Social Security Disability Resource Center
Disability Lawyer Success Rate - Do Lawyers Improve The Chances of Winning Social Security Disability or SSI?
Social Security allows disability applicants to obtain the services of a disability lawyer or representative at any time during the disability process (i.e. initial disability claim, reconsideration appeal, request for administrative law judge hearing, appeals council review request, and federal court), however claimants do not have to have a disability lawyer or representative during any of these disability claim levels. So why should a disability applicant consider a disability lawyer or Social Security disability representative?
Most individuals who file for disability may not need the help of a disability lawyer or non-attorney disability representative during their initial disability claim, or even during their reconsideration appeal, because these levels of the claims system mostly involve paperwork completion or attending any medical examinations that Social Security deems necessary for their disability decision.
If an individual does not have any physical or mental problems that might prevent them from responding to requests for information, or attending consultative examinations, they may simply not need a disability lawyer's services. Frankly, in many instances, the only way a disability lawyer or representative helps an individual at these levels is by making make sure that the claimant files their appeal paperwork timely, respond to requests for information, and helps to make sure that their client remembers to attend consultative medical examinations.
Other than these reasons, disability lawyers or representatives often do not really improve an individualís chances of winning disability benefits. However, having said this, it should be pointed out that some representatives do an extraordinarily good job of winning their client's cases at the initial claim (disability application) or reconsideration appeal levels.
Such representatives tend to be fairly aggressive when it comes to gathering the necessary evidence for establishing (in the medical record) the severity of the claimant's condition needed to rule out their ability to engage what the social security administration refers to as substantial and gainful work activity. Of course, not everyone representative will be this aggressive in their approach, or as effective in their efforts.
How does a disability lawyer improve an individualís chance of winning social security disability or SSI if they are not able to prove the legitimacy of the case at the initial claim or reconsideration appeal levels?
The level of the system at which most disability lawyers or Social Security representatives improve their clientís chances of winning disability is the administrative law judge disability hearing. Disability claimants who have representation are as much as fifty percent more likely than those who do not have representation to win disability benefits at an ALJ disability hearing.
There are reasons why disability lawyers and Social Security representatives have a higher approval rate than disability applicants at their disability hearing. For example, not many average disability applicants know anything about disability impairment listing criteria, vocational guidelines, or past work, or how social security decides that a claimant has the ability to perform other types of work.
Additionally, a disability lawyer or representative knows what updated medical information is needed for the hearing and is able to get the needed information.
Analysis of the case, however, is often the primary benefit of being represented at a disability hearing. By obtaining a copy of the social security file and reviewing the prior decisions that were made at the disability application level and reconsideration appeal levels, a disability attorney can A) identify discrepancies and inadequacies in the development of the case and B) ascertain the strength of the medical record that was available to the disability examiners who previously handled the case.
Finding errors in prior decisions can sometimes lead a representative to requesting an on-the-record decision from an administrative law judge. On-the-record bench decisions may be granted in cases where it is fairly obvious to the judge that the claim should be approved and benefits awarded, making the time-consuming process of scheduling and holding a hearing unnecessary (which can shave many months of time from a case).
Social Security Disability and SSI Resource Center
The Most Basic questions about Getting Disability Benefits
Social Security Disability and SSI Back Pay Benefits
Social Security Disability SSI and whether or not you can work
How long does it take for Social Security Disability or SSI?
Social Security Disability SSI Awards and Award Notices
Tips, Mistakes, How to Qualify, and How to Win Disability
Tips and Advice for Social Security Disability and SSI Claims
Common Mistakes to avoid after being denied for Disability
Disability Qualifications and How to Qualify for Disability Benefits
Winning Social Security Disability or SSI, How to Win
Denials, Appeals, and Getting a Disability Lawyer or Representative
What you should know about Social Security Disability and SSI Denials
Social Security Disability and SSI Appeal Process - How to file appeals
Questions about Disability Lawyers and Hiring a Disability Attorney
Various Types of Benefits including SSI, Mental, and Child benefits
SSI Disability Benefits, Questions and Answers
Social Security and SSI based on Mental Disability
Social Security Disability or SSI Benefits for Children
Disability Benefits through Social Security
Information to start with regarding Disability Claims
An Overview of Social Security Disability and SSI
What is considered a Disabling condition by Social Security?
The Disability Requirements to be eligible for SSD and SSI Benefits
Filing for Social Security Disability or SSI Benefits
Social Security Disability and SSI Applications
Social Security Disability SSI List of Conditions and Impairments
Social Security Disability SSI: Medical Evidence and Records
Filing your claim for disability benefits
Eligibility for receiving disability benefits
Resources on this site
Social Security Disability, SSI Terms and Definitions
Previously answered questions regarding SSD and SSI
About the Author of SSDRC, Tim Moore
The SSDRC Disability Blog
For Individuals living in North Carolina
Disability in North Carolina
North Carolina Disability Lawyer
Getting disability in North Carolina
What does a Social Security Disability Attorney or Representative do for your claim?
Getting a Social Security Disability Attorney or Representative for your case
How will an attorney help me win disability benefits?
Disability Lawyers, Medical Records, and Social Security Hearings
What Expenses Will A Social Security Attorney Charge In Addition To The Fee?
Can a disability attorney speed up my disability hearing case?
Should you get a Disability Lawyer before you File for Disability, or get an answer on your claim?
Using a lawyer for a Social Security Disability, SSDI, case
If I die on Social Security Disability, will my wife receive anything?
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