Those who go through the process of applying for
Social Security or SSI disability often get denied on their first try. Taking the time
to appeal, however, greatly increases one’s chances of receiving
these benefits. If your disability claim has been denied, it is important
to become acquainted with how the appeals process works.
The most important factor one should be aware of is the appeal deadline.
Whether or not it is following the initial application, the administrative
law judge (ALJ) hearing, or the Appeals Council review, individuals are
allotted 65 days to appeal the denial to the next appropriate level. Unless
you live in Michigan, or a handful of other states, there is also a Reconsideration stage.
The Appeals Process
- Request for Reconsideration: As soon as you have been denied, file a form
to request for reconsideration. This is usually just a formality, since
most reconsiderations are denied, but it is a necessary step to receive
a hearing before an administrative law judge.
- ALJ Hearing: At this stage, you will appear before a judge to argue why
you deserve a medical-vocational allowance. The ALJ will be able to not
only get a fresh look at your claim, but review any new medical evidence.
While it often takes a while to get a hearing date, it is often one’s
best chance at winning disability benefits.
- Appeals Council: If you are unsuccessful at the ALJ hearing, you can request
the Social Security Council to review the decision.
- Federal District Court: If denied at the Appeals Council level, you may
sue Social Security in federal court. Technically, you cannot sue the
Social Security Administration directly, so the defendant you file the
complaint against will be whomever the current Social Security commissioner
is when the complaint is filed.
Detroit Social Security Attorneys
At Goodman Acker, P.C., our Social Security team simplifies this process
for our clients. Upon denial, we immediately file the appropriate appeals,
obtain verification of receipt, and navigate the oftentimes lengthy Social
Security disability process. For years, we have been helping injured individuals
throughout Detroit secure the Social Security Disability benefits they
require. In fact, we have over 75 years of experience to our name. Our
skilled team has handled SSDI claims involving spine injuries, brain injuries,
chronic diseases, and serious mental health conditions.
If you need assistance with an appeal or are beyond the 65 day deadline
to appeal, please contact us for guidance on how to proceed. We understand
that this is a stressful time, but you do not have to endure it alone.
Call us for a free case review at
(248) 793-2010. If we do not win your case, you do not owe us any legal fees.