Overview of Disability
Disability Back Pay
Requirements for Disability
Applications for disability
Tips and Advice for Disability Claims
How long does Disability take?
Winning Disability Benefits
Common Mistakes after a Denial
Mental Disability Benefits
Denials for Disability
Appeals for denied claims
Disability Benefits from SSA
Child Disability Benefits
Qualifications and How to Qualify
Working and Disability
Disability Awards and Notices
Disability Lawyers, Hiring Attorneys
Social Security List of Conditions
What Social Security considers disabling
Medical Evidence and Disability
Filing for Disability Benefits
Eligibility for Disability Benefits
SSD SSI Definitions
SSDRC authored by Tim Moore
Ask a question, get an answer
Will An Attorney Be More Successful On A Social Security Disability or SSI Appeal?
This question depends upon the disability claimant and the level of appeal their disability claim is at. Some disability claimants have mental or physical conditions that make it difficult for them to file their own appeals. Generally, I would say that if a disability applicant can complete their reconsideration appeal paperwork, they do not need an attorney or Social Security disability representative. The reason being: the attorney or representative can do no more for the claimant than they can do for themselves at the reconsideration appeal level.
My opinion, however, changes if the disability claimant is not capable of completing their reconsideration appeal due some kind of mental or physical problem. If a disability claimant has a condition, or conditions, that would interfere with them being able to complete their appeal forms, they should by all means obtain the services of an attorney or Social Security disability non-attorney representative to file their reconsideration appeal, or any other appeals that are necessary.
It has been my experience that attorneys or Social Security representatives are more successful in winning disability hearing appeals. Not only has it been my experience, but national statistics indicate that disability claimants with representation are up to fifty percent more likely to win their disability benefits at a social security hearing than those who do not have an attorney or representative.
What are the differences between reconsideration appeals and administrative law judge hearings that might enable attorneys or Social Security representatives to be more successful in winning benefits? The biggest difference is the fact that disability hearings are held in a courtroom--albeit an informal court setting--before an administrative law judge.
To that end, it is beneficial to have someone who knows the vocational rules, listing impairment criteria, and other Social Security disability guidelines so that they can present your disability claim to an administrative law judge who is familiar with those same guidelines.
In addition to presenting your disability case in the best possible light, your attorney or representative is able to get updated medical evidence to support your disability claim.
It is true that some individuals would win their disability benefits at a disability hearing not matter what based strictly on the medical information in the file; however, there are many others for which an attorney or representative might be able to gather and present information that could make the difference between an approval or denial. If you have to appeal your disability claim to an administrative law judge hearing, you should most certainly consider representation.
Return to: Social Security Disability Resource Center, or read answers to Questions
Should you get Help from a Disability Attorney before the Claim has been Denied?
Why do I need an attorney for Social Security disability?
What Will a Disability Lawyer Do to Win a Social Security Case?
How much does a Social Security disability attorney get paid?
Using a Lawyer for an SSDI Disability Case
How will an attorney help me win disability benefits?
Disability Lawyers and Finding your Disability Lawyer
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria