Are you a Michigan resident that was denied social security benefits or received a notice of a disapproved claim? A Michigan disability lawyer can help you file an appeal or request a hearing for your social security disability claim, giving you the best chance for receiving your social security benefits. Studies and statistics have shown that up to 63% of all social security applications are denied or turned down immediately without further review.

The good news is that many applicants are successful during their appeal by hiring a knowledgeable attorney to represent them. Matthew R. Clark and The Clark Law Office have decades of experience dealing with a variety of social security denials including SSDI, SSI, SSD, retirement, and disability.

Our dedicated and successful attorneys will work as hard as possible to assess your individual situation regarding your denial. We will gather and build medical evidence, build a strong case on your behalf, and give you the best possible representation for your social security appeal. Here is a short list of important takeaways of what you need to know to be successful in your appeal.

What Are Social Security Disability Benefits?

Social Security Disability Benefits are a lifeline for individuals who are unable to work due to a physical or mental impairment. Administered by the Social Security Administration (SSA), these benefits provide crucial financial support to help maintain a basic standard of living. There are two primary types of Social Security Disability Benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

The Role of a Social Security Attorney

The laws and regulations surrounding social security benefits are notoriously complex and cause a lot of confusion to an individual applicant who is applying for the first time or inexperienced with the system.  Social security disability lawyers are well versed with the complex system and specialize in advocating for their clients which in turn will significantly improve the chances of a successful result.

It’s not uncommon for applicants to be denied multiple times before eventually being approved for benefits.  This may not seem fair, but unfortunately, it’s just the way the system works, and you must go through the process.  We understand the mental anguish and financial strain multiple denials has on people and we will do our best to move your case along as swiftly as possible.  By submitting all the necessary documentation along with addressing any errors in the original application(s), a skilled disability attorney will give you better odds of approval.

An attorney will do much more than simply filling out your forms.  They will help guide you through the entire process from the initial application to hearing that you must attend before a magistrate.  They will find deficiencies in your medical history and help you find a doctor that can help build the evidence in your favor and address the reasons why your application was denied.  Hiring a social security disability lawyer can be the difference between a quick resolution to your appeal or a long stressful battle that ends in another denial.

Types of Social Security Benefits

As you have probably discovered in your own research, it’s extremely important to understand the types of social security benefits that are available to you.  The Social Security administration offers many different programs and each of them are targeted to assist different segments of people.  The two main and most well known programs include Supplemental Security Income (SSI) ans Social Security Disability Insurance (SSDI) and they each have their own set of specific eligibility criteria.

There is also a program called Disabled Adult Child Benefits which caters to specific disabled individuals.  Here is a closer look at each of these programs and who they are targeted to help.

Supplemental Security Income (SSI)

Supplemental Security Income (SSI) is targeted to low income individuals who are disabled, blind, or elderly (age is a factor).  It is considered a needs-based federal income supplement.  The goal of SSI is to provide financial assistance to people with limited income and resources.  This financial assistance is meant to help them meet the basic needs of life including food, clothing, and shelter.  An important note is that SSI DOES NOT require applicants or recipients to have paid social security taxes during their lifetime.

SSI financial payments can start as early as the month after the application date.  The payments offer relatively quick financial relief for individuals that qualify.  Since SSI is a needs based program, the specific situation will be looked at and it’s not the same for everyone who is approved.  They will look at and review the applicant’s income, resources, and their overall financial situation.

During this review or evaluation of the overall financial situation for an individual, there is a term called “countable income” which will affect the benefit amount received.  Having an experienced social security disability who understands the nuances and complexities of SSI is extremely beneficial.

Social Security Disability Insurance (SSDI)

Social Security Disability Insurance (SSDI) is a federal program that offers financial benefits to individuals who have become disabled through a physical or mental impairment and DOES require applicants to have paid security taxes their lifetime.  To qualify, you must have a significant work history and have paid social security taxes throughout their employment.  Unlike SSI, SSDI is not categorized as needs based but instead relies on the applicant’s work credits and contributions to the social security system.

SSDI payments typically start around 5 months after the disability date.  It is aimed to provide long-term financial support to individuals who are unable to work because of a disabling health condition.  Since it is not needs based, the payment or benefit amount is calculated based on the applicant’s earning history.  For this reason, higher lifetime earnings usually result in higher SSDI benefits.

Disabled Adult Child Benefits

Disabled Adult Child Benefits is a bit more specific than either SSI or SSDI.  It is intended for individuals who have become disabled before the age of 22 and have a parent who is either deceased or currently receiving social security benefits.  These benefits offer much needed financial support for young adults who are unable to work due to their disability.

To quality for Disabled Adult Child Benefits, you are not required a work history or paid social security taxes.  Instead, the eligibility is based on the parent’s social security status.  This can be an extremely helpful benefit for families struggling with the financial needs of a disabled adult child.

