SSDRC authored by Tim Moore
Social Security Disability and SSI Questions and Answers
What is the Application Process for Social Security Disability and SSI?
How do you Win Benefits under Social Security Disability or SSI?
If I am determined disabled, how far back will Social Security pay benefits?
How do you prove your disability case if you have a mental condition?
What Can I Do to Improve My Chances of Winning Disability Benefits
Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits
How to File for Disability - Tips for Filing
If You Get Approved For SSDI Will You Also Get Medicare?
How much does a Social Security disability attorney get paid?
Social Security Disability SSI Criteria and the Evaluation Process
How long does it take to be approved for SSI or Social Security disability?
What do you Need to Prove to Qualify for Disability Benefits?
Social Security Disability SSI and Fibromyalgia
Social Security Disability SSI and Degenerative Disc Disease
Can I Qualify For Disability and Receive Benefits based on Depression?
More questions about SSD and SSI
What Disabilities Qualify for SSI and Social Security Disability Benefits?
Social Security Disability Status
Social Security Disability Tips — how a claim gets worked on
Social Security Disability, SSI Disability - Terms, Definitions, Concepts
Do I Have A Good Chance Of Winning Social Security Disability On Appeal?
How to prove you are disabled
and win disability benefits
The answer to this question depends upon which angle you look at it from. You have a fairly decent chance of winning Social Security disability if you appeal your disability claim to an administrative law judge hearing. The Social Security disability process begins with an initial disability claim and it could end in federal court, although most disability claimants only pursue their disability claim through the administrative law judge hearing level, or perhaps an appeals council review (the appeals council is where denials issued by administrative law judges are appealed).
The likelihood of an administrative law judge’s decision being turned over at the appeals council review is rare, so rare, in fact, that disability claimants are allowed to file a new disability claim while awaiting their appeals council review decision.
If you are just considering your chances of winning your Social Security disability or SSI disability benefits at a certain level of the appeal process, then it should be first clarified that the average claimant will not have a good chance of winning Social Security disability or Supplemental Security Income disability (SSI) at the first appeal level, which is the reconsideration appeal level. The average national approval rate for reconsideration appeals is about ten to fifteen percent.
However, if you receive a denial of your reconsideration appeal, the chance of winning disability benefits with the Social Security Administration dramatically improves if A) you are not discouraged and B) you file a request for an administrative law judge hearing. The administrative law judge hearing level is the most winnable level of the Social Security disability appeal process. Administrative law judges approve about sixty-six percent or two thirds of all disability claimants who attend their disability hearing, provided that they are represented by a disability attorney or a non-attorney representative.
You just have to avoid giving up after being denied at the initial disability claim (i.e. the disability application) level and reconsideration appeal level. Which means taking the next step and filing a request for a disability hearing. It can take twelve months or longer to be scheduled for a disability hearing.
Return to: SSDRC, or the Social Security Disability Questions page