Michigan Social Security Blog

Michigan Social Security Disability Law Blog

The Social Security Disability Benefit Process 

December 31st, 2008

At the Bernstein Law Firm, we are dedicated to making sure every decision made about your Social Security Disability claim is correct and fair.

The Social Security Administration is the federal agency that decides whether you are eligible for benefits. It will send you a letter explaining their decision. If you do not agree, you can ask us the agency to review your case. This is called an appeal.

If you wish to appeal, you must make your request in writing within 60 days from the date you receive the denial letter.

There are three levels of appeal. They are:

1. Hearing by an administrative law judge.
2. Review by the Appeals Council
3. Federal court review

You can handle your own Social Security appeal or you can retain an attorney to represent you. Social Security will work with your attorney just as it would work with you. Your attorney can act for you in most Social Security matters and will receive a copy of any decisions Social Security makes about your claim.

At the first level of appeal, you can request a hearing before an administrative law judge. You and/or your representative may come to the hearing and explain your case in person. You may look at the information in your file and give new information. The administrative law judge will question you and any witnesses at the hearing. You or your representative also may question the witnesses.

After the hearing, the administrative law judge will make a decision based on all the information in your case, including any new information given.

If you disagree with the hearing decision, you may ask for a review by Social Security’s Appeals Council. If you disagree with the Appeal Council’s decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court.

If you or a loved one is fighting for Social Security Disability benefits, contact one of our experience Social Security attorneys immediately for a free confidential legal consultation.

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