Why You Need a Lawyer for the Appeal of Your Social Security Denial

Published on May 14th, 2019

Why You Need a Lawyer for the Appeal of Your Social Security Denial Article for Thurswell LawIn the United States, the Social Security Administration (SSA)handles social security benefits, denials, and appeals. Interpreting and understanding the laws that form the basis for Social Security disability income and benefits can be a difficult task. If you have applied for Social Security disability benefits and you have been denied, you should not delay in taking legal action. The first thing you should do is retain legal counsel to help assist you with appealing your denial of benefits.

The appeals process can also be extremely complex, and there are various hard and fast time deadlines that apply to the process. The experienced Michigan social security disability lawyers at Thurswell Law can explain all of your appeal rights to you and assist you throughout every stage of the appeals process. Our lawyers, for example, could file the necessary appeal paperwork on your behalf and represent you during your appeal hearing before the administrative law judge.

Please contact us today to discover how we might be able to assist you with an appeal of your benefits denial.

Eligibility for SSDI Benefits

One of the main reasons why Social Security disability applications are denied is because the applicant is simply not eligible for benefits. One reason why a person might not be eligible is that the disability is not serious enough or does not preclude him or her from working. This inquiry is extremely fact-sensitive. In order for an applicant to be eligible for disability benefits, the disability must be one that makes the applicant unable to engage in gainful employment because of a “medically determinable mental or physical condition or impairment.”

Moreover, the impairment must have lasted (or must be expected to last) for at least 12 months, or it must be reasonably likely to lead to the applicant’s death. Finally, in order for the condition to qualify as a disability, the applicant must be precluded from performing work tasks that he or she could do easily before the onset of the disability.

In addition to suffering from an actual disability, the applicant must have a sufficient number of work credits under his or her belt to qualify for the disability benefits. An experienced Michigan Social Security disability lawyer at Thurswell Law can determine whether you actually qualify for benefits and if so, can help you pursue those benefits.

Reasons for Not Qualifying

In some instances, an applicant may not, in fact, qualify for SSDI benefits. Those instances could include:

  • When the applicant has not accumulated the required number of work credits necessary for him or her to obtain disability benefits
  • Where the applicant clearly does not suffer from a disability that rises to the level necessary for him or her to obtain disability benefits (or which precludes him or her from working)
  • Where the medical condition at issue is not a “disabling” medical condition
  • Where the applicant earns too much money to qualify for disability benefits
  • Where the applicant has not properly released his or her medical records to the Social Security Administration in a timely manner
  • Where the applicant has not undertaken the requested medical examinations
  • Where the applicant has exaggerated his or her income or disability level

An experienced Social Security disability lawyer in Michigan can explain to you the reason or reasons why your disability claim was likely denied and might be able to assist you with filing an appeal with the Social Security Administration.

Social Security Disability Appeals

The denial of a claim for Social Security disability can be especially heartbreaking. Fortunately, however, you have 60 days from the date of your initial denial to file your appeal. If you do not file your appeal within that 60-day time period, the Social Security Administration could deny your appeal because of the late filing.

Under normal circumstances, after your Social Security disability appeal is filed, you will have to wait for a period of between 12 and 18 months to attend a hearing before an administrative law judge. The judge will be the individual who makes the final decision in your case.

Certain circumstances could expedite your hearing date. For example, you may have experienced a substantial hardship, such as the threat of losing your home, which could be used to advance your hearing date. Even with one of these hardships, however, you might still have to wait for 18 months, given the large number of appeal requests and the huge backlog in case scheduling which the Social Security Administration experiences on an annual basis.

An experienced lawyer could be extremely helpful to you at the appeal hearing before the administrative law judge. First of all, your lawyer may be able to assist you with presenting new evidence that could bolster your cause for obtaining Social Security disability benefits. For example, your medical condition might have gotten worse, and your lawyer could introduce additional medical evidence that supports that fact. In addition to presenting new documentary evidence on your behalf, your lawyer could allow you to testify, allow other witnesses to testify, or introduce experts (including medical experts) who could testify on your behalf at the hearing.

Being denied Social Security disability benefits can often leave individuals wondering where they should turn next. The knowledgeable legal team at Thurswell Law can help guide appellants through the process and work towards obtaining their much-needed benefits.

Reach out to an Experienced Michigan Social Security Disability Attorney Today

If you have been denied social security disability benefits, the clock is ticking on the time you have to file an appeal with the Social Security Administration. The experienced attorneys at Thurswell Law can examine your situation and determine if you are eligible to file an appeal. If so, our legal team can assist you with every step of the appeal filing process, up through the date of your appeal hearing. To schedule a free consultation or case evaluation with a Michigan Social Security disability lawyer, please call us at (248) 354-2222 or contact us online.

Back to News

(248) 354-2222
1000 Town Center, Suite 500 Southfield, MI 48075
Have a question? Contact Us for Free Case Consultation GET STARTED NOW!