Overview of Disability

Disability Back Pay

Disability Requirements

Disability Applications

Disability Advice Tips

How long do cases take?

How to win Disability

SSD Mistakes to avoid

Disability for Mental

What if you get denied?

How to file Appeals

Disability through SSA

SSI Disability Benefits

Disability for Children

How do I qualify for it?

Working and Disability

Disability Award Notice

Disability Lawyer Q&A

Disability Conditions List

What is a disability?

Your Medical Evidence

Filing for your Disability

Disability Eligibility

SSD SSI Definitions

Recent Questions

SSDRC Disability Blog

How can I Win my Social Security Disability Case Without Going to a Hearing?

There are two ways of accomplishing this goal. The first, of course, is obvious: to win your social security disability case without going to a hearing, you should win it at either the initial claim level or at the reconsideration level. Remember, I did use the word "obvious". I'll return to this topic momentarily.

The second way to win a social security disability case without the necessity of going to a hearing is to request an on-the-record review. What is this? In a nutshell, here's what it is: if you've been denied for disability on a reconsideration appeal, and have already submitted a request for a hearing before an administrative law judge, you can attempt to get an "early decision" on your case by requesting that the file be reviewed beforehand. By doing this, your attorney is basically saying A) this is a very strong case and B) since the case is particularly strong, my client shouldn't have to wait many months for a hearing in which he or she will be approved anyway.

Are you guaranteed that your file will be reviewed for an on-the-record decision once the request has been submitted? No. What happens if the request is granted, a review is done, and the case is still not approved based on this early review? Nothing, and by that I mean nothing disadvantageous. The claimant is still left in the position of having to be wait to be scheduled for a disability hearing, just as before.

Now, back to the first part of the answer to the question. Yes, you can win disability benefits without going to a hearing by winning your case at the disability application level or request for reconsideration level. As I said before, this much is obvious. However, as obvious as it is, it should be the goal of every claimant to maximize their chances of winning disability as early in the process as possible. What can a claimant do to maximize their chances?

To some extent, the ball is certainly in the other court (that of the social security administration). However, if you have a strong case, you can make that fact more apparent by providing the social security administration everything it needs to determine the outcome of your claim. That means supplying detailed information regarding your work history and medical treatment.

And sometimes this may also mean personally obtaining your medical records and submitting them with your application (but if you do, make sure you obtain your most recent records as well--if you only submit older records then the disability examiner will still have to request records and wait for them to arrive). Also, it may be very helpful to obtain and submit a supporting statement from your treating physician.

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

Related pages:

How to file for disability in California
If I File For Disability Will They Offset My Pension?
Tinnitus may be a disorder of the Brain
Can you lose disability if cancer improves?
What makes you eligible for Social Security Disability or SSI?
Filing for disability with scoliosis
SSI Back Pay after being Approved
How many people get approved for disability from Social Security?
What Forms Do You Use to File For Social Security Disability?
Temporary Social Security Disability SSI
Social Security Disability SSI reviews
How to file for disability in Iowa
How does a Medical Source Statement (RFC Form) help win a disability?
Filing for disability with autism
What does Social Security Disability SSI pay, how much?

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 provide answers to basic questions about pursuing disability benefits

Social Security Disability attorneys and representatives
What is the status of your social security disability or SSI case
Rules and requirements to apply for disability
Will I qualify for disability?
Apply for disability for any medical condition
Steps and Tips for requesting a disability hearing
If your disability claim is approved or denied
Social Security Award letter for SSD, SSI
Temporary Social Security Disability SSI
Social Security Disability SSI reviews
How social security evaluates attention deficit
Filing for disability with Post polio syndrome
Tips for Getting Disability Approved
How far back Social Security will pay SSDI or SSI
SSI award notices are received by approved claimants
Winning and getting disability with a mental condition
Getting disability for rheumatoid arthritis
Can you work if you get Disability?
Who qualifies for SSI and how
How to file for disability and where to apply
Conditions that may qualify as disability
Denied on a disability application
Answering questions at a Social Security Disability hearing