I remember when nearly 70 percent of claimants were approved at Social Security hearings. Today, the national average is below 50 percent. And the initial approval rate for new applications hovers around 30 percent.
Spurred by political pressure, the Social Security Administration has been retraining administrative law judges that have a higher rate of approving appeals. This has decreased the rate of successful appeals from 69 percent in 2008 to 48 percent in 2015.
The laws and regulations remain essentially the same, although there have been a few changes and some federal court decisions mandating changes.
Because Social Security disability benefits are so hard to get, it's important to get an advocate or attorney who knows how to get evidence that's gets your claim approved. It may involve fighting through an appeal with the Disability Determination Service (a state agency), followed by a hearing with an administrative law judge.
Your chance of approval actually improves drastically when you go before a judge. The Government Accountability Office (GAO) estimates that claimants with an attorney or qualified representative win 61 percent of cases at hearings. Unrepresented claimants only win about 30 percent.
The downside is that it takes time. The number of new disability claims is decreasing. in 2008 there were 2.2 million new claims. In 2020 there were 1.5 million. In spite of the decrease, Social Security decision making times has continued to increase. Experts within Social Security cite the main reasons for the inefficiency as (1) inadequate funding, (2) insufficient personnel and (3) outdated computers and IT resources.
At the Forsythe Firm we have been very successful in obtaining SSDI benefits for our clients. An experienced specialist in disability will walk you through the process and obtain evidence required to be successful. You will pay us a fee only at the end of your case and only if you succeed with back pay.
For a free no-pressure consultation, call (256) 799-0297.
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