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Recent Questions

SSDRC Disability Blog

Do I Have A Good Chance Of Winning Social Security Disability On Appeal?




 
The answer to this question depends upon which angle you look at it from. You have a fairly decent chance of winning Social Security disability if you appeal your disability claim to an administrative law judge hearing. The Social Security disability process begins with an initial disability claim and it could end in federal court, although most disability claimants only pursue their disability claim through the administrative law judge hearing level, or perhaps an appeals council review (the appeals council is where denials issued by administrative law judges are appealed).

The likelihood of an administrative law judge’s decision being turned over at the appeals council review is rare, so rare, in fact, that disability claimants are allowed to file a new disability claim while awaiting their appeals council review decision.

If you are just considering your chances of winning your Social Security disability or SSI disability benefits at a certain level of the appeal process, then it should be first clarified that the average claimant will not have a good chance of winning Social Security disability or Supplemental Security Income disability (SSI) at the first appeal level, which is the reconsideration appeal level. The average national approval rate for reconsideration appeals is about ten to fifteen percent.

However, if you receive a denial of your reconsideration appeal, the chance of winning disability benefits with the Social Security Administration dramatically improves if A) you are not discouraged and B) you file a request for an administrative law judge hearing. The administrative law judge hearing level is the most winnable level of the Social Security disability appeal process. Administrative law judges approve about sixty-six percent or two thirds of all disability claimants who attend their disability hearing, provided that they are represented by a disability attorney or a non-attorney representative.

You just have to avoid giving up after being denied at the initial disability claim (i.e. the disability application) level and reconsideration appeal level. Which means taking the next step and filing a request for a disability hearing. It can take twelve months or longer to be scheduled for a disability hearing.








Return to:  Social Security Disability Resource Center, or read answers to Questions








Related pages:

How can I win Social Security Disability benefits?
How do you Win Benefits under Social Security Disability or SSI?
What kind of cases win disability benefits?
How Likely are You to Win Your Disability Case?
Winning a Social Security Disability Appeal or SSI Appeal
What Will a Disability Lawyer Do to Win a Social Security Case?
What are the chances of winning a Social Security Disability Benefits hearing?
Preparing for a Disability Hearing to Win Social Security or SSI Benefits
Winning Social Security Disability Benefits For Mental Disorders



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 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