Navigating a social security claim to attain your disability benefits can be a difficult and frustrating endeavor, but there is no need to go it alone: Your social security lawyer can help you achieve the benefits you deserve.
What many individuals realize when initially applying for disability benefits is that nearly 75% of claims are denied in the initial determination phase. However, in the face of an initial denial, you still retain the right to have that decision reconsidered through various possible avenues of appeal.
If you have already applied for Supplemental Security Income (SSI) and been denied in the initial determination phase, it is vital that you retain a social security disability lawyer in the following appeals process.
How to appeal SSI determinations
The United States Social Security Administration (SSA) has an established appeals process that is used in Michigan and every other state across the nation.
In general, this process can last anywhere between 90 and 120 days and results in a written determination notice.
If you disagree with the information that is contained within your notice and decide to have the decision appealed with the help of a social security lawyer in Michigan, there are multiple levels of appeal that you have the right to consider.
Appeals process steps
1. Reconsideration
If you disagree with the SSA’s determination concerning your application – whether that means you refute their assessment of your eligibility or the settlement amount that was deemed fair – you can apply for reconsideration by filling out a Form SSA 561 (a Request for Reconsideration) or a Form SSA 789 (a Request for Reconsideration – Disability Cessation).
Once you have decided to file for reconsideration, it is important to keep in mind that certain restrictions exist in Michigan pertaining to time limits on filing your appeal. This is typically a time limit of sixty days of the date that you receive your initial determination.
You and your representative will receive written notice concerning your reconsideration determination within 90-180 days.
2. Hearing
If you then further disagree with your reconsideration determination, you have the right to request a hearing in court before an Administrative Law Judge. This process is initiated when you or your lawyer complete the Form HA 501 (Request for hearing by Administrative Law Judge).
Again, this must be completed within sixty days, and you will receive a written notice of the hearing date and location at least 75 days prior to the actual hearing.
If you decide to pursue a hearing, it is very important that you and your lawyers appear in court t provide any new evidence that pertains to your claim. You will then receive a written copy of the ALJ’s hearing decision.
3. Appeals Council
For those who disagree with the hearing decision that is reached, that next step is to request an appeals council review by filling out a Form HA 520 (a Request for Review of Hearing Decision/Order).
Again, this must be requested within 60 days of receiving the ALJ’s determination, though the Appeals Council themselves may also decide to review your case of its own accord within that same time limit.
The Appeals Council will review your case and either grant, deny, or dismiss your review request. If the request is granted, the council itself may reach a further or assign your case to another ALJ. Either way, a notice of the Council’s proposed action will be sent to you and your representative, as well as the reasoning behind it.
4. Federal Court
If you disagree with the actions taken by the Appeals Council, you may then file a civil action lawsuit with the US District Court in your area.
Seek out legal help
When pursuing a social security claims appeal, keep in mind that hiring a social security benefits lawyer can greatly increase your chances of obtaining your benefits.
Don’t wait until the medical bills begin to pile up to contact a social security lawyer in Michigan today to achieve the benefits that you are entitled to.
