If your disability claim has been denied, you still have options. Many claims are denied because insufficient medical evidence has been provided to prove that you are disabled. There are many reasons this might happen. You may not be seeing the proper specialists, you may have provided inadequate medical records or your doctor may simply not understand the legal requirements for your claim. Additionally, SSA’s reviewers may have misinterpreted the medical records.
It’s Best to Consult an Attorney Before Applying for Benefits
The SSA hardly ever denies your medical diagnosis or the fact that you are impaired. However, the problem usually lies in the fact that you did not prove the legal requirement for being “disabled.” This is why it is imperative to consult with a skilled attorney who specializes in SSD/SSI claims. At Thurswell Law, we work closely with our to review the medical proof that may be required for each claim.
Help With the Appeals Process
If you have already received a denial of benefits, we can help you go through the Social Security Disability appeals process. A request generally must be made within 60 days of the date of the denial letter, and your request must be in writing.
In Michigan, as in some other states, appeals go directly to the Office of Disability Adjudication and Review, where an administrative judge will review the appeal. The wait time can be extensive, often 12 months or longer. Appeals at the hearing stage are made to the Appeals Council, which has the power to deny the appeal, remand for another hearing, or approve your claim. The only recourse after a denial at the Appeals Council is to file a civil action in the United States District Court.
How We Can Help
At Thurswell Law, we have extensive experience in handling Social Security Disability/SSI claims, and we know what it takes to optimize your chances of approval. This is especially important because of the lengthy wait time for collecting benefits. Due to the backlog, many claims are summarily denied if they are not supported with sufficient medical evidence.
If your claim is denied, we will work to prepare an appeal and help you attain benefits. For a free consultation to discuss your options, give us a call at 248-354-2222.