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
How Many Disability Hearings are Won?
How to prove you are disabled
and win disability benefits
For individuals who have been denied for disability benefits, the best route to take will be to initiate the appeals process. This begins by filing a request for reconsideration. This first appeal is handled, again, by a disability examiner, and most reconsiderations are denied. However, after a reconsideration denial has been received, a claimant may file a request for hearing before an administrative law judge.
How many hearings are won?
Forty percent of claimants who go to hearings unrepresented will typically win their claims. What is the benefit of representation then? Up to sixty-two percent of claimants who go to hearings with representation will win their claims, which is a fifty percent improvement in the odds of winning versus going to a hearing alone.
Hearings represent the best opportunity for winning disability benefits for those who are not lucky enough to be approved at the initial claim level. However, disability hearings cannot be requested until a disability application has been denied, and a reconsideration appeal has also been denied.
When do you actually get to see a judge for a social security disability or SSI claim? After the hearing request has been made (if you are represented by a lawyer, your lawyer will submit the hearing request and take care of all the hearing related matters that occur along the way such as obtaining a copy of your file and submitting evidence updates), it will usually take many months for the process to play itself.
This means that the hearing request will need to be processed at the local social security office where it was submitted and then it will need to be transferrred to the hearing office that has jurisdiction (hearings offices are known as ODAR, which stands for Office of Disability Adjudication and Review) for the case.
At that point, the case will simply go into a queue waiting to be assigned to an ALJ whose staff will do the workup on the case (marking exhibits for the hearing) and then scheduled as the administrative law judge's schedule permits. All told, it can often take one year or longer to get a hearing date.
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Topics and Questions
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