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

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