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
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 individual’s 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 individual’s 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 client’s 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).
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?
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?
What conditions will qualify for disability in Missouri?
How much can you get for disability in Missouri?
Disability requirements and criteria in Missouri
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.