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Michigan Social Security Disability Law Blog

PTSD and Social Security Disability

With the number of individuals applying for Social Security Disability Income benefits for injury or illness, there will always be pressure to not cover certain injuries or ailments. Unfortunately, some such injuries or ailments are very real and are too often summarily dismissed.

A recent case heard in the U.S. Court of Appeals for the 7th Circuit Court weighed in on whether Post Traumatic Stress Disorder (PTSD) was such a malady that would warrant coverage. The plaintiff in that case was a Vietnam veteran who, like so many of our soldiers returning from Iraq and Afghanistan, has had significant problems adjusting to civilian life. His wife testified that her husband thrashes in his sleep, sits in the garage with a gun during rainstorms, and has PTSD attacks triggered by lights blinking, particular smells, loud noises and the feeling of damp clothing. The plaintiff claims he has been unable to hold a job since December 31, 2000.

Applying for Social Security Disability Insurance

A large number of people applied for Social Security Disability Insurance (SSDI) claim in 2011 and this number might be surprising considering that we have an aging population. Many claims are denied and the number of denials obviously demonstrates why attorney representation during all steps of the process is highly recommended.

Employers do not always make accommodations for disabled job seekers and thus these individuals have no choices but to file Social Security Disability claims. Of the millions of claims filed in 2011, approximately 1.5 million continue to wait for a decision concerning their applications. Thus the process is sometimes long and is often followed up by a denial. Yet Michigan applicants denied their claims at the initial level should not let their frustrations get in the way of continuing on with the process.

Michigan residents in continuous need of disability benefits

For residents of Michigan, now sickened or injured and unable to work, Social Security Disability Insurance may be all that is left to keep them out of poverty. For all the hype, instances of abuse of the system are quite rare and can be easily remedied by other means than gutting the entire system.

Receiving disability benefits through the Social Security program is a difficult process, and not all applications are approved. Approval of almost every sort of claim has become more stringent in recent years and requires objective evidence of injury or illness.

Goals of Social Security are changing

Recent revisions to Social Security are significant in that the connection between Social Security taxes and benefits received has essentially disappeared. Instead, Social Security has recently been framed as a jobs program, and it's difficult to know how impactful this will be upon Michigan recipients.

In 2010 we had the Hiring Incentives to Restore Unemployment Act (HIRE), which has allowed employers hiring new workers during a certain period of 2010 to qualify up to a 6.2 percent payroll-tax deduction. However, the deduction does not in any way affect the employee's retirement benefits. And in 2011, Congress passed legislation allowing for workers to pay 4.2 percent instead of 6.2 percent employee taxes for the entire year. Now Congress is even thinking of extending the reduced rates into 2012.

Unemployment rates higher for the disabled

Individuals with a disability are 60 percent more likely to be experiencing unemployment than those that are not disabled. In 2011, the unemployment rate for disabled individuals was at 13.1 percent while it was 8.1 percent for the rest of the population. So while many individuals are unable to obtain employment, their situations are even more exasperated by at the same time being denied Social Security Disability Benefits for either illness or injury.

Disabled people are disproportionately below the poverty line, more likely to be unable to afford their mortgage payments, behind on their bills and often have had their utilities shutoff while awaiting disability benefits. It should not be forgotten that these same individuals paid for their Social Security Disability Income (SSDI) benefits through payroll taxes while they were able to work.

Women in need for Social Security Disability

Though much has changed for Michigan women in the workforce during recent years, problems continue to arise that can be particularly unique to their gender. Their economic circumstances tend to be different since women on average earn less but live longer than men. Women in dire financial circumstances who are unable to work because of an illness or injury are likely to be even more dependent upon Social Security Disability than men.

Women should seek whatever financial advice they can find to specifically make plans concerning their personal circumstances. This includes estimating retirement benefits that the individual woman will receive from Social Security, and it also includes making changes to ones 401K to determine what other supplemental income can be counted on during retirement years.

Disability leads to man owning a home

An unemployed and disabled man moved from Michigan to Toledo in hopes of finding a job. Unfortunately, he still has not been able to find a job and at one point did not have enough money for rent. With a wife and six children, the family was evicted and the homestead soon became their mini-van. The facilities the family used were the restrooms at various truck stops.

The disabled man had suffered a stroke that required a week of hospitalization. They were able to locate temporary shelter through the assistance of charity. However, the reason that they finally were able to get into a home of their own was disability benefits that he received from the government. However, the disabled man is also awaiting Social Security Disability Benefits as well to supplement the other sources of income that he has received.

Social Security Disability backlogs still occurring

Injured individuals applying for Social Security Disability Benefits often are kept waiting by the Social Security Administration. Some individuals have died while waiting for their benefits to be processed. One individual was approved for benefits nine-days after he had passed away. Another individual that was shot four-times is still waiting for his benefits some four-years later.

Applications for disability payments are on the rise because of high unemployment rates. There were more than 3 million applicants in 2011, and 771,318 of these individuals were still waiting for their cases to be heard at the end of September. However, the backlog has recently decreased.

Mental health disability on the increase

There are approximately 2 million adults in the United States afflicted with mental health disability, and reports of such disability have increased significantly during the last 15-years. One significant finding is that those reporting disability frequently have less access to mental health services within their communities.

There has been an increased reporting of the prevalence of depression both in the United States and in Great Britain. This does not necessarily suggest that mental illness has necessarily increased. It may only mean that reporting of such illnesses has greatly improved from that in the past. However, it should be pointed out that psychological distress has increased over time and may have contributed to more mental illness.

Social Security Disability under review

Michigan residents who are unable to work because of a disability may be eligible to apply for Social Security Disability (SSD). The program offers financial help and health-care benefits to those in need, and will reach more than 10 million Americans this year.

However, apparently not everyone who suffers from a disability in the end receives SSD benefits. This is because of the lack of consistency among the approximately 1,500 judges who hear Social Security Disability appeals.

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