If your disability claim was denied, you may not know what to do next or what your options are. The good news for Michigan residents is that a denied disability claim is not necessarily the end of things. You can appeal a disability denial to have your claim reevaluated if you believe that you were denied unfairly and still qualify for disability. In this article, we will be discussing the legal avenues you can take when you receive a denied disability claim and how you can improve your chances of being approved.
Appealing a Disability Decision
Receiving a denial on your disability claim in Michigan can be devastating, especially for those who genuinely need disability benefits to get by. The good news is that if you get denied for disability, there are certain avenues you can take, such as appealing this decision. In some cases, being denied disability benefits may be unfair or might be just plain incorrect, so you deserve to have your claim reconsidered.
The first step in appealing a disability denial is filling out a request for reconsideration. You need to fill out this form within 60 days of receiving your notice of denial, and the sooner you do this, the better.
When you file a request for reconsideration, a different Disability Evaluator who was not involved in your original denial will reevaluate your claim. You have the option of providing additional evidence to improve your chances of approval, which is something you should consider. If you are able, you will want to provide further medical evidence as well as documentation outlining your abilities and limitations.
Common Reasons For a Disability Denial
If Social Security denies your claim, there are usually a few specific reasons why this happened. By understanding the common issues that arise, you can be better prepared when you file your claim, ensuring it is thorough and proves that you are entitled to disability benefits.
The most common reason for a denied claim is due to inaccurate or incomplete information on the Social Security disability application. You need to be incredibly thorough when you fill out this application, double checking the information you provide as well as ensuring everything is filled out correctly.
Another area which can result in a denied claim, is lack of evidence. Perhaps the doctors did not supply Social Security with your complete record; or if your doctor is willing, he or she might complete a Residual Functional Capacity assessment (RFC). This report outlines your physical and mental abilities and limitations, which help to determine your ability to work. It is most helpful to have this written by a healthcare professional who has treated you and understands your condition and limitations.
Other common reasons why your claim may be denied include things such as:
- Your disability isn’t severe enough.
- You earn too much money.
- You haven’t participated in the requested examinations.
- You exaggerated your disability or limitations.
- Your disability is considered to be short-term.
- The Social Security Administration did not receive your entire medical record.
It is crucial that all of the information you provide regarding your disability or condition is credible. If any inaccurate or exaggeration of information is suspected, this can result in an immediate denial, whether the incorrect information was intentional or unintentional.
Can You Reapply For Disability?
When your disability claim is denied, you may be wondering if reapplying is the preferred option. Although you do have the option of reapplying instead of appealing your denial, it isn’t recommended that you go the route of applying a second time as long as you have time to file an appeal.
According to the numbers, appealing a denial results in better chances of having your claim approved. The likelihood of having a new claim approved isn’t as good, especially if you do not have substantial additional evidence to provide to increase your chances of being granted disability benefits. It may also be faster to appeal a denial than to restart your application.
If you were unfairly denied disability benefits, you need to seek the representation of an experienced disability lawyer in Michigan. A disability lawyer can help you file an appeal as well as locate additional documentation to improve your chances of getting a more desirable outcome.
What Happens During a Disability Reconsideration or at a Hearing?
Depending on how your reconsideration goes, there are certain things that may happen as you are appealing a denied disability claim. No matter how this process proceeds, you need to hire a disability attorney to represent you and ensure the law is followed.
Here are some of the steps that may follow your petition for reconsideration:
- Have a consultative exam: You may have already done a consultative exam when you first applied for disability, but an additional exam may be required during your reconsideration.
- Attend a hearing: Attending a disability hearing is your one and only chance to discuss your case in person in front of an administrative law judge. You can use this time to explain your health issues and why they qualify you for disability.
If the administrative law judge still denies your claim, a group within Social Security can review your case again to determine whether the judge made any legal errors. If the denial holds, you can sue Social Security in federal court, which could result in a federal judge sending the case back to the administrative law judge for a new hearing or, in some rare cases, changing the denial to an approval. However, if you want to avoid going into federal court, consider hiring an experienced Michigan-based Social Security disability attorney early on in your claim to help you build your record for a successful appeal.
Hire an Experienced Disability Attorney Today at Warren & Schairbaum PLLC
Do you want to start the process of appealing a disability claim denial? If so, our attorneys at Warren and Schairbaum PLLC have extensive experience handling disability claim cases, ensuring our clients get the legal representation they deserve for the best possible outcome. Contact us today at 734-769-9300 or send us an email to discuss the details of your case with an experienced disability attorney.