Skip to main content

HOW LIKELY ARE YOU TO WIN A SOCIAL SECURITY DISABILITY CLAIM?

Social Security disability claims begin with a very low chance of approval.  Then, as the progress through the appeals system, the chance of an award gradually improve.  Here are the average award rate for each level:

APPLICATION            RECONSIDERATION           HEARING

28 Percent                   18 Percent                            54 Percent

The hearing is the 3rd attempt to get your claim approved.  And it represents by far your best chance.

If your application is denied, it is even more likely to be denied again at "Reconsideration."  Getting the case before a US Administrative Law Judge (ALJ) is then the most important thing that can done.

The claimant and his/her attorney will meet with the ALJ and present oral testimony and additional medical evidence.  The judge will render a new decision without being bound by any previous Social Security decisions.  Approximately one-half of ALJ hearing decisions are favorable.

Never go before an Administrative Law Judge alone.  Doing so will most likely postpone your hearing.  The judge will usually counsel claimants to "get a lawyer and come back for a later hearing."  This may postpone the hearing 3 or 4 months or more.

 The Forsythe Firm in Huntsville, AL helps claimants in Alabama, Tennessee and other states with Social Security disability approval. 

 

 

Comments

Popular posts from this blog

IS IT HARD TO GET SOCIAL SECURITY DISABILITY IN TENNESSEE?

  How hard is it to get Social Security disability (SSDI) in Tennessee? It can be very difficult.  In the beginning stages of the process, it seems like the agency is out to deny as many claims as possible.  Later--in the appeals process--it takes more technical and legal skill to move through the labyrinth of obstacles. What's the usual reason for an SSDI denial? If you look at all the denial letters, the most comm on reason given is:  You are not disabled according to our rules. The 2 main explanation for finding claimants not disabled are: 1.  You are able to perform some of your past relevant work. 2.  You can't perform any of your past work but you are able to do other work. Those are the two "catch all" reasons Social Security gives for nearly all of their denials.  Both of these reasons fall into the category of a medical denial .  The claimant's condition is not deemed severe enough to prevent all work. There are other reasons for d...

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...