Eligibility Criteria For Social Security Benefits

The eligibility criteria for all the different social security disability programs can seem very complex and intimidating, but it is a crucial step in the application process.  To qualify for SSDI, applicants must have a substantial work history and meet specific medical criteria put forth by the social security administration.  This criterion typically includes having paid social security taxes through employment over the course of several years and must also demonstrate that the disability prevents any substantial gainful activity.  Proving that the disability prevents substantial gainful activity can be trick and it’s best to fully document all your issues through medical doctors and hire a social security attorney to help guide you through the process of building the strength of your claim.  Here is a closer look at what medical conditions qualify.

For SSI, the eligibility criteria are very different.  SSI is a needs-based program, and it requires applicants to be elderly, blind, or disabled along with limited income and resources.  The financial threshold for SSI is stringent, with resources or what is called substantial gainful activity (SGA) capped at $1550 per month in 2024 for those who are NOT blind.  For persons who are blind, the SGA is capped at $2590 per month in 2024.   Eligible applicants must also be US citizens or qualified non-citizens residing in the United States or its territories.

As mentioned above, certain non-citizens such as those granted asylum or refugee status, may qualify for SSI benefits under specific conditions.  The differing and complex eligibility requirements make hiring and utilizing a social security lawyer familiar with the process crucial to the eventual success of your appeal or claim.

How to Apply for Disability Benefits

Applying for disability benefits can be a complex and time-consuming process. To increase your chances of approval, it’s essential to understand the application process and gather all necessary documentation. Here’s a step-by-step guide to help you get started

  1. Determine your eligibility: First, check if you have worked long enough and paid enough Social Security taxes to qualify for Social Security Disability Insurance (SSDI) benefits. You can use the Social Security Administration’s (SSA) online tool to determine your eligibility. This step is crucial as it sets the foundation for your application.
  2. Gather medical evidence: Collecting comprehensive medical records and documentation is vital to support your disability claim. This may include doctor’s notes, test results, and hospital records. The more detailed and thorough your medical evidence, the stronger your case will be.
  3. Fill out the application: You can apply for disability benefits online, by phone, or in person at your local SSA office. Make sure to provide accurate and complete information. Any errors or omissions can delay the process or result in a denial.
  4. Submit your application: Once you’ve completed the application, submit it to the SSA for review. Double-check that all required documents are included to avoid any unnecessary delays.
  5. Wait for a decision: The SSA will review your application and make a decision. This may take several months, so patience is key. During this time, ensure you are available to provide any additional information if requested.

By following these steps and ensuring all your documentation is in order, you can improve your chances of a successful application for disability benefits.

How Social Security Disability Attorneys Help With Applications

social security disability application There is a reason why so many social security disability applicants are denied. The application process for a social security disability claim created by the social security administration requires meticulous, accurate, and comprehensive documentation. A lawyer with years of experience will be able to identify and address the critical gaps that might lead to a denial letter. A social security disability lawyer will assist in gathering essential medical records which is the backbone for substantiating a disability claim.

A skilled attorney is familiar with all the different complex legal procedures and will ensure that all the forms are correctly filled out and submitted before deadlines. This will minimize the errors during the application process and prevent delays. A lawyer will be up to date with any changes of the law or the application process.

A skilled lawyer will help ensure that your application is strong and will significantly increase the chances of approval.

The Five-Step Evaluation Process

The SSA uses a five-step evaluation process to determine whether you are disabled and eligible for disability benefits. Here’s an overview of the process:

  1. Step 1: Is the claimant working?: The SSA will determine if you are currently working and earning above a certain threshold. If you are engaged in substantial gainful activity (SGA), your claim will be denied. This step ensures that only those who are truly unable to work due to their disability are considered.
  2. Step 2: Is the claimant’s impairment severe?: The SSA will evaluate the severity of your medical condition and determine if it significantly limits your ability to perform basic work activities. If your condition is not severe, your claim will be denied at this stage.
  3. Step 3: Does the impairment meet or equal a listing in the Listing of Impairments?: The SSA will check if your medical condition meets or equals a listing in the Listing of Impairments, which is a list of medical conditions that are considered disabling. If your condition matches a listed impairment, you will be considered disabled.
  4. Step 4: Can the claimant perform past relevant work?: The SSA will determine if you can perform any of your past relevant work despite your medical condition. If you can still perform your previous work, your claim will be denied.
  5. Step 5: Can the claimant perform any other work in the national economy?: The SSA will evaluate your ability to perform other work in the national economy, considering your age, education, and work experience. If you cannot perform any other work, you will be considered disabled.

If you are denied disability benefits, you can appeal the decision and request a hearing with an Administrative Law Judge (ALJ). It’s essential to have a qualified Social Security Disability lawyer to represent you throughout the appeals process. A skilled attorney can help gather additional medical evidence, prepare you for the hearing, and present a compelling case on your behalf.

By understanding the SSA’s five-step evaluation process, you can better prepare your application and improve your chances of receiving the disability benefits you deserve.

Navigating the Appeals Process

If your initial application for a social security disability claim is denied, don’t give up. According to the Annual Statistical Report on the Social Security Disability insurance program, only 21% of applicants were awarded benefits at the initial claims level.

