dog bite or you are the parent of a victim you may be wondering “ What compensation can I collect for a dog bite in Michigan? ”

Dog bite injuries are a type of personal injury and are, therefore, handled similarly to other personal injury lawsuit such as car accidents or medical malpractice claims. Unlike other types of personal injury cases, however, Michigan does not require a victim to prove negligence on the part of the dog owner. Instead, Michigan has a strict liability dog bite law that holds an owner responsible for injuries caused by a dog regardless of whether the owner attempted to prevent harm or not. Michigan’s dog bite law reads, in pertinent part, as follows:

“If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”

As the victim of a dog attack you may be entitled to both economic and non-economic damages. Economic damages are out of pocket expenses such as the cost of medical treatment, rehabilitation expenses, and lost income. Dog bites can cause significant injuries. If the bite broke the skin there is frequently a very real risk of serious infection along with the damage done by the bite itself. All of the costs associated with treating the bite are compensable.

Non-economic damages cover the emotional trauma caused by the attack and are, therefore, subjective in nature. Unlike other types of personal injuries, the non-economic portion of a dog bite settlement or award is often substantial, particularly if the victim is a child. Any accident can cause emotional trauma; however, dog attacks can psychologically scar a victim for life. Years of counseling may be required before the victim can begin to heal the emotional wound caused by the attack.

If you are the victim of a Michigan dog bite, or are the parent of a victim, consult with an experienced Michigan dog bite attorney immediately to ensure that you are fully and fairly compensated for all your injuries.

What Is My Car Accident Claim Worth in Michigan?

October 30, 2014 by Howard Slusky Leave a Comment

If you were recently injured in a car accident in Michigan and you believe that the other driver was at fault in the collision you may be entitled to compensation for your injuries. Understandably, one of the first questions victims of a motor vehicle accident have is “ What is my car accident claim worth in Michigan? ” The value of a car accident claim depends on numerous factors. While the best way to get an idea what your claim is worth is to consult with an experienced Michigan car accident attorney, a better understanding of the factors that go into determining the value of a claim is a good place to start.

No two motor vehicle accidents involve exactly the same facts and circumstances; however, there are some common factors that are considered when evaluating the value of a claim, including:

Negligence – negligence is the legal term used to refer to fault or responsibility in a personal injury accident. For a victim to be entitled to compensation for injuries sustained in a car accident another party’s negligence must have caused, or contributed to, the accident. Your own negligence can reduce the value of your claim. For example, if the other driver made a left hand turn in front of you, clearly failing to yield to you when you had the right of way, the other driver would be considered negligent. If, however, you were also speeding at the time, you might share in the negligence. You might be found to be 20 percent responsible and the other driver 80 percent. The value of your claim would then be reduced by your share of the blame, or 20 percent.

Severity of injuries – both economic and non-economic damages may be available to a victim. Economic damages are things like medical bills and lost wages while non-economic damages are what people typically refer to as “pain and suffering”. The value of both types of damages will depend, to a large extent, on how severe the injuries were. If the injuries caused permanent damage, scarring, disfigurement, or anything else that will never completely heal the value of the claim will be higher than if the injuries were minor and expected to heal completely.

Liability limits – in reality, the liability limits of the negligent party’s insurance may also play a role in evaluating a claim. Although you can pursue other avenues for payment, such as putting a lien on property owned by the defendant, most claims are paid for by insurance. Therefore, the at-fault party’s liability insurance limits will be a factor when determining how much the defendant can realistically pay the victim.

If you have been injured in a Michigan car accident you should consult with an experienced Michigan car accident attorney as soon as possible after the collision to ensure that your rights are protected and that you are fairly and fully compensated for all your injuries.

What are Survivors Entitled to in a Michigan Wrongful Death Lawsuit?

October 28, 2014 by John Walt Leave a Comment

The loss of a family member or loved one is a devastating time for anyone. Along with the emotional grief cause by the loss you may also be dealing with financial hardship as a surviving family member. Clearly, no amount of money can truly compensate you for the loss of a loved one; however, if the wrongful conduct of another person or entity caused, or contributed to, the loss of your loved one the law does allow you to recover monetary damages that may ease the financial burden caused by the loss of the decedent.

