SSDRC




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?

Answers to questions about SSD and SSI disability

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


Does The Social Security Judge Use The Same Rules As The Disability Examiner?


How to prove you are disabled
and win disability benefits

 
In theory, all Social Security disability medical determinations are based upon the same disability rules and guidelines. To that end, Social Security disability examiners are strictly bound by the disability criteria contained in the Social Security impairment listings and established vocational rules (sometimes called the vocational grid).

Disability examiners have very little leeway when making their medical determinations. This could account for the low approval rates for initial disability claims and reconsideration appeals. The national average approval rate for initial disability claims is about thirty five percent and the average approval rate for reconsideration appeals is only about ten to fifteen percent.

It is only when an individual appeals their disability claim to an administrative law judge hearing that their chances of being approved for disability dramatically improve. Now comes the big question as to why this is so if both disability examiners and administrative law judges have the same rules and guidelines to make their disability determinations.

The simple truth is that administrative law judges have more flexibility in interpreting medical evidence and in applying vocational guidelines. For example, administrative law judges have vocational and medical experts to help them with their decisions.

Vocational experts are generally local and are able to interpret the lack or availability of other types of work in the area that might be appropriate for an individual considering their residual functional capacity (what an individual is able to do in spite of the limitations impose upon them by their disabling impairment).

Disability examiners, on the other hand, must look at the national general economy when they make their determinations. Whatever the reason--more flexibility in applying the guidelines, medical experts, or vocational experts--the approval rate for administrative law judge disability hearings is the highest of all levels of the disability process.

National statistics indicate that about sixty-six percent of all disability claimants who attend a disability hearing are approved.














Return to:  SSDRC, or the Questions, Answers, Tips, and Advice page












Individual Questions and Answers


  • How are social security disability decisions made?

  • Filing for SSD Disability - When Should You put in a Claim?

  • How To Get SSDI Approved

  • Is it hard to qualify for Social Security benefits if you have depression?

  • Social Security Disability Denial, Does It Matter If I Get Denied On Reconsideration?

  • How Do You Avoid A Social Security Disability Overpayment?

  • Can you be approved for disability without having to go to a hearing ?

  • Insured Status is What Makes SSDI and SSI Different From Each Other

  • Social Security Disability and Medication

  • Social Security Disability Medical Evaluation Form, Can A Doctor Be Forced to Complete One?

  • Is An ALJ More Likely To Grant A Claim For Disability?

  • Doing the SSDI Appeal Online

  • Applying for disability benefits in Washington

  • Can You Get Approved For Social Security Disability If You Do Not Take Medication Or Go To a Doctor?

  • When I Apply For Disability Should I List My Old Meds From Years Ago?

  • Do You Get Cost Of Living Increases If You Receive Social Security Disability Or SSI?

  • Social Security Disability Doctor, Supportive Statements

  • How Do I Apply For Disability- What Is The First Step?

  • Medical Criteria For SSI Disability

  • The SSI Award Letter from Social Security

  • Proving a Social Security Disability Case Often Means Getting a Statement from Your Doctor

  • Do You Have To Be Out Of Work For A Long Time Before You Can File For Disability?

  • Social Security Disability Hearings - what to expect

  • Hiring a Qualified Disability Lawyer in Arkansas

  • How to Prepare For a Social Security Disability Hearing

  • Should you get a disability lawyer before you file for disability or get an answer on your claim?

  • How to File for SSI

  • Can I Receive Disability Benefits with Back problems?

  • If Your Disability Benefits Are Stopped Can You Get Them While You Appeal?

  • Who is The Doctor for a Social Security Disability Claim or SSI Case?

  • Triple Bypass Surgery and Filing for Disability

  • Will the the SSA Disability Examiner Call or Contact Me at some point?

  • The Social Security Disability Doctor Appointment is Called a CE

  • What If I Do Not Have Enough Work Credits For Social Security Benefits?

  • Will You Get Social Security Disability Benefits If You Cannot Work Your Old Job?

  • How Long Does It Usually Take To Get Disability After I see Their Medical Examiner?

  • Will Your Claim for Disability be Handled Differently if it is Based on a Physical or Mental Problem?

  • Tranverse Myelitis and Filing for Disability

  • Can you get temporary disability?

  • How Much Income Can A Person Earn If He Draws Social Security Disability?

  • Does social security have a rigorous disability criteria evaluation process?

  • If Am Medically Disabled, Can Social Security Still Turn Me Down For Some Reason?

  • Applying for disability benefits in Idaho

  • How many Social Security disability cases are approved for back pain?

  • Social Security Administration Disability Benefits From SSD and SSI
























    SSD and SSI are Federal Programs

    The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:

    Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

    Recent approval and denial statistics for various states can be viewed here:

    Social Security Disability, SSI Approval and Denial Statistics by state

    Special Section: Disability Lawyers and unnecessary claim denials