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Social Security Benifits
Our law office primarily handles Social Security claims that come in two forms: claims for Social Security Disability and Social Security Insurance. Social security disability is geared toward paying benefits to individuals with substantial work histories who have lost their ability to work, while Social Security Insurance is similar but typically pays less benefits and requires a lack of significant income or assets to be eligible.
Eligibility under either social security program requires that a social security claimant be disabled.
Social Security
For purposes of qualifying for social security disability or social security insurance, disability is defined as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. To determine a social security claimant’s capabilities, the Social Security Administration performs a Residual Functional Capacity (RFC) assessment.
The RFC assessment combined law and fact; it is a combined legal and medical evaluation. It employs charts that utilize factors such as age, diagnoses, educational background, and work history to determine whether a social security claimant is disabled or not disabled. However, many social security claimants do not fit neatly into the charts, so when the Social Security Administration denies a social security claim, our Michigan lawsuit attorneys can often argue that our social security clients more appropriately fit into a different area of the chart, thereby allowing our social security clients’ claims to be approved.
Get What You Deserve
Social Security
A key distinction between social security claims at the lower levels and the Federal Court level is that it is prior case law, rather than the aforementioned social security disability determination guidelines and charts, that are determinative. Therefore, decisions on social security claims that are arguably consistent with social security disability determination standards may be reversed at the federal court level when the decisions contradict prior social security case law.
Having a skilled Michigan lawsuit attorney with knowledge of social security case law is the key to a disabled person winning a social security claim at the federal court level. To speak with a Michigan lawsuit attorney, contact MichiganLawsuit.com at (855) LAW-MICH.
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In Michigan, auto accident victims are entitled to two types of damages: no-fault benefits (Personal Injury Protection or PIP benefits), covering economic damages regardless of fault and applicable to a wide range of motor vehicle-related accidents, and pain and suffering damages (non-economic damages), which are recoverable from the at-fault driver’s insurance or the victim’s own insurer in case of uninsured or underinsured motorists, provided the victim suffers from death, serious impairment, or permanent disfigurement. No-fault benefits include work loss reimbursement, medical treatment, and, in case of death, survivor’s loss benefits, while eligibility for pain and suffering damages requires demonstrating significant injury or disfigurement. The MichiganLawsuit.com team is dedicated to representing auto accident victims assertively, with contact details provided for potential clients to reach out for legal assistance.
Landlords or property owners are liable for injuries caused by hazards on their property if they fail to fulfill their legal duties to the injured person, such as failing to address dangerous conditions like poor stairway construction or building code violations, with liability depending on whether they were aware of the hazard. The level of duty owed varies based on the injured person’s status on the property: invitees, who are there for economic benefit to the owner and are owed the highest duty, including property inspection and hazard repair or warning; licensees, who have permission to be on the property without economic benefit to the owner and are only warned of known hidden dangers; and trespassers, who are owed the least duty, primarily to not be intentionally or recklessly harmed.
Negligence in personal injury lawsuits is defined as the failure to use the care a reasonably careful person would, covering a vast array of accidents like dropping an object on someone's foot or hitting someone with a golf club by accident. These incidents are often covered by the negligent party's homeowner's insurance, allowing for potential significant recoveries, and may also involve the employer's insurance if the act occurred within the scope of employment. Strengthening a negligence lawsuit involves promptly taking photos, collecting witness information, and contacting legal assistance, such as MichiganLawsuit.com.
Michigan dog bite law holds dog owners liable for bites occurring on public or lawfully accessed private property, without provocation, regardless of the dog's previous behavior or the owner's knowledge of such. Defenses in these lawsuits typically hinge on proving the victim provoked the dog or was trespassing, with provocation being determined by the jury based on specific case circumstances, and lawful presence challenging trespasser claims through evidence of implied consent to property access. Success in dog bite lawsuits in Michigan significantly relies on experienced legal representation to navigate defenses and maximize potential settlements or verdicts.
