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
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Disability Hearings - how many are won?
The second level of the Social Security disability appeals process is a hearing before an administrative law judge. Statistically, most disability claims for either social security disability or SSI are won at the at the disability hearing level. You may be wondering what makes the Social Security hearings appeal level more favorable toward the disability applicant than either the disability application or the first appeal, the reconsideration.
There are actually a couple of things that make the disability hearings appeal level more favorable to Social Security disability claimants and SSI claimants.
The disability hearings level is the only time you will meet and be able to speak in person to the individual who is going to adjudicate (make a decision) your disability claim. This can make quite a difference in the process and because of this you will cease to be simply "a file". The judge will have the opportunity to question you and your disability attorney about your medical treatment history and your work history. And, likewise, you will have the opportunity to provide immediate answers and provide information regarding your condition and how it has affected your ability to work.
Additionally, this person (the administrative law judge) has the power to be more lenient in their interpretation of Social Security disability rules and guidelines while making a disability decision than the previous initial claim or reconsideration appeal levels (decided by a disability examiner at a state agency usually known as DDS). About half of all the disability claims that reach an administrative law judge hearing are an allowance, meaning they are approved.
The next question that may come to mind is “Do you have to have a representative to win your disability claim?”. The simple answer to the question is no you do not have representative. However, if you want to win your disability claim it may be wise to hire a representative.
More Social Security disability and SSI claims with representation are won at the administrative law judge hearing; moreover statistics suggest that an average of sixty percent of the disability claims with representatives are won, and that some representatives win anywhere from seventy to ninety percent of their disability hearings.
How can disability attorneys win such a high percentage of the cases they handle? Simply because it is easier for your representative, who knows the inner workings of the Social Security disability process, to present the facts of your disability claim in a manner that is most favorable to your winning Social Security disability or SSI disability benefits.
Return to: Social Security Disability Resource Center, or read answers to Questions
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