After you file a disability application with the Social Security Administration, the SSA transfers your file to a state agency called the Michigan Disability Determination Service. The Disability Determination Service is responsible for gathering your medical evidence, sometimes sending you to consultative examinations and ultimately making an initial determination as to whether you meet the disability requirements. The SSA generally takes 90 to 120 days to decide your case at the initial application level. The SSA denies the majority of claims at the initial application level.
If you are denied at the initial application level, you may appeal by filing a request for reconsideration.* At the request for reconsideration level, the Disability Determination Services evaluates a claim for a second time.
*The request for reconsideration must be filed within 60 days of the Notice of Disapproved Claim. This is an extremely important deadline. If you fail to appeal within 60 days, you must start over with an initial application. If you have appointed the Law Office of David S. Hankus to represent you, we will file the appeal for you.
If you are denied at the request for reconsideration level, you may appeal by filing a request for hearing by an administrative law judge. This appeal must be filed within 60 days of the request for reconsideration denial, and again, our office handles this for our clients.
Depending on the hearing office to which your case is assigned, you will generally wait for six to eighteen months for an administrative law judge hearing. Statistics show that your chance of being approved for benefits is significantly higher if you are represented during the application and hearing process. Contact our office today for a free telephone consultation.