Michigan Social Security Disability Lawyers
About one in seven people ages 35-65 can expect to become disabled for five years or longer in the workforce before retirement. People work hard for years and pay a portion of every paycheck to Social Security Disability Insurance (SSDI). They expect to draw from the account they have consistently contributed to if they become disabled. Unfortunately, seven out of ten applications are initially denied in Southfield and throughout Michigan.
If you are in need of either Social Security Disability (SSD) or Supplemental Security Income (SSI), if your claim was delayed, or if you believe your claim was wrongly denied, speak with our attorneys immediately. The Lobb Law lawyers will fight hard to protect your rights and get you the benefits you’re entitled to receive.
Process for applying for Social Security Disability (SSD) benefits
The process of applying for SSD benefits can be overwhelming. Our attorneys will help guide you through the application process to make sure your application is complete.
Initial Application
There are three ways to apply:
1. In person at a local Social Security Administration office.
2. Online at SSA.gov, or
3. By calling the Social Security Administration at 1-800-772-1213. (Deaf and hard of hearing individuals can reach on its TTY number at 1-800-325-0778.
Social Security Changes Effective in 2021
• Nearly 70 million Social Security beneficiaries will see payments increase by 1.3%.
• Earnings subject to Social Security tax will climb to $142,800. Recipients can receive a 32% larger payment each month if they claim benefits at age 70 rather than at their regular full retirement age.
• The full retirement age will increase to 66 and 10 months for those born in 1959.
• Social Security beneficiaries age 65 and younger can earn up to $18,960 before their benefit is temporarily withheld.
• Disability benefits increase slightly, the legally blind now receive a maximum of $2,190 a month, an increase of $80 a month over 2020.
• Credit earnings if you were born in 1929 or later, you must earn at least 40 credits (maximum of four per year) over your working life to qualify for Social Security benefits.
The Social Security Administration offers two programs to help disabled individuals who are unable to work.
• Social Security Disability Insurance (SSDI)– program pays benefits to you and certain family members if you are “insured”, meaning that you worked long enough, and recently enough, and paid Social Security taxes on your earnings.
• Supplemental Security Income (SSI)– program pays benefits to disabled adults and children who have limited income and resources.
Reasons Why Your Social Security Disability Insurance or Supplemental Security Income Claim Might Be Denied
Some of the common reasons why your SSDI or SSI claim might be denied include:
Lack of Medical Evidence
Lack of sufficient medical evidence is the single biggest reason why a vast majority of SSDI and SSI claims are denied every year. You need to provide hard medical evidence that clearly demonstrates that you have a disabling condition as defined by the Social Security Administration and that your condition prevents you from working and earning a living.
For example, if your medical records show that you are suffering from a serious neurological disorder but fail to document how it affects your daily life and your ability to work, your claim might be denied.
Not Having Sufficient Work Credits
In order to qualify for SSDI benefits, you must also meet the SSA’s work history requirements. If you do not have the required number of work credits or if your work credits were not earned within the last 10 years, your claim will be denied regardless of how serious your impairment might be.
Failure to Get Medical Treatment
If you fail to get treated for your condition or fail to follow your doctor’s instructions, your claim is likely to be denied regardless of how serious your condition is or whether you meet the work history requirements.
This is because the person who processes your claim will not be able to determine whether you actually have a disabling condition or whether your condition can be improved with proper treatment.
Failure to Cooperate
During the course of the application process, the Social Security office might try to get in touch with you, ask you for more documentation, or ask you to undergo a consultative exam. You are required to comply with these requests at every step of the process.
If you fail to return their calls, provide the required documentation, return questionnaires in a timely manner, or fail to appear for the consultative exam, your claim will be denied.
Prior Denials
One of the biggest mistakes that people make when their SSDI or SSI claim gets denied is that they choose to file a new claim rather than appeal the denied claim. When the person who processes your claim sees that your claim has been denied before for whatever reason, they are likely to deny your claim again. It’s why appealing a denied claim is a better idea than filing a new claim.
How to Appeal a Denied SSDI or SSI Claim in Michigan?
If your personal injury social security insurance or SSDI claim has been denied, you have the right to appeal the decision. There are four levels in the appeals process. These include:
Reconsideration
During the reconsideration process, your claim will be thoroughly reviewed by a different examiner. It should be noted that all examiners are bound to follow the same rules and regulations. What it means is that unless the examiner who denied your claim made a mistake, or if you provide new documentary evidence that you failed to provide with the initial application, your claim is likely to get rejected again.
Hearing
During a hearing, an administrative law judge will review your case and make a decision based on the documentary evidence and witness testimonies. It’s critically important for you to be represented by an accomplished Michigan social security disability lawyer, someone who has been around the legal corners before and knows what to expect during the hearing.
Appeals Council
At this stage, the Social Security Appeals Council will review the decision made by the administrative law judge – not your claim – and determine whether they made the right decision in accordance with the law. If the judge’s decision was made in accordance with the law, the council will uphold their decision. Otherwise, it will send the case back to the judge for another hearing or overturn the decision made by the judge.
Federal Court Review
It’s the last stage of the appeals process. At this stage, you are not allowed to submit any documents or get anyone to testify to support your claim. Your Michigan social security disability attorney is required to file a brief and argue your case in front of the judge.
Depending on the circumstances, the judge might decide to uphold the Appeals Council’s decision, send your case back to the SSA for additional review, or grant you the social security disability benefits that you are entitled to.
How Our Michigan Social Security Disability Lawyers Can Help You
Our experienced Michigan social security disability attorneys can help you get the benefits you need in the following ways and more:
Preparing and filing the initial claim.
Make sure the application is properly filled out and free of errors.
Collecting and submitting persuasive medical evidence needed to support your claim.
Filing an appeal if your claim is denied for any reason.
Representing you at the hearing before the administrative law judge.
Filing a suit in the United States District Court (federal court) if necessary to get you the social security benefits you need
Schedule a Free Consultation
If you or a loved one have been denied Social Security disability benefits, do not try to appeal a denied claim on your own. It would help if you had an experienced attorney that understands SSDI/SSI rules and regulations. We understand the complexity of Social Security disability claims. We’ll fight to get you the benefits that you’ve earned and rightly deserve. Let us help you. NO FEE until we win you the benefits you deserve. Contact us online or call 844-LOBB-LAW to get a free consultation today.