SSA Appeal Process in Detroit, MI

You’re disabled and can’t work. You’ve applied for Social Security Disability (SSDI) or Supplemental Security Income (SSI) benefits and got denied.

Unfortunately, the Social Security Administration (SSA) denies almost all initial applications for benefits. But you should not become discouraged. Nor should you just reapply. Instead, what you need to do is appeal that decision but there are strict deadlines to do so.

UNDERSTANDING THE SOCIAL SECURITY APPEALS PROCESS

Request for Reconsideration

The step in the appeals process is called a Request for Reconsideration. When your application for benefits is denied, you’ll have only 60 days to initiate the appeals process by filing a request for reconsideration.

To file a request for reconsideration, you can submit an online form or mail completed form SSA-561-U2 to the Social Security Administration (SSA).

Examiners and consultants who were not involved in your initial request will review your application along with any new information that’s available and make a new decision. Unfortunately, only about 10 percent to 15 percent of those who file a request for reconsideration have their denials reversed.

Hearing by an Administrative Law Judge (ALJ)

If your request for reconsideration is denied, again you’ll have only 60 days to request a hearing with an Administrative Law Judge. It is the job of the ALJ to review decisions made by the SSA to terminate or deny claims for Social Security benefits and make a new determination.

Generally about half of all unfavorable rulings heard by Administrative Law Judges are overturned, however a good lawyer can significantly improve those odds. The hearing before the ALJ is your best opportunity to have your claim approved and get the benefits you need. You should never go in front of an ALJ – or any Judge – without a good lawyer by your side.

However, If your claim is denied by an Administrative Law Judge, you still have the opportunity to appeal the decision.

Appeals Council Review

If an ALJ denies your request for Social Security disability benefits, you can ask the Social Security Administration Appeals Council to review your case. Again, you only have 60 days to file the appeal.

To continue the appeals process, you can request an AppealsCouncil review online or print and mail completed Form HA-520 to the Social Security Administration.

The Appeals Council will look at every request that’s submitted but will “remand” (send back for a new hearing) only a small percentage or overturn an even smaller percentage. That’s why the hearing with the ALJ is the best chance for success.

The Appeals Council looks at an ALJ decision to see if the ALJ made an error of law or violated some procedures. However, the Appeals Council generally gives a lot of respect to the decisions of the ALJ. 

Petition to U.S. District Court

The final stage of the Social Security disability appeals process involves filing a civil lawsuit in the Federal Court nearest where you live.

There’s no jury involved when a disability benefits appeal is heard in Federal Court. Instead, the district court Judge reviews the arguments of your attorney and the attorney for the SSA and decides whether or not to send the case back to the Administrative Law Judge for a new hearing.

As a practical matter, your odds of success before a US District Court Judge are near zero without an experienced attorney on the case.

Generally, the federal judge reviews the case to see if there were any mistakes of law, meaning that the law wasn’t interpreted or applied properly. The judge will also consider whether any procedural mistakes were made or that your rights were violated. Judges are human and may also take the facts of your case into consideration during a review, though this is not the standard.

AN EXPERIENCED ATTORNEY CAN MAKE A HUGE DIFFERENCE IN WINNING SSD / SSI BENEFITS

The SSA system is complicated but you can make your life easier by hiring a good Social Security Disability lawyer. Getting a lawyer involved as early as possible in the process will increase your odds of success and often allow claims to proceed faster.

Qualifying for disability benefits isn’t easy, even when you clearly meet all of the requirements.

Contact the experienced lawyers at Gordon & Pont for assistance with your SSD / SSI benefits claim for more information.  Call 248-395-4100 today and speak to an attorney about your case.