Michigan SSDI Law

What if my SSDI application has been denied?

Appeal — do not reapply. You have 60 days from the denial to move to the next stage. Most Michigan approvals happen on appeal, not on the first try.

Every appeal deadline

60

Days to reconsideration

From initial denial notice

60

Days to ALJ hearing

From reconsideration denial

60

Days to Appeals Council

Then 60 more to federal court

The short answer

A denial is a starting line, not the finish.

SSA denies roughly two-thirds of initial SSDI applications nationwide. Michigan runs at very similar rates. Reapplying is almost always the wrong move — it forfeits back pay and does not challenge the reasons the first denial issued. The appeal system is designed for exactly your situation.

Do this

Appeal within 60 days

Under 20 C.F.R. § 404.909, § 404.933, and § 404.968, every stage of appeal has a 60-day deadline from the date you receive the prior decision.

Do not do this

File a brand-new application

A new application wipes out the earlier filing date and forfeits months (sometimes years) of retroactive benefits under 42 U.S.C. § 423(b).

Why SSA denied your claim

Every SSDI denial notice includes a Personalized Disability Explanation identifying the specific reason. The most common denial reasons in Michigan are:

  • Not disabled — medical. DDS found your impairment is not severe enough or not expected to last 12 months.
  • Not disabled — vocational. DDS concluded you can perform your past work or other work in the national economy.
  • Substantial gainful activity. Your earnings exceeded the SGA limit ($1,620/month in 2026).
  • Not insured. Insufficient work credits or your Date Last Insured has passed under 42 U.S.C. § 423(c).
  • Failure to cooperate. Missed consultative exam, unreturned forms, or unresponsive updates.
  • Failure to follow prescribed treatment. Under 20 C.F.R. § 404.1530, denial can follow if you would recover with prescribed treatment and refuse it without good reason.

Stage 1 — Request for Reconsideration

File Form SSA-561 (Request for Reconsideration) online at ssa.gov, by mail, or at a Michigan SSA field office. You must file within 60 days of the date you receive the denial (SSA presumes receipt 5 days after mailing). Reconsideration is a fresh look by a new DDS examiner and consultant. Approval rates are low, but the step is mandatory before you can request an ALJ hearing.

Attach any new medical records, treating-source statements, or functional evidence — even records that predate the initial application if they were not in the file.

Stage 2 — Administrative Law Judge hearing

File Form HA-501 (Request for Hearing by ALJ) within 60 days of the reconsideration denial. Your case is assigned to a Michigan Office of Hearings Operations location — Detroit, Livonia, Grand Rapids, Lansing, Oak Park, or Mount Pleasant. Hearings are held in person, by video, or by phone. This is where the majority of Michigan SSDI cases are actually approved.

Between the request and the hearing (currently 10-14 months of wait), we develop the medical record, obtain treating-source opinions, prepare you to testify, and prepare cross-examination of SSA's vocational and medical experts.

Stage 3 — Appeals Council

If the ALJ denies your claim, file Form HA-520 (Request for Review) within 60 days. The Appeals Council can deny review, affirm, reverse, or remand to the ALJ for a new hearing. Most Appeals Council decisions are remands — the case goes back to the ALJ for correction of legal or evidentiary errors identified in the briefing.

Stage 4 — Federal court

After Appeals Council review, you have 60 days to file a civil action in the U.S. District Court for the Eastern or Western District of Michigan under 42 U.S.C. § 405(g). The court reviews whether the ALJ decision is supported by substantial evidence and free of legal error. If not, the court remands under sentence four or sentence six of § 405(g). Attorney fees at this stage are governed by 42 U.S.C. § 406(b) and the Equal Access to Justice Act (28 U.S.C. § 2412(d)).

Why appeals beat reapplications

A new application resets the clock. Under 42 U.S.C. § 423(b), SSDI retroactive benefits are capped at 12 months before the application date (minus the 5-month waiting period). Every month you spend on a doomed reapplication instead of an appeal is a month of retroactive benefits you can never recover. And under administrative res judicata, a prior unappealed denial forecloses re-litigation of the same time period on a new application.

Denied? The clock is already running.

Call Jay Trucks & Associates the day you get the notice. We'll read the denial, identify the exact reason, and file the correct appeal before the 60 days runs out — free of charge and with zero obligation.

Pay nothing unless we win your case

We handle every Michigan SSDI case on contingency. No retainer. No hourly fees. No risk to you. SSA-approved attorney fees are paid only out of past-due benefits if we win — if we don't get you approved, you don't owe us a dime.

  • Free, no-obligation case review
  • We come to you anywhere in Michigan
  • Available 24/7 — we answer the phone
  • Decades helping Michigan claimants

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Call our Michigan SSDI team

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