Graph that shows how many initial applications are denied for social security benefits You have the right to an appeal and there are multiple opportunities to contest a denial and this starts with a reconsideration request. A skilled law firm can help you navigate every step of the appeals process which will greatly improve your chances of a successful outcome.

If this reconsideration request is not successful, the next step is to request a formal hearing before an administrative law judge. This is an important step and an attorney will help you gather all the necessary information and documentation along with other evidence to support your appeal. If the ALJ still denies your request, applicants are allowed to seek a review from the appeals council.  The graph above shows the levels of success and what the chances are of winning an appeal.

The final recourse is to file a lawsuit in federal court if all previous steps fail. Having an attorney experienced with this process is critical as they will ensure that all the appeals are filed within the deadlines and that the necessary evidence is presented effectively.

Understanding The Disability Hearing

A disability hearing is a very important step in the social security disability claim appeals process. Ultimately, the administrative law judge will make a decision based on the medical condition of the applicant along with evidence that has been obtained and put in the case file. It is considered informal, but the hearings will all be recorded and applicants and their legal counsel can ask questions to witnesses.

Extensive preparation is the key to a successful disability hearing. A lawyer will prepare for the hearing so you know what to expect. They will most likely go over what potential questions you could be asked and the different scenarios that you might face.

After the hearing is finished, the ALJ will issue a written decision. This decision will be mailed to both the applicant appealing their denial along with their attorney(s). This decision is crucial when determining whether the claimant will receive any social security disability benefits.

When To Contact a Lawyer Experienced in Social Security

Many people don’t know how to start an application for a social security disability claim. Many people call us for help during the initial application, but we always recommend that you fill out the initial form by yourself first. You can find information about how to apply here. If you receive a denial letter, this is when you should get an attorney involved.

Hiring a lawyer quickly after a denial letter will make sure that your appeal is filed in the necessary timeframe and will give you the best chance to a successful outcome.

How To Choose The Right Social Security Attorney

So, you filled out the initial application, received a denial letter, and have decided to hire an attorney to help you with the appeals process; now how do I choose the best lawyer?

You should seek out lawyers who have experience handling social security claims and have the expertise necessary to navigate the complicated process.  You should ask your friends, do an online search and look for reviews, and then call a couple of attorneys to see who you like.

You should prepare a list of questions to ask your potential lawyers such as how much experience they have with similar social security disability cases and if they feel confident that they can help you.

The Clark Law Office, for instance, has a long-standing reputation for helping clients successfully navigate the complex world of Social Security Disability claims in Michigan.  We have handled hundreds of social security disability appeals  and over 30 years of experience in the local Lansing area, making it a reliable choice for anyone seeking Social Security benefits.

Call The Clark Law Office For a Free Case Review and Legal Representation

We utilize a contingency agreement, meaning that we will only collect payment from retroactive benefits awarded.  This allows applicants who need skilled legal representation the opportunity to hire a great lawyer without the burden of upfront costs.  We offer a free consultation to all potential clients where they can explain their situation.  We will give you our honest opinion about your appeal and give you the best options moving forward.

With over 30 years of experience, The Clark Law Office has dedicated their lives to helping people in the local Lansing area.  We can help you gather essential medical evidence and give you top rated representation at disability hearings.  Call or text us today for a free consultation at 517-347-6900!

Frequently Asked Questions

How long does the disability process take?

There is nothing quick in the process of obtaining social security disability benefits.  The wait time for a decision after an initial application is typically 6-8 months.  If your claim is denied, you must got with the appeals process and it could be years before receiving your fist disability payment.

How can a Social Security help with my appeal?

An attorney will help build the strength of your social security disability claim to appeal your denial. They will collect necessary medical documents and ensure that all forms are filled out correctly. Skilled legal representation will make the appeals process less intimidating and more effective.

What are the main types of Social Security Disability benefits?

The main types of Social Security Disability benefits you should know about are Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), and Disabled Adult Child Benefits. Each one of these programs serves different needs, so it’s important to know which will apply to you or your situation.  You will need to know the difference between SSDI and SSI.

How do I qualify for SSI or SSDI?

You can qualify for Supplemental Security Income (SSI) if you’re 65 or older, blind, disabled, earn less than $1971 a month and have $2000 or less of the following : cash, bank accounts, stocks, bonds, mutual funds, vehicles, land, personal property, life insurance, and anything else convertible to cash.

You can quality for Social Security Disability Insurance if you have a medically determinable impairment that prevented substantial gainful activity (SGA) for at least 12 months or results in death.

When should I contact a lawyer to help me?

You should contact a lawyer as soon as you become disabled or right after getting a denial letter for your social security disability claim to make sure you don’t miss any important deadlines for your appeal. We recommend filling out the initial application on your own and contacting a lawyer immediately upon denial. It’s all about staying on top of the process!

What happens during a disability hearing?

During a disability hearing for your social security disability claim, the judge looks at your medical evidence and conditions, and it’s a chance for you and your representative to ask questions. It’s informal, so feel free to engage and clarify anything you need.

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