In the State of Michigan, wrongful death is defined as an intentional or unintentional wrongful act or omission that causes an injury that results in the death of a legally living person (unborn fetuses do not apply). Only certain survivors may be legally entitled to pursue compensation is a wrongful death lawsuit, including:

spouses (even separated or divorced spouses as long as no default of orders is present)
children
parents
grandparents
siblings – including children of both the deceased and the surviving spouse
anyone who may have been written into a Last Will and Testament

Only be one wrongful death may be filed against an at-fault, or negligent, party. In Michigan, the representative of the decedent’s estate officially files a wrongful death lawsuit with the survivors joining in if they believe they are entitled to compensation.

Damages that may be recovered in a wrongful death lawsuit come in two forms – compensatory and punitive. Compensatory damages are intended to compensate a survivor for actual losses whereas punitive damages are intended to punish a defendant. As such, Michigan rarely allows recovery of punitive damages. Compensatory damages may include things such as:

loss of wages and income from the decedent, including potential earnings
pain and suffering of the deceased prior to death, and that of the survivors
damaged property costs
intangible benefits such as companionship and guidance of the deceased, such as with children
hospital, medical, funeral, and burial expenses

When discussing income loss, standard actuarial tables are useful in determining amounts based on age, gender, and life expectancy. The salary of the deceased is multiplied by the number of years he or she could have lived, and then is adjusted for inflation. Other factors such as health status, and the kind of work the decedent performed are also considered. Additionally, there are set amounts defined by the state that are designated to a decedent who was a homemaker, as they usually do not receive a paycheck. The insurance companies tend to divvy up the tasks of the homemaker and assess the monetary amount it would take to hire someone else to do these tasks.

If you believe you are the survivor of a wrongful death it is imperative that you consult with a Michigan wrongful death attorney as soon as possible. Although you may not wish to think about legal action during his difficult time in your life, the law only allows you a specific period of time within which to pursue compensation. If your loved one supported you while he or she was alive it is safe to assume that your loved one would want you to have any compensation to which you are entitled as a result of his or her wrongful death. Contact an experienced Michigan wrongful death attorney as soon as possible to discuss your legal options.

What Is Medical Negligence?

October 23, 2014 by Howard Slusky Leave a Comment

Doctors, and other healthcare professionals, are human, just like the rest of us. As such, they make mistakes just like the rest of us. Sometimes those mistakes are relatively harmless; however, in other cases a medical error can amount to medical negligence and may cause serious, even fatal, injuries to a patient. When that is the case, the patient, or surviving family members, may have the basis of a medical malpractice lawsuit. Because of the complex nature of medical negligence cases it is always best to consult with an experienced Michigan medical malpractice attorney immediately if you suspect that you are the victim of medical negligence.

Medical negligence is defined as “professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.” Common examples of medical negligence include:

Misdiagnosis
Failure to diagnose a condition
Delay in treatment
Surgical error
Anesthetic error
Prescription medication errors

As a general rule, if you received care from a healthcare professional and that care resulted in injury, caused your condition to worsen, caused unnecessary or unexpected complications, or required additional medical treatment, you may be the victim of medical negligence. Medical negligence is not limited to physicians, as any licensed health care professional can be held responsible for negligence, including dentists, nursing homes, hospitals, nurses, and pharmacists.

If you believe you are the victim of medical negligence it is crucial that you consult with an experienced medical malpractice attorney immediately. In Michigan, the professional malpractice statute of limitations is two years, meaning your lawsuit may be barred if you do not commence legal action before the end of the applicable statute of limitations. According to the law, actions must be filed within the two year statute of limitations period OR within six months of discovery, up to a maximum of six years following the date of the act or omission that brought about the injury. If the negligence was not immediately recognizable though, the “discovery rule” may provide additional time after the injury is discovered to proceed with legal action. Furthermore, if the child was a minor, there are yet more laws in place to protect their right to suit.

If you need additional information, or have specific questions or concerns, contact an experienced Michigan malpractice attorney as soon as possible.

Are Trucks Required by Federal Law to Carry Insurance?

What Is The Deadline for Filing a Personal Injury or Wrongful Death Case after a Truck Accident in Michigan?

What Compensation Can I Collect for a Dog Bite in Michigan?

What Is My Car Accident Claim Worth in Michigan?

What are Survivors Entitled to in a Michigan Wrongful Death Lawsuit?

What Is Medical Negligence?

Slusky & Walt, P.C.

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