Having your Social Security Disability Insurance (SSDI) claim denied can leave you wondering what went wrong and what you are supposed to do next. A denial does not necessarily end your claim. Social Security has an appeals process that allows applicants to challenge a decision and provide additional evidence supporting their disability claim.
At Bruce Weider, PC, we help people in Ypsilanti, Ann Arbor, and communities throughout Southeast Michigan apply for SSDI benefits and appeal denied claims. Whether you are preparing an initial application, dealing with a denial, or getting ready for a Social Security disability hearing, our firm can help you build and present your claim.
Bruce L. Weider has more than 30 years of legal experience helping people pursue disability benefits. If a medical condition prevents you from working, contact our office to discuss your SSDI claim or appeal.
What Is Social Security Disability Insurance (SSDI)?
Social Security Disability Insurance is a federal program for workers who meet Social Security's disability requirements and have sufficient work history under the program. SSDI is funded through Social Security taxes paid on wages and self-employment income.
If you qualify, SSDI can provide monthly disability benefits. Certain family members may also be eligible for benefits based on your earnings record.
SSDI is different from Supplemental Security Income (SSI). SSDI eligibility is tied to your work history and insured status, while SSI is generally based on financial need. Both programs use Social Security's disability rules when evaluating adult disability claims.
Who Qualifies for SSDI Benefits in Michigan?
To receive SSDI, you must satisfy both the program's work requirements and Social Security's definition of disability.
Work history and work credits: You must have worked long enough and recently enough in employment covered by Social Security. The number of work credits needed depends in part on your age when your disability began. Many workers age 31 or older generally need at least 20 credits during the 10 years immediately before their disability began, although different rules can apply to younger workers.
A qualifying disability: Social Security generally requires a medically determinable physical or mental condition that prevents substantial gainful activity and has lasted, or is expected to last, at least 12 months or result in death.
Medical and other evidence: A diagnosis alone may not establish disability. Medical records, treatment history, test results, information about your symptoms, and evidence showing how your condition limits your ability to work can all become part of the decision.
Social Security also considers what you can still do despite your medical conditions. If SSA determines that you can perform your past work or adjust to other work, your claim may be denied.
Why Does Social Security Deny Disability Claims?
A disability claim can be denied for medical or non-medical reasons. Sometimes the dispute is not whether you have a diagnosed medical condition. The disagreement is over how much that condition actually limits your ability to work.
Reasons for an SSDI denial may include:
- Social Security believes you can still perform your past work.
- SSA believes you can adjust to another type of work.
- Your records do not provide enough medical evidence of your limitations.
- Your condition is not expected to prevent substantial work for at least 12 months.
- Your earnings are above Social Security's substantial gainful activity limit.
- You do not have enough recent work credits to remain insured for SSDI.
- Important records, treatment history, or other information are missing from the claim.
Even if you cannot return to your previous job, Social Security may decide that you can perform less demanding work. We discuss this issue in more detail in our guide to what happens when Social Security says you can perform a “sit-down job”.
My SSDI Application Was Denied. Can I Appeal?
Yes. If Social Security denies your SSDI application, you generally have 60 days after receiving the decision to request an appeal. Social Security generally assumes you received the notice five days after the date on it.
The Social Security disability appeals process can include:
- Reconsideration: A new review of the initial determination.
- Administrative Law Judge hearing: If the reconsideration is unsuccessful, you can request a hearing before an ALJ.
- Appeals Council review: You can ask the Appeals Council to review an unfavorable hearing decision.
- Federal court review: After the administrative appeal process, some claims may proceed to federal district court.
These stages are not simply repeated versions of the initial application. Additional evidence can be submitted at different points in the process, and a hearing gives the claimant an opportunity to testify about the limitations that prevent them from working.
Do I Need a Lawyer to Apply for Social Security Disability in Michigan?
At Bruce Weider, PC, we help develop disability claims by reviewing the issues SSA is likely to consider, gathering relevant medical evidence, looking closely at a claimant's work history and limitations, and handling appeals when a claim has been denied.
Medical evidence is especially important because Social Security does not look only at the name of your condition. SSA also considers how your physical and mental limitations affect work-related activities. At later stages of the disability evaluation, Social Security considers whether you can perform past relevant work and, if not, whether you can adjust to other work based on factors including your age, education, work experience, and remaining abilities.
Learn more about the role of medical evidence in Social Security Disability claims and filing a disability claim with Social Security.
How Can Bruce Weider, PC Help With a Denied SSDI Claim?
If your disability claim has already been denied, our first concern is understanding why.
We can review the denial and the evidence in your claim, identify issues that need to be addressed during the appeal, help obtain relevant medical documentation, and prepare for a Social Security disability hearing when one is required. Bruce Weider has been handling disability matters for more than 30 years. Our firm works with people who are applying for benefits as well as those who have reached the appeals process after Social Security said no.
If you recently received a denial, do not let the appeal deadline pass while deciding what to do. You can also read our guide on what to do after an SSDI claim is denied.
Social Security Disability FAQs for Michigan Applicants
Does My Age Affect My SSDI Claim?
It can. If Social Security determines that you cannot perform your past relevant work, SSA may consider your age along with your education, work experience, and residual functional capacity when deciding whether you can adjust to other work.
Can I Qualify for SSDI If I Cannot Do My Old Job?
Possibly, but being unable to perform your previous job does not automatically qualify you for disability benefits. Social Security may move to the next step and decide whether you can perform other work that exists in significant numbers in the national economy.
How Long Do I Have to Appeal an SSDI Denial?
You generally have 60 days after you receive an unfavorable Social Security decision to request the appropriate appeal. SSA generally assumes you received the notice five days after its date. Your notice should explain the appeal available to you and the applicable deadline.
Can I Work While Applying for SSDI?
Working does not automatically prevent someone from applying for SSDI, but your earnings and the nature of your work can affect the disability determination. Social Security considers whether you are performing substantial gainful activity as the first step of its adult disability evaluation.
Talk With Bruce Weider, PC About Your SSDI Claim or Appeal
If a physical or mental condition is keeping you from working, or Social Security has already denied your disability claim, Bruce Weider, PC can review where your claim stands and what needs to happen next.
Bruce has more than 30 years of experience helping people pursue Social Security disability benefits. Our firm serves clients in Ypsilanti, Ann Arbor, and communities throughout Southeast Michigan.
Request a free consultation to discuss your SSDI application, denial, or appeal with our office.
