How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay
The Administrative Law Judge At A Disability Hearing has the highest rate of approval
The administrative law judge appeal level has the highest rate of approval of all the levels in the Social Security Disability process. About two thirds of all disability applicants who attend a disability hearing before an administrative law judge win their disability benefits. More people win their benefits at the disability hearing than the initial disability claim and reconsideration appeal levels combined.
So why is the administrative law judge hearing such a winning level for disability applicants?
Initial Social Security Disability claims and reconsideration appeals are both sent to state disability agencies that are responsible for making Social Security Disability determinations. State disability examiners must strictly follow the impairment listing criteria of the disability handbook “Disability Evaluation Under Social Security” as well as the Social Security Disability vocational guidelines when they make their disability determinations. They do not have much flexibility when making their decisions.
Basically, a disability applicant either meets or equals impairment listing criteria or they meet the vocational guidelines that, when combined with the limitations of the disability applicant, allow the examiner to approve their disability benefits on the basis of a medical vocational allowance (medical vocational allowances are based upon an individual’s age, education, past work, and residual functional capacity).
Although Administrative Law Judges have to abide by the same medical and vocational guidelines, the guidelines are much more amendable to the judges opinion as to an individual’s disability. Administrative law judges can consider the totality of an individual’s medical and/or mental conditions when they opine as to whether or not an individual is disabled or not.
They also use medical vocational experts sometimes to help them make their decisions and often these experts are more able to determine how an individual’s limitations affect their overall ability to find jobs with those limitations.
Disability applicants who follow the disability appeal process to an Administrative Law Judge Hearing are likely to get their disability benefits much sooner than disability applicants who file multiple initial disability claims. There is just no way around the fact that Administrative Law Judges have much more freedom when making their disability determinations than state agency disability examiners, so filing multiple initial disability claims is not an answer to winning disability benefits.
What is the Social Security Disability SSI list of impairments?
Can you work while getting or applying for Disability?
How Often Does Social Security Approve Disability The First Time You Apply?
Tips for getting Social Security Disability or SSI benefits approved
What medical conditions will get you approved for disability?
What kind of Mental Problems Qualify for Disability?
Receiving a Disability Award Letter
Conditions Social Security will recognize as a disability
Previously answered questions regarding SSD and SSI
Applying for disability in your state
Most popular topics on SSDRC.com
Social Security Disability SSI Questions
The listings, list of disabling impairments
Can a mental illness qualify you for disability?
Disability Lawyers prevent unnecessary denials
How much Social Security Disability SSI back pay?
How to apply for disability for a child or children
Filing a Social Security Disability SSI application
Filing for disability - when to file
How to apply for disability - where to apply
Qualifications for disability benefits
How to Prove you are disabled and Win your Disability Benefits
Qualifying for Disability - The Process
How to get disability for depression
Getting disability for fibromyalgia
SSI disability for children with ADHD
What is the Application Process for Social Security Disability and SSI?
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Exam tips
More Social Security Disability SSI Questions
Social Security Disability SSI definitions
What makes you eligible for Social Security Disability or SSI?
New and featured pages on SSDRC.com
Who can help me file for disability?
Denied Social Security Disability Appeal
Getting Disability and Trying to work
How many times can I appeal my Social Security Disability or SSI?
Winning at a Social Security Disability Hearing
What happens when you go to a Social Security Disability hearing?
What to expect at a disability hearing
Preparing for a Disability Hearing to Win Social Security or SSI Benefits
Can a disability attorney speed up my disability hearing case?
The Administrative Law Judge Social Security Disability Hearing
Social Security Disability, back pain, and sedentary, light, and medium work
Qualifying for Disability in South Carolina
If you apply for disability in South Carolina
Disability Lawyer in South Carolina
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Can you get temporary Social Security Disability or SSI benefits?
Permanent Social Security Disability
What is the difference between Social Security Disability and SSI?
Who is eligible for SSI disability?
Can I Be Eligible For SSI And Social Security Disability At The Same Time?
What makes a person eligible to receive disability benefits?
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?
For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.
The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.
To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.