Skip to main content

IS IT GETTING HARDER TO GET DISABILITY BENEFITS?

 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Security cite the main reasons for the inefficiency as (1) inadequate funding, (2) insufficient personnel and (3) outdated computers and IT resources.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.

 

Comments

Popular posts from this blog

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...

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION  The paperwork for Social Security disability is daunting:  page after page of never-ending questions.  But, since most applications will be denied, it behooves you to complete the application correctly.  Here are some mistakes on your Social Security disability application that may ruin your claim.   Failing to Fill Out the Forms —The Social Security Administration (SSA) will send you a lot of forms to fill out. It’s up to you to make sure that you fill out every part of those forms correctly.  Don’t forget: if a question doesn’t apply to you, put “not applicable” or “N/A” in the provided space.   Do not leave anything blank. Return all forms within 10 days. If you don't your application may be discarded or withdrawn. Writing Illegibly —If your case reviewer can’t read your answers, then he/she can’t really say that you answered that question. Be sure the  answers to questions are nea...

WHAT TYPE OF DENIALS DOES SOCIAL SECURITY ISSUE?

In Social Security disability, the most common denials are medical denials.  This means that Social Security doesn't believe the medical evidence in your case meets the exacting standards for an award of disability.  There are technically two kinds of medical denials: 1.  You are able to perform some of your past relevant work.  They have looked at your work history for the past 15 years and judged that your medical conditions permit you to perform one or more of your past jobs.  This is what we call a "Step 4 denial." 2.  You are not able to perform any of your past work - but there is other work in the national economy that you are able to do.  This is called a "Step 5 denial" because it occurs at the 5th and final "step" in the decision making process. There are other types of denials, not nearly as common as the two above.  We sometimes think of these as "automatic" denials or "technical denials."  They are not medical decisions...