Social Security Disability Resource Center

Can disability claims be approved at the reconsideration appeal with an attorney?




 
A Social Security Disability or SSI claim can be approved on a reconsideration appeal with or without an attorney. Typically, whether or not a person has representation at this level will make very little difference. That's because when a representative is involved in a case, the bulk of what they will do occurs at the hearing level.

A disability lawyer at the hearing or a non-attorney representative at the hearing will obtain a claimant's medical records.

Note: Social Security also gathers records but stops doing this once a claim gets past the reconsideration appeal level. Which means that claimants who get to hearings unaware of this fact will have very outdated medical records in their file and practically no chance of winning unless they or a disability representative, such as a lawyer or non-attorney, has gotten the most recent record medical records to add to the file.

A disability lawyer or non-attorney representative will also usually attempt to get one or more statements from an individual's doctor or doctors. These statements are known as medical source statements or residual functional capacity forms.

Social Security uses an RFC form to indicate the ways in which a person is affected by their medical conditions, be they physical or mental. And the medical source statement that is obtained by a disability attorney serves the same purpose at a disability hearing before an administrative law judge. Very often, the medical source statement provides what is needed to prove that the individual is disabled according to the SSA rules and definition of disability.

There are many cases in which a disability representative will do substantial work at the reconsideration appeal level. But in other cases, a disability representative will do relatively little at this stage of the process. Simply because there really isn't much to do. The reconsideration appeal is mainly just a quick rehashing of the disability application. Not much is new, either to do or consider.

All this said, many individuals will still benefit from getting representation before the disability hearing level simply for one reason. That reason is that most reconsiderations (over 80 percent) are usually denied; therefore one might as well be represented and ready to have their representative request a disability hearing.








  • Index of Social Security Disability SSI Questions and Answers

  • 56 Answers to Social Security Disability SSI Questions







  • SSDRC Homepage:

    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



    The SSDRC Disability Blog




    For Individuals living in North Carolina

    Disability in North Carolina

    North Carolina Disability Lawyer

    Getting disability in North Carolina








    Related pages:

    How will a disability attorney help me win?
    Will a disability lawyer improve my chances of winning?
    Will I be approved for disability on my appeal?
    Can you be approved for disability without having to go to a hearing?
    Questions about disability lawyers at hearings
    Why does it take so long to wait for a disability hearing
    Chances of winning on the disability reconsideration
    SSI Disability Appeal works better than a new claim
    The list of differences between Social Security Disability and SSI
    Can you speed up a disability claim?
    Should I get a lawyer if I have already filed for disability?



    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.

    Do I need an attorney to win disability?
    How Long Does It Take To Go Before A Judge For Disability?
    Will a Judge give you an Immediate Decision at the Disability Hearing?
    What happens when you go to a disability hearing?
    Social Security Disability SSI and Medical conditions
    Social Security Disability lawyer fee
    Can a lawyer or attorney speed up my disability case?
    When can I expect my first disability check and my back pay check?
    Going to a medical exam for Social Security Disability or SSI
    Filing for disability - How to file the disability application
    Do you need a lawyer to file for disability?
    How Far Back Can SSI Back Pay Be Paid?
    Can you get temporary Social Security disability or SSI benefits?
    The Social Security Disability Award Letter
    Social Security Disability SSI Eligibility Requirements
    How Many Times Will you be denied before You Get Approved for Disability?
    What makes you eligible for Social Security Disability or SSI?
    How to Prove disability and qualify to win benefits
    How to speed up the disability process
    Social Security Disability Back pay and How Long it Takes
    What should you say if you go to a Social Security Exam?
    Maximum back pay you can get from Social Security Disability or SSI
    How to qualify for disability
    What is the Social Security Disability List of Impairments?
    What is considered a disability by Social Security?
    How Long Does A Social Security Disability Appeal Take?
    How does back pay for Social Security disability work?
    Your Social Security Disability Status
    How do you find out if a disability claim has been approved or denied?
    How to check Social Security Disability Status
    Applying for disability, what medical conditions can you apply for?
    How do you prove your disability case if you have a mental condition or impairment?
    How much does disability pay?
    Can I get permanent Social Security Disability or SSI?
    How long will it take to get a disability decision letter?
    Social Security Disability and SSI Medical Exams
    How long does it take to be approved for SSI or Social Security disability?
    How Long to get a Disability Hearing decision?
    How long to get disability benefits after you receive an award notice?
    Social Security Disability and Working
    What makes a person eligible to receive disability benefits?
    How To Get Disability Through SSDI or SSI Approved
    How Much Income Can A Person Earn If He Draws Social Security Disability?
    Partial disability benefits from Social Security
    Can I Qualify For Disability for Depression?