Detroit Social Security disability attorneys know that the typical disability applicant can be easily confused at how disability rulings are reached by governmental agencies. Approximately 70% of all applicants are routinely denied their claim initially, even when many of them are qualified to receive benefits. Applications are first accepted by the Disability Determinations Board for the state of residence of the claimant. And while the first appeal is to the state DDB, the actual appeal hearings are conducted by the Social Security Administration legal system. That is why having a Detroit Social Security Disability attorney like Marc J.Shefman representing your case at hearing is so important.
State Disability Decisions
When states receive a disability application they normally take what medical evidence is presented in the application and apply the disability factors to the Listing of Impairments used for predetermined acceptable disabling conditions. Applicants who do not clearly fall in an established category are denied regularly. States only have the authority to approve Supplemental Security Income claims, or SSI, which is authorized annually based on applicant assets. Applicants who exercise their right to appeal will eventually have the case heard by a SSA Administrative Law Judge who can then consider the unique medical facts making the applicant disabled.
Federal Appeals Hearings
The SSA conducts all hearings regarding disability. Detroit Social Security disability attorneys know that rules for determining a disability as valid are the same for both government levels, but the federal agency ALJ can look at medical evidence provided by your doctors and attorneys and compare disability levels to the impairment listing using the “equal to” allowance under the law. This is normally used when the applicant has several medical issues that impact each other, which then impacts the overall ability to work, termed as residual functional capacity.
Determination Rules Based on Age
The SSA uses a different standard for issuing rulings for those claimants under 50 years of age. These rules center on claimant ability to perform sedentary work, which is work that requires minimal manual labor, and all claimants under age 50 who can perform sedentary work will be denied until the SSA approves their disability claim. The predominant issue for those over 50 years of age is claimant ability to return to work at the same type of job they have historically done.
Contact a Detroit Social Security Disability Attorney
Anyone who has received a disability application denial should contact Detroit Social Security disability attorney Marc J. Shefman at (248) 298-3003 and let Detroit Disability evaluate your claim.