Denied Your Social Security Disability Benefits in Michigan – Now What?

In addition to being injured, in pain, out of work, and having limited cash flow, you've been waiting for your Michigan social security disability to come through, only to find out that you have just been denied benefits. Just when you thought things couldn't get any worse, they did. You might feel helpless and confused, and you don't know where to turn at this point.

You should know that you do have a right to appeal Social Security's decision on your claim. An appeal has to be made within 60 days of the date you received your denial letter, and the appeal has to be made in writing.

Michigan disability claims can be denied for a number of reasons, including technical reasons like not having enough work quarters or not meeting the earnings tests. It could be as simple as having missed information on the initial application or incompletion of medical records. Also, if you ignore a request Social Security makes or don't show up to a medical evaluation appointment with a Social Security doctor, those are grounds for denial. Believe it or not, Social Security can make mistakes as well.

Once you get your denial, you have a right to question the decision you received and to review your records to make sure there was not any missing information from your initial application through the appeal process. If you choose to appeal the decision, there are four levels of appeals involved with social security claims:

Reconsideration - This is a paper review that will allow you to submit new information to a reviewer who did not look over your claim initially.

Hearing by an Administrative Law Judge (ALJ) - This is a hearing where you will be allowed to give testimony, have witnesses speak, and clarify information that was in your file before the ALJ. This judge has not previously reviewed your case.

Review by the Appeals Council - If the ALJ denied your request, you can request to have your case reviewed by the Appeals Council. If they feel the ALJ made the best decision, they can deny your request for review. You can appeal to the federal court.

Federal Court - This is a review by the federal court and would proceed as any federal court case.

If you were denied your social security disability benefits in Michigan, it is in your best interest to hire legal representation to help you with the appeal process. It can be overwhelming and exhausting to do this on your own. An experienced Michigan disability attorney will be able to obtain statements from friends, co-workers, or family to prove your medical condition. They will also be able to bring up other matters, like possible side effects from medication you are on that would make it extremely difficult for you to return back to work.

Because the appeal process is complex and lengthy, legal representation will make the process smoother for you and will give you confidence, knowing your attorney will review all matters concerning your claim including back pay. The Thurswell Law Firm can also help you file an application, explain the Michigan disability law, receive back pay, and file an appeal if you have been unfairly denied.