Skip to main content

ODDS OF WINNING A SOCIAL SECURITY DISABILITY APPEAL by Charles Forsythe

Out of each 100 disability claims filed in 2022, 73 were denied by Social Security.  That's a dismal approval rate of 27 percent.

Here's where the numbers get brighter:  For every 100 denials that were appealed and taken before a judge, 54 won.  So, when you get before a federal judge, your odds of winning are 54 percent!  That's the national average.

 Keep in mind that most of those appeals were prepared and represented by attorneys or well qualified non-attorney advocates.  Does that make a difference?

A recent study by the Us Government Accountability Office (GAO) finds that claimants represented by professional counsel are 3X as likely to win.

Two obvious conclusions stand out here:

One:  Appeal every denial.  Every denial.  The law gives you 60 days to appeal any decision you disagree with.  If you don't appeal, you lose your best chance to win.

Two:  Hire a professional who knows the law to help you.  You won't be charged a fee unless you win, and by law any fee by your attorney must come out of back pay (past due benefits).  So, if you don't get past due benefits, there can be no lawyer's fee.

The Forsythe Firm in Huntsville has helped thousands of clients with appeals and hearings.  Our success rate is well above the national average of 54 percent!  You will NEVER be charged a fee unless you win and receive past due cash benefits.

   

Comments

Post a Comment

Popular posts from this blog

IF I CHANGE ATTORNEYS WILL IT DELAY MY DISABILITY CASE?

No.  Getting a new attorney will NOT delay your pending Social Security disability claim or appeal .  Your new attorney "inherits" the case and picks up where the other attorney left off.  There is no re-filing or starting over, so your case is not set back or delayed at all.  Social Security maintains an electronic folder stored in its system.  This folder contains every document ever submitted concerning your claim or appeal.  Your new lawyer may log into your electronic files and see, in real time, all the evidence and other documents in your file. While we do not recommend changing attorneys while your case is pending a decision, it is sometimes necessary.  You may need a new lawyer if your attorney dies, retires or  becomes disabled before your case is settled.  You may choose a new attorney without delaying or causing any set back to your case. If you are considering obtaining a lawyer to handle your Social Security disability case in...
Post a Comment
Read more

URGENT MESSAGE FROM SOCIAL SECURITY'S TOP OFFICIAL - February 18, 2025

There is a lot of talk and speculation about Social Security in the new Trump Administration.  The acting commissioner of Social Security recently resigned and Lee Dudek has been appointed the new Acting Director. Today (2/18/2025) I received a message from the new Acting Commissioner Dudek.  Here is part of Director Dudek's message on Social Security for 2025:   Our continuing priority is paying beneficiaries the right amount at the right time, and providing other critical services people rely on from us. DOGE personnel CANNOT make changes to agency systems, benefit payments, or other information. They only have READ access. DOGE personnel do not have access to data related to a court ordered temporary restraining order, current or future. DOGE personnel must follow the law and if they violate the law they will be referred to the Department of Justice for possible prosecution.                      ...
Post a Comment
Read more

SOCIAL SECURITY DISABILITY APPLICATION PROCESS

  Here is a brief overview of what takes place after you file your Social Security disability application : Application confirmation  – Social Security will mail you a copy of your application to sign. You will have an opportunity to review the application, correct any errors, and send it back to Social Security for processing. You must return the signed application. Social Security will not process your application until they receive your signed confirmation. And they don't send reminders about this. Function report  – Social Security will mail you a form called a function report . This form will ask questions about your personal care, meals, house and yard work, getting around, shopping, money, hobbies and interests, social activities,  and other abilities. This form will help Social Security determine what you can and cannot do on a daily basis. It must be filled out carefully and fully and returned. Work history report  – Social Security will ma...
Post a Comment
Read more