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. 

Labels:

Comments

Post a Comment

Popular posts from this blog

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...
Post a Comment
Read more

GET YOUR APPLICATION RIGHT - GET PAID SSDI B ENEFITS

  Get your Social Security application right - get paid.   There are hundreds of ways to mess up a Social Security disability application.  One of the most common ways that I see?  Blank lines.  Questions left blank.  One way or another, these questions will get answered before a decision is made on your claim.  They may get answered 6 months later when the Social Security office calls you--but you have just wasted 6 months.   Worse yet, Social Security may assume that since you didn't answer the questions, all the answers are "no," so nobody bothers to call you. This will lead to a negative action on your claim.   The complete disability application will consist, not just of the basic application, but several forms.  Many of those forms will be mailed to you AFTER you file the claim.  The following is always required for a complete application: The basic disability application (5 pages)  Disability Report (14 p...
Post a Comment
Read more

HOW TO PASS A SOCIAL SECURITY DISABILITY EXAM

  So, Social Security is sending you to one of their doctors for an exam.  The first thing you may ask is, How do I pass this exam?   First, I should say that Social Security exams are not "pass or fail."  The doctor or examiner cannot tell Social Security whether or not you are disabled or whether you should get a benefit.  The doctor is going to check certain facts. For example, the doctor may check the range of motion in your joints and list the measurements. They may check your grip strength. (S)he may determine if you have difficulty walking, squatting, kneeling standing from a seated position.  The examiner may answer specific questions asked by Social Security: Is the use of a cane or assistive device medically necessary? Why is it necessary? Can the claimant use his/her hands to grasp and hold objects? Is the claimant able to understand and follow simple directions?  Here is advice I give my clients for a Social Security examination:  ...
Post a Comment
Read more