Countless people rely on Social Security Disability (SSD) and Supplemental Security Income (SSI) benefits to meet their needs. Without these benefits, many of these individuals would be unable to support themselves and their families. Not only can these benefits provide monetary relief, but the critical insurance that accompanies this benefit as well. Therefore, the denial of SSD or SSI benefits can be especially devastating. Luckily, if you’ve been denied SSD or SSI benefits, you have the right to appeal the decision and request a hearing in front of an Administrative Law Judge (ALJ). Below is an overview of what you need to know about SSD and SSI appeals.

When to appeal

If you’ve been denied disability benefits, you must be mindful of the appeal deadline listed on your denial, as well as the type of denial you receive. Your appeal must be filed within 60 days of the date on your denial letter. If you receive a technical denial, stating that you have not acquired sufficient work credits to qualify for benefits, an appeal is likely not your best option. In order to qualify for SSD benefits, for example, you have to have worked long enough and recent as well. However, if you receive a medical denial, finding that you satisfy the work credit criteria, but that your impairment(s) is not severe enough under Social Security’s rules, you will want to consult with an experienced attorney to file an appeal. When your appeal is filed, your case will be forwarded to the Office of Hearings Operations closest to where you live, and it can take anywhere from 12 to 18 months, on average, for the court to schedule your hearing.

• Before your appeal hearing

Prior to your appeal hearing, you must submit updated medical records to the judge in your case for review. All written evidence must be submitted, or at least noticed provided, to the judge no later than five business days before your hearing. In addition to medical records, your disability law attorney may submit a brief to the judge in your case explaining why you are entitled to benefits. Briefs can be a particularly beneficial tool in your case as it outlines the legal arguments in support of your case as well as the pertinent medical evidence and where it can be found in the Exhibit list of your file. This can help the ALJ reconcile any issues that they may have noticed in reviewing your file ahead of time, giving you the advantage you deserve.

• At the appeal hearing

At your hearing, the ALJ will take your testimony regarding your past work and your perceived ability to work into consideration. Depending on the ALJ, and the facts of each case, you may be asked a series of questions about your abilities and limitations considering how well you perform activities at home as well as your social functioning. Following your testimony, the ALJ will examine a vocational expert, who will appear in person or by telephone, regarding your past work classifications and whether there are jobs available for a hypothetical person with your similar limitations. Next, your disability law attorney may ask you additional questions to help support your claim and cross-examine the vocational expert. Having a skilled and knowledgeable disability attorney in your corner will not only ensure that your file is prepared and that you are comfortable, but that no important questions are left unanswered.

• After the appeal hearing

The ALJ in your case will render a decision in writing to both you and your attorney, generally within two to three months after your hearing. If you are approved, your attorney will instruct you on what steps you should take in order to begin receiving benefits. If you’re denied, however, you can either file a new application or file an additional appeal at the Appeals Council within the prescribed deadline as reflected on your decision. Before hiring an attorney, you may consider asking whether the attorney handles cases from the application through appeals to the Appeals Council and beyond if necessary.

Michigan disability law attorneys

The denial of SSD benefits can be devastating and difficult to go at alone. Fortunately, there is help available for people who are disabled in Michigan to ensure their rights are protected. If you would like to receive disability benefits but don’t know how to apply, or if you have been denied the benefits you are entitled to, the skilled disability law attorneys at Disability Law Group are here to help. At Disability Law Group, our compassionate disability law attorneys will assist you with every step of the disability benefits application process. You can also view our other resources such as the myths in SSD hearings. So, if you live in Macomb County, Oakland County, Wayne County, or elsewhere in Michigan and would like to apply for disability benefits or fight a denial, Disability Law Group is on your side. Remember, disability is all we do. Please contact us as soon as possible for a free consultation. 

Post-traumatic stress disorder (PTSD) is an mental disorder that is triggered by the occurrence of a traumatic event, and it puts those afflicted with this condition at risk for a number of debilitating physical and mental problems. Due to their experiences in combat, many veterans suffer from PTSD, leading them to apply for veterans’ disability benefits through the Department of Veterans Affairs (VA). The VA takes a strict approach in evaluating PTSD claims for service-connection and requires multiple components be met before an award. The veteran must prove that they were exposed to a stressor (such as death, threatened death, actual or threatened serious injury or actual or threatened sexual violence). Furthermore, the stressor must have been through direct exposure, witnessed first-hand or indirectly (by learning of a close friend or family member was exposed to such trauma), or by repeated or extreme indirect exposure.

