Michigan Disability Law FAQs
Q. How does Social Security decide if I am disabled?
A. Disability under Social Security for an adult is based on your inability to work because of a medical condition. To be considered disabled: You must be unable to do work you did before and we decide that you cannot adjust to other work because of a medical condition. Your disability must last or be expected to last for at least one year or to result in death.
Q. What is Medicare?
A. Medicare is a federal government plan to provide medical insurance to persons age 65 or over, those that are disabled that have been receiving Social Security benefits for 24 months, and those persons who are receiving kidney dialysis treatments. It is divided into two parts: hospital insurance and medical insurance.
Q. When do I qualify for Medicare?
A. Generally, eligibility for Medicare occurs at age 65, unless you are disabled. At age 65, or at an earlier age if you are eligible, you must enroll in Medicare health insurance (both hospital - Part A, and medical - Part B) through the Social Security Administration to maintain maximum benefit coverage.
Q. What is a “Tax Qualified” long-term care insurance policy?
A. Eligibility for you to have benefits paid by the insurance company are based on the need for “substantial assistance” to perform at least 2 out of 5 activities of daily living or you have severe mental impairment which requires “substantial supervision.” Your doctor must certify that your disability will last at least 90 days.
Q. When dealing with a WC case, what is "a reasonable expectation" of Medicare enrollment within 30 months?
A. Situations where an individual has a “reasonable expectation” of Medicare enrollment for any reason include but are not limited to: a) The individual has applied for Social Security Disability Benefits; b) The individual has been denied Social Security Disability Benefits but anticipates appealing that decision; c) The individual is in the process of appealing and/or re-filing for Social Security Disability Benefits.
Q. What if I think the judge or prosecutor is biased?
A. The defense attorney may ask the judge to withdraw himself from the case or he may file a motion with the court.
Areas of Practice
