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

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 Which means that claimants who get to hearings unaware of this fact will have very outdated medical records in their file and practically no chance of winning unless they or a disability representative, such as a lawyer or non-attorney, has gotten the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.

Essential Questions

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?

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?

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 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?

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.