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Filing a disability appeal in Michigan




 
If your disability claim is denied in Michigan and you do not file an appeal, your claim for disability benefits (monthly benefits and back pay) will effectively die. The only way to keep your claim going in such a situation will be to file whatever appeal applies to your specific situation.

If your claim was denied at the initial claim level, you will file a request for reconsideration. And if your claim was denied at the reconsideration level, you will file a request for a hearing with an administrative law judge.

However, do not make the mistake that many claimants make after being denied. If you file for disability benefits with the social security administration (SSA) and your claim is denied, you should file an appeal immediately. SSA will give you 60 days from the date of your denial notice (the actual notice will probably be titled "Notice of Disapproved Claim"), but you really shouldn't wait very long to get your appeal started.

This is simply because the longer you wait, the more time it will take to process your claim. And time, for individuals who are unable to work and earn an income, can be a costly factor.

The primary advantage of filing an appeal for social security disability or SSI is that your case will move to the next level of the system where it will be considered by a different adjudicator. As previously mentioned, for those who have been denied at the initial claim level, the next level will be the reconsideration appeal.

The reconsideration is handled in the same manner as the disability application but by a different disability examiner. This can allow a different viewpoint to enter into the evaluation of your claim and in some cases the reconsideration examiner may notice medical evidence that was neglected by the first disability examiner.

Having said this, though, this appeal level is very difficult to win and, statistically, only about 13-15 percent of reconsideration appeals are won by claimants.

Nonetheless, it is worth filing a request for reconsideration because even if the "recon" is denied, the claimant will then be allowed to file a request for a hearing. Typically, it can take more than a year to get a hearing date once a disability hearing has been requested. But, despite this long wait, a hearing request is well worth the time and effort as more than sixty percent of represented claimants are usually awarded disability benefits after a hearing.

Update: Currently, the reconsideration appeal phase is suspended in Michigan, though this appeal step may be reinstituted in the near future. Michigan is one of 10 prototype states in which a claim that has been denied at the application level may proceed immediately to the hearing appeal phase.

As before, the request for hearing must be made within 60 days of the denial. Claimants who are not represented may wish to consider consulting with a disability attorney or non-attorney disability representative. Representation can assist a claimant at any level of the claim system but is particularly helpful for ensuring that a claim is both properly documented and presented before an ALJ (administrative law judge).








  • What medical conditions will get you approved for disability?

  • What kind of Mental Problems Qualify for Disability?

  • Which conditions will social security recognize as a disability?

  • Tips for getting Social Security Disability or SSI benefits approved







  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center



    The Most Basic questions about Getting Disability Benefits

    Social Security Disability SSI and whether or not you can work

    Common Mistakes to avoid after being denied for Disability

    Social Security Disability SSI Questions and Answers

    More Social Security Disability SSI Questions and Answers

    Common Questions about Social Security Disability and SSI

    Winning Social Security Disability or SSI Benefits

    The SSI Disability Benefits Program

    Social Security Disability SSI and Doctors - Yours and Theirs

    Social Security Disability and SSI Claim Reviews

    Social Security Disability SSI System and Benefits for Children




    Denials, Appeals, and Getting a Disability Lawyer or Representative

    What you should know about Social Security Disability and SSI Denials

    Questions about Disability Lawyers and Hiring a Disability Attorney




    Various Types of Benefits including SSI, Mental, and Child benefits

    Social Security and SSI based on Mental Disability

    Social Security Disability or SSI Benefits for Children

    Disability Benefits through Social Security




    Filing for Social Security Disability or SSI Benefits

    Social Security Disability SSI: Medical Evidence and Records

    Filing your claim for disability benefits

    Eligibility for receiving disability benefits




    Resources on this site

    Social Security Disability, SSI Terms and Definitions

    Previously answered questions regarding SSD and SSI



    The SSDRC Disability Blog




    For Individuals living in North Carolina

    Disability in North Carolina

    North Carolina Disability Lawyer

    Getting disability in North Carolina








    Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

    Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI


    These pages answer some of the most basic questions for individuals who are considering filing a claim.

    How to file for disability, SSD or SSI
    How to file for Disability and what medical conditions qualify
    How long will it take to get disability?
    What if your disability gets denied?
    How to Prove you are disabled and qualify to win disability benefits
    How to get disability with a mental condition
    How long for Social Security Disability Back pay
    Social Security Disability SSI eligibility
    Can you get a quick disability approval in Missouri
    How long does it take for a disability decision in missouri?
    Will I qualify for disability Benefits in Missouri?