Appeal Social Security Disability Denials in Detroit
Getting a denial notice for Social Security Disability benefits can be devastating. You can’t work, and you were counting on those monthly checks to survive.
It’s not over.
Most people get denied. A disability appeal is often how people win benefits.
Important! Once you’re denied, you have 60 days to appeal Social Security Disability benefits. Don’t miss the deadline!
Appealing can be a long process. It can include testifying in front of a Social Security administrative law judge—where it’s crucial for your evidence to be well presented.
Whether you work with us or not, at Levine Benjamin Law Firm we strongly recommend that you get legal help when you need to make a disability appeal, as soon as possible after you’re denied..
Levine Benjamin has helped more than 80,000 people win Social Security Disability in Detroit, Toledo, Flint, Lansing, Grand Rapids and all across Michigan.
From applying to appealing, we help you every step of the way.
What would you like to do?
When Social Security brings medical experts to your disability hearing, Levine Benjamin Law Firm takes special care to see that you’re prepared.
What We Do For Your Disability Appeal
During your disability appeal, Levine Benjamin attorneys take care of these steps:
- Analyzing your Social Security disability file
- Preparing your case and setting the strategy
- Gathering additional evidence from your doctors and medical providers
- Preparing you to testify at an administrative law hearing
- Making legal arguments before the judge
- Questioning medical and vocational experts who testify at your hearing
- Appealing your case at the federal court level if necessary
Your disability appeal hearing with a judge is the most critical stage of your case. It’s your best chance to present evidence in person and explain why you need Social Security Disability benefits.
Sometimes, Social Security brings in expert medical witnesses to testify at your hearing. They can hurt your chances of winning benefits. We know how to counter these witnesses.
When you get Levine Benjamin to help you appeal Social Security denials, you’ll always meet with an attorney before your hearing to help you get ready. At some firms, you’ll only see your lawyer on the day of your hearing.
We can also help if you were denied Supplemental Security Income (SSI) benefits. We know how to win SSI appeals, from filling out SSI appeal forms to talking with a judge.
When you’re appealing a disability denial, Levine Benjamin Law Firm stays with you every step of the way
What Are My Social Security Disability Appeal Levels?
When you need to appeal a Social Security Disability denial, you’ll start by requesting a reconsideration.
These are the steps to appealing:
- Reconsideration: In this step, someone at Social Security who didn’t look at your initial application gives your file another review. A Levine Benjamin attorney can help you add new evidence for them to consider.
- Hearing: If you’re turned down again after a reconsideration, Levine Benjamin will help you present your case to an administrative law judge. The wait for a hearing is typically long, but it’s your best chance to explain your needs in person.
- Appeals Council: If the judge turns you down, Levine Benjamin can ask the Appeals Council—a group within Social Security—to review your claim.
- Federal Court: If the Appeals Council still denies you, your next step is to go outside Social Security’s legal system and take your case to federal court. Levine Benjamin attorneys are experienced with federal court appeals.
We help you at all levels of Social Security disability appeals.
And if you don’t win Social Security Disability benefits, there’s no cost to you. We only charge a fee when you win.
You can start by getting a free evaluation of your case.
A Social Security Disability reconsideration, the first step in appealing a disability denial, means filing more forms with Social Security.
What Happens in My Social Security Disability Reconsideration?
Asking for a reconsideration means sending in new forms to Social Security. And it’s a chance to add new medical evidence about your health problems to your file.
This is all done with paperwork. You won’t meet with anyone in person.
You need to look closely at your original application for disability benefits, and why you were denied.
The goal of your disability appeal is to correct any weaknesses in your application.
It helps to work with an experienced disability attorney, because they know what you need and don’t need in the information you send to appeal Social Security denials.
But you need to brace yourself for a difficult process.
The vast majority of people who request disability reconsiderations still get denied.
Your best chance to win disability benefits on appeal may be your next step—talking to a disability judge.
Social Security Disability appeals hearings are less formal than courtrooms you might picture, but it’s still crucial to be prepared.
What Happens in My Hearing with a Social Security Disability Judge?
More people who’ve been denied disability benefits finally get approved after their hearing with an ALJ (the administrative law judge).
This is your only chance to speak—live and direct—with someone who has decision-making authority at Social Security—and explain to them in your own words how your health problems are impacting your life and leaving you unable to work, which is what you must prove to win disability benefits.
Your disability appeal hearing is not like a trial you see on TV. It’s more low-key.
But you need to present yourself well and be prepared to answer questions.
When you appeal Social Security benefits, your disability lawyer can get you ready and take care of the more formal parts of your hearing.
The highest levels of Social Security Disability appeals are going to the Social Security Appeals Council, or federal court.
What if I Need to Go to the Disability Appeals Council or Federal Court?
If the ALJ still denies your Social Security Disability benefits, you can take your appeal to higher levels.
First, you can ask Social Security’s Appeals Council to review the judge’s decision.
The main thing the Appeals Council looks at it is whether the judge made a technical, legal error.
It takes legal knowledge and specific experience in disability appeals to identify the judge’s mistake and call it to the attention of the Appeals Council.
It’s difficult to win a disability case at this level. Possibly the best outcome you can hope for is the Appeals Council sending your claim back to the judge with instructions to review it differently.
Your next step to appealing is suing Social Security in federal court, which requires having a lawyer who knows how to work in the court system.
But first of all, your lawyer can help you make the best decision on how to appeal Social Security benefits denials to the next level.
Once you get benefits, they are permanent, and they can make your life easier for the long-term. It can be tough to get there, but worth the fight.