Moreover, there are additional factors that must be met, once the stressor is substantiated, including the symptom(s) severity level, duration, and resulting limitations or impact on overall functioning. Note that if the veteran is diagnosed with PTSD while in active military service, the burden of proving the stressor is lower, but other factors are still required and an examination may still be needed to assign the applicable rating. An applicant’s VA disability rating determines the amount of his or her monthly veterans’ disability benefit. The VA rates PTSD using a standardized rating schedule, and it uses the following to determine an applicant’s rating:

• Medical evidence-The applicant will want to put forth evidence confirming a current diagnosis of PTSD from a qualified medical expert who is competent to diagnose their PTSD. A psychiatrist, for example, who either has a treating relationship with the veteran, or at least undertakes a thorough evaluation upon meeting with him or her, may provide a diagnosis to support a veteran’s claim.
• Examination-An applicant will typically meet with a VA psychiatrist for an examination as part of the rating process. The psychiatrist uses this meeting to diagnose the severity of the applicant’s PTSD due to their related symptoms and limitations.
• Personal statement-When a veteran applies for VA disability benefits, a personal statement may be used to give the VA a sense of how the applicant’s PTSD affects his or her daily life. Certain points should be raised in these statements to ensure the appropriate symptoms and limitations are being highlighted for review.
• Supporting statements-An applicant is permitted to submit statements by friends and loved ones that describe the impact that their PTSD has had on his or her life and the related symptoms they observe.
• Symptoms-If a veteran has kept records of his or her PTSD symptoms and how they’ve evolved over time, these materials may be submitted to the VA as additional evidence of the applicant’s condition and can help when evaluating the appropriate rating that will be assigned.
• Work evaluations-Finally, work evaluations may be submitted to help determine a veteran’s disability rating. Evaluations may be completed by a supervisor or coworkers, and they are intended to demonstrate how PTSD impacts the applicant’s ability to work.

Michigan Disability Law Attorneys

The completion and submission of various forms of evidence allows the VA to evaluate the severity of an applicant’s condition such as PTSD, but the process can be difficult to navigate alone. Therefore, if you are a veteran and you would like to receive disability benefits due to PTSD or some other medical condition, the skilled disability law attorneys at Disability Law Group are here to help. We will ensure that your claim is carefully evaluated and, together, we will come up with a plan of obtaining all relevant evidence that could bolster your claim so that you can receive the correct rating and every benefit you deserve.

At Disability Law Group, our experienced Michigan attorneys will be by your side during every step of the process, from guiding you in the application process and answering any questions that come up with the VA to appealing your denial in court, if necessary. From your very first call, and throughout the entire process, our experienced disability law lawyers will provide you with the exceptional service and compassionate treatment you deserve. So, if you live in Macomb County, Oakland County, Wayne County in Michigan, or anywhere else in the United States, and would like to apply for disability benefits or fight a denial, Disability Law Group can help. At Disability Law Group, disability is all we do. Please contact us as soon as possible for a free consultation.

The Social Security Administration offers two primary benefits options to disabled individuals: Social Security disability (SSD) and Supplemental Security Income (SSI). Both options provide financial assistance to disabled individuals in Michigan. So, if you are disabled in Michigan, be sure to review the information below and contact one of our Michigan disability law attorneys as soon as possible to discuss your benefits options.

How to qualify for SSD and SSI

SSD is available to disabled individuals who suffer from medical problems severe enough to prevent them from holding a job. However, in order to qualify for SSD, an applicant must demonstrate that he or she has a qualifying condition. If an individual’s condition isn’t considered qualifying, he or she may be eligible for SSD based on a review by the Social Security Administration of the applicant’s claim of disability and ability to work. An applicant for SSD must have also earned a specific number of work credits to qualify for benefits. However, those disabled individuals who are unable to qualify for SSD benefits may still be eligible for SSI. Therefore, regardless of your work history or inability to qualify for SSD in the past, please contact one of our Michigan disability attorneys today, as you may be eligible for SSI. In addition, if you’ve recently been denied SSD, you may be able to appeal the decision with the help of our experienced SSD and SSI lawyers.

Amount of benefits and timeline

The amount of benefits that a disabled individual may receive is based on his or her average lifetime earnings. And once an applicant has been approved for benefits, he or she will continue to receive them for as long as his or her medical condition persists. In order to determine an individual’s continuing disability status, the Social Security Administration performs a review every three years following an applicant’s initial approval.

Michigan Disability Law Attorneys

SSD and SSI can be life-changing for disabled individuals in Macomb County, Oakland County, Wayne County, and throughout Michigan. Similarly, the denial of such benefits can be devastating. Therefore, if you would like to receive disability benefits but don’t know how to apply, or if you have been denied the benefits you are entitled to, the skilled disability law attorneys at Disability Law Group are here to help. At Disability Law Group, our experienced disability law attorneys will assist you with every step of the process, from filing the initial application to appealing in court, if necessary. From your very first call, and throughout the entire process, our experienced Michigan lawyers will provide you with the exceptional service and compassionate treatment you deserve. So, if you live in Macomb County, Oakland County, Wayne County, or elsewhere in Michigan and would like to apply for disability benefits or fight a denial, Disability Law Group is on your side. Remember, at Disability Law Group, disability is all we do. Please contact us as soon as possible for a free consultation.