IS AN ALJ (ADMINISTRATIVE LAW JUDGE) MORE LIKELY TO GRANT A CLAIM FOR SOCIAL SECURITY DISABILITY OR SSI?



Is An ALJ (Administrative Law Judge) More Likely To Grant A Claim For Social Security Disability or SSI?



 
There is no question that an administrative law judge (ALJ) is more likely to approve a claim for disability. National statistics show the average approval rates of administrative law judges to be about sixty-six percent. This makes the administrative law judge disability hearing the most winnable level of the entire disability process.

Only about thirty five percent of disability claimants are granted disability benefits at the initial disability claim and only about ten to fifteen percent of the disability claimants who file a reconsideration appeal win their approval rates are discouraging at best, they are still the only way a disability claimant can get to a disability hearing with an administrative law judge (because you cannot request a hearing until your disability application and reconsideration appeal have both been denied).

So what should you do if your initial disability claim is denied? If you still wish to to pursue being approved for disability benefits, you should file your reconsideration appeal. You'll do this knowing that the chances are very high that you will be denied. However, going through the reconsideration appeal stage is a prerequisite for getting to a disability hearing with an administrative law judge.



Although the disability hearing has the highest approval rate, the wait for a hearing generally causes great emotional and financial hardship for disability claimants. Due to large backlogs at hearings offices across the nation, and new requests for disability hearings (which are soaring), the wait time for hearings can be twelve months or more. In some localities, it is not unusual to have to wait for up to two years to get a hearing date.

If a disability claimant can manage to survive the wait for their social security hearing, they are very likely to be granted disability benefits by an ALJ at their disability hearing. While administrative law judges use the same disability guidelines to make their disability decisions, they are allowed more freedom in their interpretation of medical and vocational rules than disability examiners. And this results in more approvals for disability benefits.

So while the process can be difficult, it is in every disability claimant's best interests to use the Social Security Disability appeal process to be granted disability benefits. While it take a lot of time to get a disability hearing, it is far preferable than the alternative of simply filing new applications (which also take processing time but have a much smaller chance of being approved for disability benefits).


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







Most popular topics on SSDRC.com

Social Security Disability in North Carolina

Common Mistakes to avoid after being denied for Disability

Tips to Prepare for Filing for Social Security Disability or SSI

Advice to Win SSD and SSI Benefit Claims

Social Security Disability SSI Questions

What is the difference between Social Security Disability and SSI?

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

What is the Application Process for Social Security Disability and SSI?

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

What makes you eligible for Social Security Disability or SSI?






Related pages:

Social Security Disability Appeal Attorney Fees
Can you get disability the first time you apply?
Should I get a lawyer for my disability hearing for SSD or SSI?
Social Security Disability and Going In Front Of A Judge - What Happens?
Do Most People Need To See A Judge To Get Disability Benefits From Social Security?
Can you still Appeal if the Judge denies your Disability Claim?
Is An ALJ (Administrative Law Judge) More Likely To Grant A Claim For Social Security Disability or SSI?
How Long Does It Take To Go Before A Judge For Disability Benefits?
Does The Social Security Judge Use The Same Rules As The Disability Examiner?
How do I see a judge for my Social Security Disability case or SSI Claim?
Do you have to see a judge to get disability benefits?
When do you see a judge for a Social Security Disability or SSI claim?
What Percentage Of Social Security Disability or SSI Cases Does A Judge Deny?
If you apply for disability in Nevada
Getting a Disability Lawyer in Nevada