Michigan product defect lawsuits necessitate proving a product's defect caused an injury, with potential theories including negligent design, manufacture, failure to warn, breach of warranty, or misrepresentation/fraud. For negligent design, it must be shown that a product's design posed an unreasonable risk of injury that was foreseeable, with a safer, practical alternative design available but not used. Negligent manufacture claims focus on deviations from the product's design creating danger, while failure to warn involves not informing about a product's risks; both breach of warranty and misrepresentation claims revolve around false assurances about a product leading to harm.
Medical malpractice occurs when a healthcare professional fails to provide care at the standard expected of a reasonably prudent counterpart in similar conditions, making them liable for any resulting harm to the patient. Given the procedural complexities and the need for thorough preparation, including securing expert witnesses and compiling necessary documentation, enlisting a competent Michigan attorney promptly is essential. Michigan law imposes a two-year filing deadline for medical malpractice lawsuits, underscoring the importance of early legal consultation to ensure timely and adequately prepared case submission.
The MichiganLawsuit.com office specializes in Social Security claims, handling both Disability (for those with significant work histories now unable to work) and Insurance (for those without substantial income/assets), with eligibility for both requiring proof of disability as defined by an inability to engage in substantial gainful activity due to physical or mental impairments. The Social Security Administration conducts a Residual Functional Capacity (RFC) assessment to determine eligibility, utilizing factors like age and work history, though decisions can be appealed with the help of attorneys if initially denied. Appeals may progress from administrative judges to the Federal Court, where case law, rather than standard guidelines, influences the outcome, highlighting the importance of experienced legal representation in securing benefits.
The MichiganLawsuit.com office specializes in Social Security claims, handling both Disability (for those with significant work histories now unable to work) and Insurance (for those without substantial income/assets), with eligibility for both requiring proof of disability as defined by an inability to engage in substantial gainful activity due to physical or mental impairments. The Social Security Administration conducts a Residual Functional Capacity (RFC) assessment to determine eligibility, utilizing factors like age and work history, though decisions can be appealed with the help of attorneys if initially denied. Appeals may progress from administrative judges to the Federal Court, where case law, rather than standard guidelines, influences the outcome, highlighting the importance of experienced legal representation in securing benefits.
The MichiganLawsuit.com office handles employment and civil rights lawsuits, including workplace harassment, discrimination, defamation, ERISA, and FMLA claims, offering legal recourse for various workplace injustices. Recoverable damages in these lawsuits can include noneconomic and economic losses, such as physical and emotional suffering, wage and benefit loss, attorney fees, and punitive damages. Each type of lawsuit has specific criteria and procedures, with potential for significant recoveries and remedial actions, emphasizing the importance of legal representation to navigate the complexities and enforce the rights of affected individuals.
An attorney may be liable for monetary damages to a client if their negligence results in the client's loss, such as losing a case or diminished case value, with legal malpractice being the actionable path for clients. In legal malpractice actions within Michigan, the plaintiff must demonstrate the existence of an attorney-client relationship, prove the attorney's negligence, and link the attorney's actions directly to the damages incurred. Michigan law defines legal malpractice as a failure to perform with the competence expected of a lawyer under similar circumstances, and an attorney-client relationship can be established without formal documentation, continuing until officially terminated.
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Social Security
Michigan lawsuit attorneys are often retained after the Social Security Administration has denied a social security claimant’s initial social security claim, at which point the Michigan lawsuit attorney pursues an appeal. The appeal stage involves an administrative law judge (ALJ) to decide the social security claim, and the lawsuit attorney typically gathers all of the social security claimant’s medical records, organizes the information therein, and applies the facts to the law to argue that the social security claimant fits into the charts at a point at which the social security claim should have been approved. If the social security claim is denied at this ALJ level, then a review by the Social Security Appeals Council may be requested. The Appeals Council takes a similar approach as the ALJ to evaluating claims – using the aforementioned charts, so outcomes are often not different at this level. However, the next level of review is Federal Court.