Don’t be discouraged if your application for disability benefits is at first denied, you will be among the majority of those who apply. The truth is that between 70 and 75 percent of all first time applications are denied. The fact that your initial application is denied really doesn’t mean a great deal as you will be granted the automatic right of appeal and when you hire a Social Security disability lawyer in Michigan to help you with your appeal the chances of subsequent approval are considerably better.
The first step of course is the initial application for benefits; many applicants will do this unaided. Many first time applicants are denied benefits, this is without a doubt the time to turn to a Social Security disability lawyer in Michigan. The administration grant a 60 day period in which to appeal an unfavorable decision, if the appeal is not made in this time the applicant will have to start from the beginning should they wish to continue. Sixty days may not seem like a major issue but when one considers that when an application is finally approved the benefits are backdated to the date of the application. Starting afresh can cost a lot of money in lost benefits.
The appeals process is multi-phased, the appeal can begin with a simple request for reconsideration and if need be go all the way to Federal court. A number of states begin the process of appeal with an administrative hearing.
The administrative hearing:
The applicant is granted 60 days after being initially denied benefits to request an administrative hearing in the presence of a judge. The applicant, along with his or her Social Security disability lawyer will be granted an opportunity to provide evidence to substantiate the applicants claim. It usually takes several months of waiting before the hearing, once it has taken place the judge will review the material submitted and make a ruling. During the hearing the applicant is free to bring supporting personnel that can attest to the extent of the disability. The hearing is not held in a regular court, it is actually quite informal, one on one with the judge, the lawyer and any supporting witnesses. In the event the appeal fails to result in a grant of benefits the proceedings are all recorded shoulr the applicant wish to elevate the appeal.
Appeals Council:
In most cases the appeal will not go past the administrative hearing but if it does the next step is for the application to be reviewed by the appeals council. The council uses the evidence which has already been presented; new evidence will not be accepted at this stage. The council is looking for any administrative errors.
Making application for disability benefits is difficult; fighting for your rights when the application has been denied is much harder.
