Skip to main content

ODDS OF WINNING SOCIAL SECURITY DISABILITY WITH A LAWYER

What are the odds of winning Social Security disability benefits with a lawyer's assistance?

57 percent in Alabama.

57 percent of claimants in Alabama will be approved for Social Security disability when using a lawyer or competent advocate.

However, that's not immediate approval.  Most claims will be denied at the application level.  In fact, only 22 percent of claims are approved at the early application level.

The 57 percent approval rate comes at the third step of the process--at a hearing before an Administrative Law Judge.

How long does it take to get from the initial filing to the judge?  The time will vary from case to case but you may be looking at 18 to 24 months.

Hearings are legal proceedings and very complex.  They aren't like most claimants imagine.  The claimant has a specific burden of proof that must be supported by objective medical evidence.  The claimant must show that he/she is disabled under the rules and regulations of the Social Security Administration, which is a very specific burden requiring skill and knowledge of the regulations.

Basic points of proof include:

1.  Are you able to perform any of your past relevant work? 

2. Are there any other jobs in the national economy that you would be able to do?

An attending vocational witness (expert) will likely present many jobs that are available in the national economy.   The claimant's burden is to prove that he/she can't perform any of those jobs or the case is lost.  Dealing with the damaging testimony of the vocational expert is part of the lawyer's job.

According to a study by the US Government (Government Accountability Office) - you are about 3 times more likely to win Social Security disability when using a lawyer or non-attorney advocate.

__________________

The Forsythe Firm, 7027 Old Madison Pike, Huntsville - one of Alabama's most successful disability representative firms-- Phone (256) 503-8151. Offering free consultations.  Never a fee until you have won your case and received your entitled past due benefits

Comments

Popular posts from this blog

RED FLAGS IN SOCIAL SECURITY DISABILITY CASES

  RED FLAGS IN A SOCIAL SECURITY DISABILITY CASE A red flag is something that causes concern or raises a problem in a Social Security disability case.   In short, it’s something that may get the claim denied or cause a big problem. Here are some of the red flags that we see crop up: ·          Work after the alleged onset date (AOD).   Since the process takes so long, many claimants feel that they are forced to return to work for income.   Social Security often sees this as a sign that the claimant is not disabled. ·          Severe substance abuse.   Chronic and frequent abuse of drugs or alcohol can pose problems. ·           A skimpy work record.   A claimant who has worked very little or has jumped from job to job frequently may not have good credibility. ·          Quitting wo...

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...

HOW TO COMPLETE A FUNCTION REPORT OR ACTIVITIES OF DAILY LIVING FORM

After you apply for Social Security Disability (SSDI), you will be sent a FUNCTION REPORT to fill out and return.  This form asks a lot of very detailed questions about your daily activities:  driving, cooking, cleaning, dressing, visiting others, hobbies, etc. The Social Security Administration will use your answers to determine whether you can work or not.  You must show on this Function Report that you have limitations that do not permit you to work a full-time job.  You do this by showing your limitations in activities of daily living. Your goal in the Function Report is to show the struggles and challenges you have with everyday life.  It may not be sufficient to answer a question with "Yes" and fail to explain. For example:  "Can you drive?"  If you answer "Yes," Social Security will assume that your ability to drive is unlimited:  you can drive anytime, anywhere and as often or as far as you want.  That may not be true and would need t...